Sentences listed for each offense apply to convictions for the first violation under this Title. The Port Gamble S’Klallam Tribal Court shall not suspend or reduce any mandatory minimum sentence under this Title. The Court shall not have authority to impose community service hours in lieu of all or part of any fine except as expressly provided under this Title.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
Violations that have a significant impact on the resource are more serious than other offenses. If an offense has a penalty range, the Court shall consider whether the violation had a significant impact on the resource and shall impose a penalty higher than the minimum. The Hunting Committee and the Natural Resources Department are authorized to provide information to the Court on the issue of impact to the resource, upon request.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999; amended by Res. 23-A-077, 5/22/2023, to authorize the Natural Resources Department to provide information to the Court regarding resource impacts.)
1. 
Any person who is convicted of a second or subsequent violation of this Title (whether the same or a different offense) within five years of the first conviction shall be sentenced as set forth below.
(a) 
A mandatory, minimum fine in an amount which is twice the mandatory, minimum fine for a first violation for that offense. However, the maximum fine which may be imposed for that offense may not be exceeded; and
(b) 
A mandatory, minimum jail sentence of two days in jail with a maximum of 90 days in jail; and
(c) 
Forfeiture of all property seized pursuant to a lawful arrest or issuance of a citation; and
(d) 
Revocation of all hunting privileges granted by the Tribe for one year. Provided, the Court shall impose more than one year and not to exceed three years revocation of all hunting privileges for those violations which already have a mandatory one year revocation for a first offense.
2. 
For minors between the age of 14 and 18 years of age, the Court may, at its discretion, sentence the minor to a jail period not to exceed 30 days. The Court shall not sentence minors who are 13 years old or younger to jail time.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999; amended by Res. 15-A-113, 9/28/2015, gave Court discretion on sentencing minors aged 14-17, and prohibited Court from sentencing minors 13 and under to jail time.)
[1]
Cross Reference: Section 18.05.08 Forfeiture Procedures.
The first time a person is cited for allegedly violating this Title, the person may forfeit bail instead of appearing in court to defend the charge if the offense does not require revocation of hunting privileges. The amount of money required to forfeit bail in lieu of a court appearance shall be equal to the highest dollar amount within the range set for the offense for which the person was cited. Appearance in court is mandatory if the offense requires revocation of hunting privileges.
(Res. 99-A-062, 8/10/1999)
Persons convicted of violations under this Title who have their hunting privilege revoked are not eligible to hunt or obtain tags until the revocation, all court fines and other conditions of the sentence are fully satisfied.
(Res. 99-A-062, 8/10/1999)