The Port Gamble S’Klallam Tribal Council may appoint one or more persons to serve as game agents. A game agent shall have the authority to enforce the provisions of this Title and all emergency and annual regulations promulgated hereunder. The Tribal Council may, upon request from a game agent, appoint and deputize a person to assist a game agent in the performance of his or her duties.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
1. 
Game agents shall have the authority to arrest and detain hunting violators to the fullest extent permissible under applicable law. No game agent shall arrest any person for a violation of this Title or regulations adopted hereunder except when:
(a) 
The offense occurs in the presence of the arresting officer; or
(b) 
The agent has probable cause to believe that the person being arrested has committed the alleged offense; or
(c) 
The agent has a warrant signed by a tribal judge commanding the arrest of such person or knows as a certainty that such warrant has been issued.
2. 
In those situations where the game agent is authorized to make an arrest, the agent may instead, in his or her discretion, issue either a written warning or a citation on a form approved by the Tribe commanding the alleged violator to appear before the Tribal Court to answer the charges.
(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 provide law enforcement with the fullest jurisdiction permissible under applicable law.)
The Tribal Council may enter into an agreement with another Tribe, Treaty Council, or State, Federal, or County government providing for the cross-deputization of game agents and/or law enforcement officers.
(Adopted 11/20/1986)
1. 
Immediately upon arrest an alleged violator shall be advised of the following:
(a) 
The charges against him or her;
(b) 
That he or she has a right to remain silent;
(c) 
That anything he or she says may be used against him or her in the court;
(d) 
That he or she has a right to be represented by an attorney or spokesperson at his or her own expense.
2. 
If arrest is made pursuant to a warrant, the accused shall be given a copy of the warrant at the time of the arrest or as soon thereafter as possible.
(Adopted 11/20/1986; amended by Res. 99-A-062, 8/10/1999)
1. 
A game agent may search without warrant any gear, vehicle, tent, camper, or any place or premises at or near a hunting site which the agent has probable cause to believe contains evidence of violations of this Title or of regulations or tags issued or adopted under this Title.
2. 
The Tribal Court may issue a search warrant as provided under Title 2 of the Port Gamble S’Klallam Law and Order Code.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
1. 
Upon arrest or upon issuance of a citation, the game agent may seize all wildlife and parts of wildlife that the agent has reasonable grounds to believe have been taken or killed by the alleged violator contrary to the provisions of this Title, or any regulations promulgated hereunder. A game agent may, in addition, seize any weapons or other paraphernalia (excluding the hunter's vehicle) that the agent has reasonable grounds to believe has been used in the commission of a violation of this Title or any regulation promulgated hereunder.
2. 
A game agent who has seized wildlife, weapons or other items pursuant to this section shall prepare a written inventory of all items seized which shall be signed by the game agent and the alleged violator. When unattended gear and/or its contents are seized, the inventory shall be given to the alleged violator, if known, one copy filed with the Tribal Court, and one copy returned to the Natural Resources Department.
3. 
All items, other than perishable wildlife and wildlife parts, seized pursuant to this section shall, as soon as practicable, be brought to the Tribal office or other place designated by the Tribe for the storage of seized property. Seized property shall be stored in such a manner as to minimize further damage to it and shall be held until disposed of pursuant to order of the Tribal Court.
(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 identify the Natural Resources Department, not the Hunting Committee, as recipient of a copy of the written inventory.)
1. 
Any person who has had perishable meat seized under the authority of this Title may elect to have the meat frozen and stored at his or her expense, pending the outcome of court proceedings, or to have the Natural Resources Department dispose of the meat for tribal purposes. If the person is acquitted or charges are dismissed, the frozen meat shall be returned or, if the meat was disposed of by the Natural Resources Department, the person may be issued a tag to bag a replacement animal.
2. 
If the person whose property has been seized under this Title is acquitted or charges against the person are dismissed, the court shall issue an order for immediate return of the property.
(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 identify Natural Resources Department as responsible for deposal of perishable seized property, not the Hunting Committee.)
1. 
When a person has been convicted of violating a provision of this Title or any regulation promulgated pursuant thereto, the court may order forfeiture of any items seized in connection with the violation if it is a first violation of this Title. The convicted person shall be given the opportunity to present evidence and argument to the Tribal Court regarding why it would be inequitable to forfeit those items seized. Forfeiture is mandatory for second and subsequent violations of this Title as provided under section 18.04.03.
2. 
In all cases where the owner of items seized is unknown, the Tribal Court shall have the power to order the forfeiture of any articles so seized.
3. 
The game agent who makes a seizure shall immediately post at prominent public locations on the reservation a notice describing the items and the time and place of seizure. The notice shall provide that persons wishing to claim the articles must do so within ten (10) days after the notice is posted.
4. 
If no one claims unmarked articles seized under this Title within the time limit provided, the Natural Resources Department may dispose of it. Any proceeds from disposition of the property shall be turned over to the Tribe.
5. 
If a person does claim unmarked articles seized by a game agent, the Tribal Court shall hold an expedited hearing to determine whether the property shall be returned to the owner, as provided in section 18.05.07. If the articles were seized pursuant to a game agent’s belief that an offense was committed, the Tribal Court shall make a finding on whether there is probable cause to believe that the owner committed the offense.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)
[1]
Cross Reference: Section 18.03.03 Sentencing - Second and Subsequent Violations, providing for mandatory forfeiture.
In the event the Tribal Court orders forfeiture of articles seized, the articles shall be turned over to the Natural Resources Department for the use and benefit of the Tribe. Any items or proceeds not forfeited by the order of the Tribal Court shall be returned to the person from whom seized, after the completion of the case and after the fines, if any, have been paid.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 23-A-077, 5/22/2023, to identify the Natural Resources Department as the entity to receive seized articles for the use and benefit of the Tribe instead of the Hunting Committee.)
If any provisions of this Title or its application of the provisions to other persons or legal entity or circumstances is held invalid, the remainder of the Title or the application of the provision to other persons or legal entities or circumstances shall not be affected.
(Adopted 11/20/1986. Codified by Res. 95-A-070, 6/13/1995; amended by Res. 99-A-062, 8/10/1999)