(1) 
All set nets shall be picked at least once every 12-hour period or at a shorter interval if specified in the annual general regulation. All marine drift and skiff nets must be attended by the fisherman at all times, except for those periods of time necessary for attendance of the fisherman at a bona fide emergency. Marine gillnets and marine skiff gillnets shall not exceed the maximum overall length established in the annual Tribal fishing regulations.
(2) 
All nets shall be in compliance with the mesh size, net length, and net depth restrictions specified in applicable provisions of the annual general regulations, preseason regulations, or emergency regulations.
(3) 
The use of explosives, caustic or lethal chemicals in any form is expressly prohibited to kill fish; provided, that this prohibition shall not apply to sea lion control or other animal control when done in compliance with Federal law including any Federal permit requirement. The use of any method of disabling or capturing fish not expressly defined in TTC § 8.05.030 is prohibited, except as may be required for the purpose of biological research and management as provided for in TTC § 8.05.060.
(4) 
Gillnets shall have a visible light at the extreme end of the net and attached to same, and all boats must be properly lighted in conformity with Coast Guard or Tribal regulations for similar crafts in similar waters.
(5) 
Skiff gillnet boats, fishing in marine waters, must have at least two persons currently eligible to fish under Tulalip fishing regulations aboard at all times while engaging in fishing operations after dark. Skiff gillnets shall be defined for reference in annual general regulations.
(Res. 2020-452)
No person shall exercise Tulalip Tribal treaty fishing rights with purse-seine boat and/or gear in Areas 8A and 8D. Purse seining is permissible in any other Tulalip management area, unless otherwise provided by Tribal regulations.
(Res. 2020-452)
Test fishing is permitted under the following conditions:
(1) 
Decision to Conduct Test Fishery. The Fish and Wildlife Director, with the advice and consent of the Fish Commission of the Tulalip Tribes, shall have the power to authorize a test fishery when in his or her opinion such a fishery is justified. The Fish and Wildlife Director shall determine the type and amount of gear appropriate to collect the necessary data sought to be used in, and the time period and fishing area for, the test fishery. There shall be no test fishery other than as directed by the Fish and Wildlife Director as provided herein or by the Tulalip Fish Commission. Other affected management entities shall be given any notice of proposed test fisheries required by applicable orders of the U.S. v. Washington court or any other court of competent jurisdiction.
(2) 
Selection of Participant in Test Fishery. In order to participate in a test fishery, a fisherman must meet the following requirements:
(a) 
The fisherman must be an enrolled member of the Tulalip Tribes who holds a valid Tulalip identification card or a biologist employed by the Tulalip Tribes authorized to take and possess fish and shellfish for scientific management and/or enhancement purposes. The fisherman must be familiar with both gear type and the area for which the test fishery had been designated.
(b) 
The fisherman must agree to record and provide to the Fish and Wildlife Director all the information regarding the test fishery requested by the Fish and Wildlife Director.
(c) 
Only Tulalip authorized fishing vessels, as defined above, or vessels owned by the Tulalip Tribes, may be used in test fishery.
(d) 
The fishing gear used in the test fishery must meet all safety equipment standards and other requirements for similar gear used in the Tribes’ commercial fishery.
(e) 
In the event more than the number of eligible fishermen necessary for the test fishery are interested in participating in said test fishery, the participants shall be chosen by a random drawing conducted by the Fish and Wildlife Director.
(3) 
Responsibilities of Test Fishermen.
(a) 
Test fishermen shall report all information requested by the Fish and Wildlife Director to the Fish and Wildlife Director on a daily basis. Failure to report on a daily basis constitutes withdrawal from the test fishery programs. Such a withdrawal shall date from the time of the report immediately preceding the receipt of the information.
(b) 
The Fish and Wildlife Director shall elect either of the following compensatory schemes for the test fisherman prior to the initiation or commencement of any test fishery, to wit: (i) sale by the particular test fisherman, in which instance the fish tax is hereby made applicable to the sale, or (ii) the fish may be delivered to the Fish and Wildlife Director, in which instance the test fisherman shall receive a flat rate for his participation in the test fishery at such rate previously established by the Fish and Wildlife Director with the advice and consent of the Fish Commission.
(c) 
The test fisherman shall strictly obey the gear, time, and area restrictions of the test fishing program.
(4) 
Failure to Comply – Withdrawal. Failure to comply with any of the provisions of subsection (3) of this section shall constitute immediate withdrawal from the test fishing program. Any fisherman fishing subsequent to withdrawal from the test fishery shall not be covered by the test fishing regulations and shall be subject to the fishing regulations of the Tribes and regulations properly adopted by the Fish and Wildlife Director or Fish Commission.
(5) 
Records to Be Kept. The Fish and Wildlife Director shall maintain permanent records of all data collected in the test fisheries.
(Res. 2020-452)
(1) 
Responsibility of Sellers.
(a) 
It is the responsibility of each fisherman and boat owner at the time of each sale to be sure that the fish ticket is filled out completely and accurately.
(b) 
Knowingly selling fish without ensuring fish tickets are filled out to accurately account for fish sold, or knowingly falsifying fish ticket catch numbers, is prohibited and subject to additional penalties provided in this chapter.
(c) 
A Tribal fisher who engages in personal sales, as defined by regulation, of fish and crab to a person or entity other than fish buyers licensed by the Tulalip Tribes is also required to complete a fish ticket.
(2) 
Sale of fish caught for subsistence or ceremonial purposes is prohibited.
(3) 
The retention, possession, selling or buying of female or undersized crabs is prohibited and will subject the violator to penalties provided in this chapter. This violation shall be assessed per crab.
(Res. 2020-452)
(1) 
No eligible Tribal fisherman shall exercise Tribal fishing rights on any vessel which is not either owned by the fisherman, a Tulalip Tribal member, a member of another tribe which also has treaty fishing rights in the area being fished, a corporation meeting the qualification as set forth under this chapter or in his or her permitted custody pursuant to an approved contract. In order for a vessel to be registered to fish in a Tulalip treaty fishery, the vessel owner shall provide proof of ownership through vessel title, Coast Guard documentation or other sufficient documentation of ownership that is acceptable Fisheries licensing.
(2) 
The above-mentioned contract or corporate ownership must be first approved by the Fish and Wildlife Director prior to the use of said boat in the exercise of Tribal fishing rights. Lease/option agreements or lease agreements are prohibited, whether designated as a security interest or otherwise. Each party to the contract shall sign and submit to the Fish and Wildlife Director and Fish Commission a duly notarized affidavit in a form specified by the Fish and Wildlife Director, verifying the nature and terms of the transaction and the accuracy of the attached documentation. All contract documents, including any security agreement, shall be attached, along with any financial records, proof of payment, and other contract-related information requested by the Director and Fish Commission. Ordinarily a bill of sale, along with proof of payment by cashier’s check, shall be required. The affidavits shall specifically state whether or not any lease of the vessel is involved; the share of catch, if any, to be paid the seller; and whether any security interest has been retained. For corporate ownership verification, the chief corporate officer shall sign and submit to the Fish and Wildlife Director and Fish Commission, with supporting documentation attached as requested by the Fish and Wildlife Director and Fish Commission, a duly notarized affidavit stating whether the corporation meets the requirements of TTC § 8.05.090(3)(a). The affidavit shall be in a form specified by the Fish and Wildlife Director and Fish Commission. The affidavits required by this chapter shall also verify that the affiants have read and understood the enforcement provisions of this chapter for violation of the lease and corporate ownership prohibitions. The affiant shall provide the name, address, and telephone number of the person authorized to accept service of any process on the affiant in the event an enforcement action becomes necessary. In such affidavit, nonmembers shall acknowledge that, by virtue of the vessel transaction and/or approval of vessel use in the Tribal fishery, they have submitted themselves and the vessel to the jurisdiction of the Tribes and its Court and have become subject to Tribal service of process within or outside the Reservation. All affidavits shall recite that the statements made therein are made under oath with the intent that they be relied upon as sworn statements and that a false statement is punishable under State law, Chapter 9A.72 RCW, as well as subject to Tribal enforcement measures. The Fish and Wildlife Director and Fish Commission shall specifically examine the contract terms, corporate documents and all other items and materials deemed relevant, together with the expertise of the Tribal fisherman buying the vessel or his legal interest in the corporation, to determine whether, under the particular circumstances in question, the contract terms can be met. No contract shall be approved if, in the determination of Fish and Wildlife Director and Fish Commission, the seller is to receive a disproportionate share of the proceeds of the catch.
(3) 
No such contract shall be approved unless it first incorporates a special provision or rider executed by the seller, purchaser, and the Tulalip Tribes allowing the Tulalip Tribes in the event of the purchaser’s default, or in the event the purchaser seeks to voluntarily rescind the contract, to acquire the subject matter of the contract, on the terms specified in a special provision or rider at the Tulalip Tribes’ option.
(a) 
This provision or rider shall also provide that prior to the seller’s exercising any remedies on purchaser’s default, the seller shall have given the Tulalip Tribes 60 days after the Tulalip Tribes receives written notice of the default to advise the seller whether it will exercise its option. It shall also provide for written notice to the Tulalip Tribes of the purchaser’s voluntary rescission and 60 days thereafter to decide whether to exercise the option.
(b) 
The Board of Directors of the Tulalip Tribes is authorized to execute such special provision or rider so long as it provides for optional Tribal acquisition of the subject matter of the contract over a term of not less than five years and an interest rate not in excess of nine percent per annum with payments of principal and interest amortized accordingly, unless different terms are required to reasonably reflect fair market conditions; and provided, furthermore, that the purchaser produces certificate of insurance indicating the purchaser is a loss payee to the extent of his interest in the subject matter of the contract.
(4) 
If, in the opinion of the Fish and Wildlife Director and Fish Commission, the above-mentioned contracts or corporate make-up meet the criteria established herein, the Fish and Wildlife Director shall approve and acknowledge by signature notation on the contract or the corporate submittals and shall allow said boat to be used in the Tribal fishery. The Fish and Wildlife Director shall not be required to make his decision on whether to approve the contracts or corporate make-up until seven days have expired after all requested documents and information have been submitted to him. The Fish and Wildlife Director shall retain copies of all approved contracts and corporate submittals.
(5) 
If the Fish and Wildlife Director and Fish Commission determine that said boat is not authorized under this chapter, an aggrieved Tribal fisherman may appeal the ruling to the Tulalip Board of Directors. The decision of the Tulalip Board of Directors shall be final in all cases.
(6) 
It shall be unlawful for any person to provide false or fraudulent documentation or statements to obtain the Fish and Wildlife Director and Fish Commission’s approval under subsections (2) and/or (3) of this section.
(7) 
The following requirements are hereby adopted in order to aid in the enforcement of this section and avoid breaches of the peace. Prior to repossessing a vessel from any area subject to the Tulalip Tribes’ jurisdiction, the seller shall have obtained the written consent of the purchaser at the time the repossession is sought. This consent shall be filed with the Fish and Wildlife Director and Fish Commission prior to repossession, along with proof of compliance with subsection (3) of this section. The Fish and Wildlife Director shall acknowledge receipt of the consent and proof of compliance on a copy of the consent, which shall be retained by the seller and exhibited to the Tulalip Tribes upon demand. If the purchaser refuses to sign a written consent, the seller may not repossess the vessel from an area subject to the Tulalip Tribes’ jurisdiction without first obtaining an order from the Tribal Court. An order for repossession may be sought by filing a complaint for repossession, setting forth the grounds for repossession and following the procedures set forth in Chapters 2.10 and 2.15 TTC. In such proceeding, the Tribal Court shall not allow repossession of a vessel leased to a Tribal member, or if any other terms of the agreement, such as fish shares, were undisclosed. Nor shall repossession be allowed if the required notice and opportunity for acquisition have not been provided to the Tulalip Tribes, pursuant to subsection (3) of this section. In the event of a repossession in violation of this chapter, the Tribal purchaser may bring a civil action against the seller in Tribal Court for recovery of the vessel and damages incurred. Relief shall be denied if it is established that the vessel transaction was a lease, or involved undisclosed fish share payment arrangements, or other undisclosed terms, and the member fully understood the true nature of the transaction. The Court procedures provided for in this section shall be deemed within the Tribal Court’s jurisdiction as limited by TTC § 2.05.020.
(Res. 2020-452)
No person engaged in, or on the way to or from, the exercise of Tribal fishing rights shall discard or otherwise dispose of any litter or other waste material upon any public or private property or in any waters.
(Res. 2020-452)
All boats or other crafts used in exercising Tribal fishing rights shall conform to the current United States Coast Guard safety regulations applicable to similar craft in similar waters, and Tribal safety regulations, including equipment and operation.
(1) 
Assistance by Fisheries Patrol. Fisheries Patrol Officers and staff are not required to respond to requests for fuel delivery and/or tows in nonemergency situations. Examples of nonemergency situations include but are not limited to running out of gas and nonemergency equipment failure. If staffing and time permits, assistance rendered to a boat by a Fisheries Patrol Officer or staff may be without cost to the assisted boat only two times in a three-year period. On third or subsequent requests for assistance, costs shall be assessed to the operator of the boat at the rate of $10.00/gallon for gas, $100.00 for tows over five miles to the nearest port. Fishery assistance charge rates may also be set by regulation.
(2) 
Reckless Endangerment. Any person who shall operate a boat or gear or who shall fish in a manner which would endanger themselves or is likely to endanger the person or property of another is guilty of an offense punishable under this chapter.
(3) 
Serious Marine Incident Reporting. The owner or operator of a Tulalip licensed treaty fishing vessel is required to report any serious marine incident to Tulalip Fisheries Enforcement. A “serious marine incident” means any licensed fishing vessel incident involving:
(a) 
Casualties.
(b) 
Loss of a vessel.
(c) 
An injury to any person which involves an injury that requires professional medical care, beyond routine first aid, and that, in the case of injury to an operator, fisher, diver or crew, renders the person unfit to perform normal duties.
(d) 
Property damage over $25,000.
(e) 
A spill of oil or fuel over 500 gallons.
In addition, enforcement may deem an incident a serious marine incident if enforcement finds grounds for citing the operator, crew or fisher with reckless endangerment.
The operator of a vessel involved in a serious marine incident shall report the incident to Fisheries Enforcement within two hours of the incident. Failure to report a serious marine incident shall be a violation subjecting the operator to a 12-month suspension of their fishing license privileges.
(4) 
Serious Marine Incident Drug and Alcohol Testing. Following a serious marine incident, and after medical and safety concerns are addressed, the boat operator and all crew shall immediately or as soon as practicable, report to Tulalip Enforcement for drug and alcohol testing. Testing may be done by Tulalip Enforcement or designated testing personnel or laboratories. Following a serious marine incident any individuals who refuse to take the tests called for in this policy, or who test positive on any drug test, or who register an alcohol concentration of 0.04 or higher, shall automatically lose their license or permits for treaty fishing for 12 months. The license or permits may be suspended for a longer term depending on the severity of the accident and the totality of the circumstances. The Fish and Wildlife Director shall have authority to suspend or revoke treaty fishing licenses under this section. The drug testing guidelines applicable to divers found in TTC § 8.05.090(7) may be applied to testing under this section. The appeal process in TTC § 8.05.090(7)(h) shall be available to any individual whose license is suspended in relation to the drug and alcohol testing required under this section.
(Res. 2020-452)
Any person required by this chapter to obtain a card and/or permit shall produce for examination the applicable identification cards and fishing permits upon demand of a Tribal Fisheries Patrol Officer, or of State and/or Federal law enforcement officials. Failure to produce the required forms of identification shall be probable cause to believe that such person has no right to exercise Tribal fishing rights.
(Res. 2020-452)
(1) 
This section is intended to implement the Tribes’ right of taking fish under the Treaty of Point Elliott, which includes the right to defend fishing gear and catch from interference by marine mammals. Consistent with Congress’s determination that nothing in the Marine Mammal Protection Act (MMPA) “alters or is intended to alter any treaty between the United States and one or more Indian tribes,” Pub. L. No. 103-238, Section 14, 108 Stat. 532, 558 (1994), this section describes those circumstances identified by the Tribes under which the incidental take of marine mammals by Tribal members exercising treaty reserved fishing rights and certain identified Tribal fisheries enforcement and management professionals is authorized. This section also establishes a framework for government-to-government coordination between the Tribes and the National Oceanic and Atmospheric Administration (NOAA) regarding the incidental take of marine mammals in treaty fishing operations. The Tribes and NOAA will share information intended to improve science-based management of marine mammals and facilitate Tribal enforcement of this section and NOAA enforcement of the MMPA and its implementing regulations.
(2) 
Definitions.
(a) 
“Take”
means to harass, hunt, capture, collect, or kill, or attempt to harass, hunt, capture, collect, or kill a marine mammal.
(b) 
“Incidental take”
means the taking of a marine mammal in the course of treaty fishing operations (i) because it is directly interfering with fishing operations, or (ii) as a consequence of the steps used to secure the fish in connection with fishing operations.
(c) 
“Marine mammal”
means any marine mammal that is not depleted (as defined in the MMPA) or listed under the Federal Endangered Species Act.
(d) 
“Tribal fisheries enforcement and management professional”
means a person authorized by the Tribes to enforce or manage the Tribes’ treaty right to take fish.
(e) 
“Tribal treaty fisher”
means a person authorized by the Tribes to exercise the Tribes’ treaty fishing rights.
(3) 
Incidental Take Authorized. A Tribal treaty fisher and Tribal fisheries enforcement and management professional may incidentally take a marine mammal, under the circumstances specified below, when exercising, enforcing or managing the Tribes’ treaty right to fish.
(4) 
Incidental Take of a Marine Mammal Interfering with Treaty-Reserved Fishing – Preventing Interference.
(a) 
Preventing Interference – Nonlethal Acts. A Tribal treaty fisher or Tribal fisheries enforcement and management professional may incidentally take a marine mammal by deterring it from damaging catch, deployed fishing gear or from direct interference with salmon returning into confined hatchery facilities, so long as such acts of deterrence are not intended to result in the death of or serious injury to the marine mammal. Potential nonlethal deterrence methods will include those set forth in the NOAA Fisheries Guidance, or such other measures as may be added to this provision after consultation with NOAA.
(b) 
Preventing Interference – Lethal Acts. A Tribal treaty fisher or Tribal fisheries enforcement and management professional, after attempting nonlethal steps to deter a California sea lion, harbor seal or other marine mammal, from damaging catch or deployed fishing gear, may incidentally take the marine mammal by lethal means consistent with subsection (4)(c) of this section.
(c) 
Public Safety. Tribal treaty fishers and Tribal fisheries enforcement and management professionals shall ensure that any methods used to prevent a marine mammal from interfering with their fishing operations will not create an imminent risk to public safety.
(5) 
Incidental Take of a Marine Mammal as a Consequence of Steps Used to Secure Fish. A Tribal treaty fisher may incidentally take a marine mammal as a consequence of the steps used to secure fish in connection with treaty fishing operations. Such incidental take includes but is not limited to entanglement of a marine mammal in fishing gear.
(6) 
Self-Defense. A Tribal treaty fisher or a Tribal fisheries enforcement and management professional may incidentally take by nonlethal or lethal means a marine mammal if such take is imminently necessary in self-defense or a life-threatening situation.
(7) 
Reporting Incidents and Delivery of Marine Mammals. Any person and the owner or operator of a Tribal fishing vessel (where applicable) shall report all incidents which occur under any provision of this chapter and all incidental mortality and injury to marine mammals to the Tulalip Fish and Wildlife Department within 48 hours of the incident, and in the case of an incident occurring within the course of commercial fishing operations, to the Tulalip Fish and Wildlife Department within 48 hours of the end of each fishing trip on which such an incident occurs, or within 48 hours of such incident, whichever occurs last. An incident includes deterrence, taking, killing, or injury of a marine mammal.
(8) 
Delivery of Carcass. The carcass of any marine mammal killed pursuant to this section shall be detained if reasonably possible and given over to the Tulalip Fish and Wildlife Department as soon as possible.
(a) 
The Tribes’ Fish and Wildlife Department shall provide on an annual basis a summary report to NOAA Fisheries regarding aggregate incidental takes of marine mammals by Tribal treaty fishers or Tribal fish and wildlife enforcement and management professionals, including number of marine mammals taken, species, location (e.g., catch area), fishery gear type and target species (e.g., salmon troll, salmon drift gillnet, groundfish trawl), and disposition (mortality or serious injury). Individual fisher and vessel anonymity shall be maintained.
(b) 
To facilitate Tribal enforcement of this section and NOAA enforcement of the MMPA and its implementing regulations, the Tribes shall coordinate with NOAA Office of Law Enforcement and share information relevant to such enforcement, including Tribal fishing regulations establishing open seasons and areas, this marine mammal law and contact information for the Tribes’ Fisheries Department and Fisheries Enforcement Office. Upon request, the Tribes shall share with NOAA Office of Law Enforcement relevant information it has obtained from any reports submitted pursuant to subsection (7) of this section regarding the incidental take of a marine mammal by a Tribal treaty fisher or Tribal fish and wildlife enforcement and management professional. The Tribes shall also share information regarding and the disposition of any incident involving incidental take referred to the Tribes for investigation, including the outcome of any prosecution arising from the incident.
(9) 
Penalties. The killing or the causing of serious injury to any marine mammal in a manner that does not comply with the provisions of this section, or the provisions of TTC § 8.10.080, shall be a violation of TTC § 8.10.080 and shall subject the violator to the penalties stated therein. The failure to report a marine mammal mortality as required by subsection (7) of this section shall also constitute a violation of this section.
(10) 
Reservation of Rights. By adopting this section as Tribal law, the Tribes is not waiving any right, claim, defense or other legal entitlement regarding the Tribes’ treaty fishing right or other rights held by the Tribes, nor is it intending to define or interpret the scope of its treaty right to take marine mammals.
(Res. 2020-452)