(1) 
The Tulalip Tribes shall appoint one or more qualified persons to serve as Fisheries Patrol Officers. Fisheries Patrol Officers may undertake other enforcement duties, such as wildlife and land use enforcement, when properly authorized through the chain of command.
(2) 
The Fisheries Patrol Officers shall have the authority to enforce the provisions of this chapter, all emergency and annual regulations promulgated hereunder, and ordinances and regulations properly adopted by the Tulalip Board of Directors. Fisheries Patrol Officers shall have and exercise such police powers as are vested in Tulalip Police Officers generally, and shall be required to complete training required of all Tulalip Police Officers. The Fisheries Patrol Officers shall regularly patrol the Tulalip Tribes usual and accustomed fishing grounds and stations and the Reservation fishing area.
(Res. 2020-452)
Notwithstanding any provision of this chapter, the Board of Directors may enter into an agreement with another tribe, State, Federal or County government(s) providing for the cross-deputization of Fisheries Patrol and/or law enforcement officers; provided, that any such agreement provides that the person so cross-deputized releases the Tulalip Tribes of responsibility for any injury which may befall his person and/or property in the performance of his duties thereunder, and furthermore agrees to indemnify and hold Tulalip Tribes harmless from any suits brought against the Tulalip Tribes or its agents, employees, officers, and/or members arising out of the conduct of said person so cross-deputized in the performance of his duties hereunder.
(Res. 2020-452)
Fisheries Patrol Officers shall have the authority to arrest any person purporting to exercise Tribal fishing rights who is in violation of the criminal provisions of this chapter; provided no Fisheries Patrol Officer shall arrest any person for said violation except when:
(1) 
The officer has probable cause to believe the arrested person has committed the alleged offense; or
(2) 
The officer 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.
All arrests shall be in conformity with arrest procedures contained in TTC § 2.25.040. Fishery Patrol Officers may, in lieu of a custodial arrest, issue a criminal citation requiring the alleged violator to appear in Tribal Court at a designated time and on a designated date.
(Res. 2020-452)
Fisheries Patrol Officers may conduct routine administrative inspections without a warrant and at reasonable times in a reasonable manner:
(1) 
Containers, fishing vessels, fishing equipment, fish, seaweed, shellfish and wildlife of any fish buyer or dealer; and
(2) 
Records required under this chapter of any fish buyer or dealer; and
(3) 
Containers, fishing equipment, fish, seaweed, shellfish and wildlife of any person trafficking or otherwise distributing or receiving fish, shellfish, or wildlife; and
(4) 
Records required under this chapter of any person trafficking or otherwise distributing or receiving fish, shellfish, or wildlife.
(Res. 2020-452)
(1) 
Searches Without a Warrant. A Fisheries Patrol Officer may search without warrant any gear, vehicle, boat, conveyances, containers, packages or other receptacles capable of holding fish, seaweed, shellfish and wildlife or any place which he or she has probable cause to believe contains evidence of violations of law or regulations adopted or permits issued pursuant to this chapter.
(2) 
Searches With a Warrant. The Tribal Court may issue a search warrant and direct a search to be made in any place described in the warrant upon finding probable cause, based on a law enforcement affidavit, that evidence of a crime under this chapter and/or regulations adopted hereunder exists in the place(s) to be searched. Such warrants shall be issued pursuant to the criminal rules of the Tulalip Tribal Court.
(Res. 2020-452)
(1) 
A Fisheries Patrol Officer may seize fish and/or gear as authorized under this chapter and all evidence which the officer has reasonable grounds to believe is evidence of a violation of law or regulations adopted pursuant to this chapter.
(a) 
Seizures for Fishing in Closed Waters and Trafficking. If the violation is fishing in closed waters and/or trafficking, a Fisheries Patrol Officer may, in addition to seizing fish, seize any gear or conveyance used or intended to be used to facilitate a violation of this subsection, or to transport illegally harvested fish; provided, gear and conveyance will not be subject to seizure if a fisherman notifies the Fish and Wildlife Director prior to the close of a lawful opening that, due to mechanical problems, weather or circumstances beyond the fisherman’s control, he or she is unable to retrieve gear in a timely manner, and the fisherman receives prior approval from the Director and/or designee for an additional period to retrieve gear, not to exceed 48 hours.
(b) 
Seizures for Other Violations. For violations other than fishing in closed waters, fish may be seized, but gear and conveyances may only be seized under this chapter where specifically authorized.
(2) 
No Retention. In all cases, fish caught by gear deployed after the close of a fishery shall not be retained by the fisherman. The fish shall either be released, if alive, or confiscated by Fisheries Patrol.
(3) 
Inventory. A Fisheries Patrol Officer who has seized property pursuant to this section shall provide to the party from which the property was seized a written inventory of all items seized which shall be signed by the Patrol Officer.
(4) 
Sale of Fish. The seizing authority shall, as soon as possible, sell all fish seized from the alleged violator. The fish shall be sold at the nearest market at the then-prevailing price of the market selected or donated to official Tulalip elder programs or events, Tulalip funerals or other official Tulalip Tribal-sanctioned events. If fish are sold, all proceeds from the sale shall be immediately deposited in a special account at the Department of Natural Resources. The accused shall receive a copy of the fish ticket when reasonably possible, pursuant to order of the Tribal Court and/or until the 30-day claim period has expired. If fish are donated, an official accounting of the pounds and type of fish donated shall be duly recorded by Fisheries Enforcement and filed with the Fish and Wildlife Director.
(5) 
Storage. All seized property, other than fish, seized pursuant to this chapter shall, as soon as practicable, be stored in such a manner as to minimize further damage to it and shall be held at the owner’s risk until claimed or the 30-day claim period has expired.
(6) 
If illegally caught fish are not seized by the Fisheries Patrol Officer, the violator of the fishing regulations may, upon conviction, be required to pay the full value of the illegally harvested fish, minus any fish tax already collected, to the Tulalip Tribes, which shall be deposited in a special account at the Department of Natural Resources, in addition to the penalty for a fishing violation.
(Res. 2020-452)
(1) 
Administrative Gear Forfeiture. Within 15 days following seizure, the seizing authority shall serve a written notice of intent to forfeit gear on the owner of the property seized and on any person having any known right or interest in the property seized. The notice shall describe the property seized and shall inform claimants that they have 30 days in which to make a claim or the property shall be automatically forfeited. Notice may be by personal service, certified mail, or when the owner is not known, by publication in the See-Yaht-Sub and posting at the Fisheries office. The date of service of notice shall be the date of personal service, or in the case of mailing, two days after the date of mailing, and in the case of publication, the date of publication.
(2) 
Right to Request Return of Gear. Any person whose gear is seized pursuant to this chapter shall have the right to make a written claim by delivering such claim to the Fish and Wildlife Director for return of their gear within 30 days of service of notice of intent to administratively forfeit. If the seizing authority has complied with the notice requirements and there is no claim made within 30 days, then the property shall be deemed automatically forfeited to the Tulalip Tribes.
(3) 
Contents of Written Claim. Any person with a claim to seized property must timely serve the Fish and Wildlife Director with a statement and information necessary to confirm ownership, such as providing identifying markings. If the person fishing the seized gear is not the owner of the gear, the person fishing the gear must also sign a statement to that effect. If such a statement is signed and there are no competing claims to the property and the property is not subject to forfeiture based on the violation, the property may be returned to the owner at the discretion of the Fish and Wildlife Director. No property shall be returned if the property has been forfeited because a written claim was not provided to the Fish and Wildlife Director within the 30-day claim period.
(4) 
Acquittal or Dismissal of Charges. In all cases where a timely written claim is served on the Fish and Wildlife Director and the property is not returned prior to hearing, the Tribal Court shall order return of the property (or proceeds from sale of fish) in all cases where the charges that formed the basis of the seizure are dismissed or the alleged perpetrator is acquitted. If the fish were donated, the market rate at the time of violations will be calculated for the monetary reimbursement amount.
(5) 
Forfeiture by Default. Any person who does not make a claim within 30 days of service or publication of notice of intent to seize property shall have waived any claim to return of the property, and the property shall be deemed forfeited.
(6) 
Conviction. When a person has been convicted of violating a provision of this chapter, any regulation promulgated pursuant thereto and the penalty for the offense is or includes forfeiture of property in connection with the violation, the Tribal Court shall order forfeiture of property in conformity with the penalty for the particular offense.
(Res. 2020-452)
As a remedial civil measure for and where specifically allowed, the Tribes, in addition to other enforcement measures specified in this chapter, may bring an in rem action against a conveyance being used or intended to be used to facilitate violations of this chapter. The seizure, custody and nonsummary forfeiture procedures under Chapter 2.60 TTC shall apply to actions taken under this section.
(Res. 2020-452)
In the event the Tribal Court orders forfeiture of any articles seized and/or the proceeds from the sale thereof, said articles and/or proceeds shall be turned over to the Tulalip Tribes Natural Resources Department for the use and benefit of the Tulalip Tribes Natural Resources Department as determined by the Fish Commission. Any items or proceeds not forfeited by order of the Tribal Court shall be returned to the person from whom seized, after the fines, if any, have been paid. The person making the claim may also be required to provide an ownership statement and identifying information as provided for in TTC § 8.05.340(2).
(Res. 2020-452)
The statute of limitations for enforcement actions under this chapter shall be one year from the date of the alleged violation, except if charges are referred from another jurisdiction, the one year statute of limitations period shall commence from the date of the referral to Tulalip Fisheries Enforcement.
(Res. 2020-452)
(1) 
Warrants. A Magistrate or Tribal Court Judge shall issue a bench warrant for failure to appear when a defendant, having received notice of the hearing, fails to appear for any hearing for any criminal offense under this chapter.
(2) 
Default Judgments. When a respondent or claimant does not appear for a civil hearing, a default judgment will issue against the respondent or claimant. If the respondent or claimant is a Tulalip Tribal member, the fine amount will be ordered to be withheld from their per capita payment. If they are not a Tulalip Tribal member, the judgment will be sent to collections by the Court Clerk. A copy of the judgment shall also be sent by the Court Clerk to the respondent or claimant’s address of record.
(Res. 2020-452)
(1) 
Under the Influence of Intoxicants or Drugs Prohibited. No person shall exercise or assist in the exercise of Tribal fishing rights or in the exercise of a visitor’s permit while under the influence of alcohol or other intoxicants or drugs.
(2) 
Possession of a Controlled Substance. No person shall possess a controlled substance, as defined under Chapter 3.55 TTC, while exercising or assisting in the exercise of Tribal fishing rights or in the exercise of a visitor’s permit.
(Res. 2020-452)
It shall be unlawful to knowingly obstruct, impair or hinder a Fisheries Patrol Officer or any other officer, employee, or representative of the Tulalip Tribes engaged in the enforcement of this chapter or the regulations promulgated hereunder.
(Res. 2020-452)
(1) 
Unauthorized Possession and/or Interference with Fishing Gear. No person may knowingly possess, pull up, retrieve, damage, interfere with or destroy fishing gear owned or registered to another fisherman without written authorization from the owner of the gear.
(2) 
Unauthorized Fish Retrieval. No person may knowingly remove or release fish from fishing gear owned by another fisherman without written authorization from the owner of the gear.
(3) 
Theft. No person may knowingly and purposely obtain or exert unauthorized control, including by threat or deception over any fishing gear or equipment of the owner or by obtaining control over stolen fishing gear and/or equipment knowing that gear and/or equipment to have been stolen by another person, and the person:
(a) 
Has the purpose of depriving the owner of the property;
(b) 
Uses, conceals, or abandons the property in such a manner as to deprive the owner of the property; or
(c) 
Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner of the property.
(Res. 2020-452)
It shall be unlawful for a Tulalip fisherman or other person to traffic in fish that was harvested in violation of the requirements of this chapter. Each species trafficked shall constitute a separate violation.
(Res. 2020-452)
Violations of this chapter may carry criminal and/or civil penalties. Any person subject to the criminal jurisdiction of the Tulalip Tribes who has been convicted by the Tribal Court of violating any criminal provision of this chapter shall be tried and sentenced to the penalties provided in this chapter in accordance with Tulalip criminal procedures, Chapter 2.25 TTC. Any person subject to the civil jurisdiction of the Tulalip Tribes and is found to have committed a civil infraction shall be assessed applicable civil fines and other civil sanctions in accordance with procedures under this chapter. If a violation is a criminal offense under this code, but the violator is not subject to the criminal jurisdiction of the Tribes, the monetary penalties and other noncriminal sanctions associated with the violation shall be enforceable as civil violations.
(1) 
Penalties – General.
(a) 
Descriptions of offenses listed in the penalty schedule are merely references to the actual laws. Refer to this chapter for wording of the laws.
(b) 
Separate Offenses. For fishing gear limit violations and fishing in closed waters violations, each separate piece of fishing gear used or possessed in excess of regulatory fishing gear limitations or used in an area that is closed for fishing at the time of violation may be considered a separate offense. Any violation that involves exceeding gear limitations shall also result in seizure and forfeiture of all fish in possession, and all gear in excess of the limit.
(c) 
Penalties for violations which are referred to in the penalty schedule as “Class E” and “Class D” are criminal charges that subject the violator to the following criminal penalties:
(i) 
Class E.
(A) 
A fine of $2,500 to $5,000;
(B) 
Forfeiture of all fish;
(C) 
Suspension of all fishing privileges for one year;
(D) 
A boat operated or fishing gear used in violation of this chapter cannot be used in the exercise of Tulalip Tribes treaty fishing rights for one year; and
(E) 
Imprisonment for up to 365 days.
(ii) 
Class D.
(A) 
A fine of $1,000 to $2,500;
(B) 
Forfeiture of all fish;
(C) 
Suspension of all fishing privileges for 180 days;
(D) 
A boat operated or fishing gear used in violation of this chapter cannot be used in the exercise of Tulalip Tribes treaty fishing rights for 180 days; and
(E) 
Imprisonment for up to 180 days.
(d) 
All violations not designated as Class E or D shall be designated as fisheries civil infractions carrying monetary fines and other sanctions as stated in the penalty schedule, but not carrying any potential term of imprisonment.
(e) 
All penalties in the penalty schedule are mandatory, subject to potential reduction by the Tribal Court if the Court finds mitigating circumstances merit a reduction.
(f) 
The Tribal Court may allow a defendant to pay a fine in installments over a reasonable period of time.
(g) 
The Tribal Court may order community service hours in lieu of part or all of a fine where there is a showing of hardship or when the interest of justice so requires. Each hour of community service shall reduce the fine by $12.00 per hour, or any approved Tribal government minimum wage amount, whichever is greater.
(h) 
The Tribal Court may order a defendant to pay Court costs in addition to any penalty ordered.
(i) 
In addition to any other available remedies for nonpayment of fine, the Tribal Court may also order the imposed fine to be withheld from the defendant’s per capita distribution. If the defendant has more than one obligation to the Tulalip Tribes, the total amount withheld to satisfy those obligations shall not exceed the maximum percentage allowed under Tribal law and policy and at least five percent of the amount withheld shall be allocated to the fishing fine(s).
(j) 
Violations shall accumulate for sentencing purposes. A “clean record” shall be restored as to any one violation provided three years has elapsed from the date the defendant fulfills all obligations of his or her criminal sentence or civil penalty.
(2) 
Habitual Offender. In order to discourage repetition of violations by individuals whose record demonstrates an indifference to laws contained in this chapter, an individual deemed to be an habitual offender shall have an increased sanction added to the sanctions already imposed for their particular violation. An habitual offender’s fishing privileges shall include a mandatory suspension for 180 days upon their fourth or subsequent violation under this chapter in a three-year period. For the purposes of this section, prior convictions of multiple violations arising from the same incident or occurrence shall be treated as a single prior conviction.
(3) 
Sentencing. In cases of violations carrying possible terms of imprisonment, the Tribal Court shall use applicable Tulalip criminal sentencing procedures as a guideline with the additional considerations of:
(a) 
Whether or not the offense involved a conservation threat to the fishery resource; and
(b) 
The nature and extent of prior Tribal fishery convictions under this chapter; and
(c) 
Whether the actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. It is understood that violations which have a significant impact on the resource shall be deemed more serious than other offenses and shall be punished accordingly.
(4) 
Notice to Fisheries Department. A copy of all judgment orders issued for violations of this chapter, both civil and criminal, shall be sent to the Natural Resources Director and Tulalip Police Department – Fish and Wildlife Division.
(5) 
Penalty Schedules. The following schedule of penalties applies to offenses under this chapter. The Tulalip Tribes Fish Commission shall periodically review the penalties below and shall make recommendations to the Tulalip Board of Directors for appropriate amendments.
Penalties – Mandatory
Section (and Description)
First Violation
Second Violation
Third Violation (Not Forfeitable)
TTC § 8.05.050(1) – Allowing nonenrolled person to assist
$500.00
$1,000
$1,500 + suspension of fishing for one year
TTC § 8.05.050(2) – Minors fishing by themselves
$25.00 + sent to the dock until remedied
$50.00 + sent to the dock until remedied
$250.00 + sent to the dock until remedied
TIC 8.05.050(2)(b) – Parent/guardian permitting a minor to violate special minor restrictions
$50.00 and sent to the dock until remedied
$100.00 + sent to the dock until remedied
$500.00 + sent to the dock until remedied
TTC § 8.05.090(7) – Failure to possess required I.D. card, permits, and licenses
$50.00 + sent to the dock until remedied
$100.00 + sent to the dock until remedied
$250.00 + sent to the dock until remedied
TTC § 8.05.100(1) and (3) – Fishing vessel not properly registered
$100.00 + forfeit fish + sent to the dock until remedied
$250.00 + forfeit fish + sent to the dock until remedied
$500.00 + forfeit fish + sent to dock until remedied
TTC § 8.05.100(2) – Fishing gear not properly marked
$100.00 + sent to the dock until remedied
$250.00 + sent to the dock until remedied
$500.00 + forfeit fish + sent to the dock until remedied
TTC § 8.05.120(7) – Violation of fishing regulations
$100.00
$250.00
$500.00
TTC § 8.05.150(1)(a) – Fishing in waters closed to fishing by this chapter or regulations promulgated hereunder; Conservation, management or allocation closure
$500.00 + forfeit fish
Class D
Class E
TTC § 8.05.150(1)(b) – Fishing in waters closed to fishing by this chapter or regulations promulgated hereunder; Fishing gear extending beyond a lawful open area or failure to remove gear prior to an area closing
$1,000 + forfeit fish
$1,500 + forfeit fish + gear
$2,500 + forfeit fish + suspension of fishing for one year
TIC 8.05.150(1)(c) – Fishing in waters closed to fishing by this chapter or regulations promulgated hereunder; Overfishing a subsistence/ceremonial permit
$1,000 + forfeit fish
$1,500 + forfeit fish + gear
$2,500 + forfeit fish + suspension of fishing privileges for one year
TTC § 8.05.150(3) – Fishing under non-Tulalip licenses prohibited
$500.00 + forfeit fish
$1,000 + forfeit fish and gear
$2,500 + forfeit fish + suspension of fishing for one year
TTC § 8.05.150(4) – Fishing with vessel not on list of Tulalip authorized vessels
$500.00 + forfeit fish
$1,500 + forfeit of fish
$2,500 + forfeit fish + suspension of fishing for one year
TTC § 8.05.180 – Failure to pay fish tax
$100.00 + pay tax
$250.00 + pay tax
$500.00 + pay tax
TTC § 8.05.180(4) – Selling fish to unlicensed buyer
$1,000
Class D
Class E
TTC § 8.05.190(1) – Failure to check/pick set net at intervals required by this chapter or regulations promulgated hereunder
$100.00
$250.00 + forfeit net
$500.00 + forfeit net
TTC § 8.05.190(2) – Net with mesh size, length or net depth restrictions in violation of this chapter or regulations promulgated hereunder
$100.00 and sent to the dock until remedied
$250.00 + forfeit fish + sent to the dock until remedied
$500.00 + forfeit fish + gear + sent to the dock until remedied
TTC § 8.05.1.90(3) – Use of explosives, chemicals to kill fish
Class D
Class E
Class E
TTC § 8.05.190(3) – Use of gear not defined in TTC § 8.05.030
$250.00
$500.00
Class D
TTC § 8.05.190(4) – Failure to properly light gillnet
$100.00 + sent to dock until remedied
$150.00 + sent to the dock until remedied
$250.00 + sent to the dock until remedied
TTC § 8.05.190(5) – Operating a skiff gillnet vessel after dark with fewer than two persons currently eligible to fish aboard at all times
$100.00 + sent to dock until remedied
$200.00 + sent to dock until remedied
$500.00 + sent to dock until remedied
TTC § 8.05.210 – Placing river set nets in unauthorized place
$250.00 + forfeit fish
$500.00 + forfeit fish
$1,000 + forfeit fish
TTC § 8.05.220 – Purse seining in area closed to fishing under this chapter or regulations promulgated hereunder
$500.00 + forfeit fish
$1,000 + forfeit fish
$1,500 + forfeit fish + gear
TTC § 8.05.230(1) – Conducting or participating in unauthorized test fishery
$500.00 + forfeit fish
$1,000 + forfeit fish
$1,000 + suspension of fishing for one year
TTC § 8.05.240(1)(a) – Failure to completely and accurately fill out fish ticket
$75.00 per ticket
$75.00 per ticket
$75.00 per ticket
TTC § 8.05.240(2) – Sale of fish caught for subsistence or ceremonial use
$250.00 + sale proceeds + suspension of fishing for one year
$500.00 + sale proceeds + suspension of fishing for one year
$1,000 + sale proceeds + suspension of fishing for two years
TTC § 8.05.240(3) – Possession, sale or purchase of undersized or female crab
$100.00 per crab
$200.00 per crab
$300.00 per crab
TTC § 8.05.250(1) – Fishing on a boat not owned by the fisherman, a Tulalip Tribal member or a treaty tribe member with fishing rights in same area pursuant to unauthorized agreement or other violation of TTC § 8.05.250(1)
$2,500 + suspension of fishing for up to five years
$2,500 + suspension of fishing for five years
$2,500 + suspension of fishing for five years
TTC § 8.05.250(6) – Providing false or fraudulent documentation or statement to obtain Fish and Wildlife Director approval under TTC § 8.05.220(2) and/or (3)
$2,500 + suspension of fishing privileges for up to five years
$2,500 + suspension of fishing privileges for five years
$5,000 + suspension of fishing privileges for five years
TTC § 8.05.260 – Littering (all Community service must be done under Natural Resource/The Port of Tulalip Marina/Fish Commission)
$50.00 – $250.00 + 10 – 20 community service hours
$200.00 – $500.00 + 20 – 50 community service hours
$500.00 – $1,000 + 50 community service hours
TTC § 8.05.270 – Safety violation
$100.00 + sent to dock until remedied
$150.00 + sent to dock until remedied
$250.00 + sent to the dock until remedied
TTC § 8.05.270(2) – Reckless endangerment
$500.00 + forfeit fish
1,000 + forfeit fish
$1,500 + suspension of fishing for one year
TTC § 8.05.270(3) – Failure to report serious marine incident
Suspension of fishing for one year
Suspension of fishing for two years
Suspension of fishing for five years
TTC § 8.05.280 – Failure to produce required I.D. card and permit upon demand
$50.00 + sent to the dock until remedied
$100.00 + sent to the dock until remedied
$250.00 + sent to the dock until remedied
TTC § 8.05.290(7) and (9) – Failure to report marine mammal mortality
$100.00
$200.00
$300.00
TTC § 8.05.410(1) – Exercising fishing rights under the influence of alcohol or drugs
$1,000
$2,000
$5,000 + 200 community service hours
TIC 8.05.410(2) – Exercising fishing rights while in possession of a controlled substance
$1,000
$2,000
$5,000.00 + 200 community service hours
TIC 8.05.420 – Obstructing Fisheries Enforcement Officer
Class D
Class D
Class E
TTC § 8.05.430 (1) – Unauthorized interference with fishing gear
$500.00 + forfeit of fish
$1,000 + forfeit of fish
$2,500 + forfeit fish + suspension of fishing for one year
TTC § 8.05.430(2) – Unauthorized fish retrieval
$500.00 + forfeit of fish
$1,000 + forfeit of fish
$2,500 + forfeit fish + suspension of fishing for one year
TTC § 8.05.430(3) – Theft of fishing gear and or equipment
$500.00
$1,500
$2,500 + suspension of fishing for one year
TTC § 8.05.440 – Unlawful trafficking in fish
$1,000
Class D
Class E
(6) 
The penalties provided above under TTC § 8.05.250(1) and (6) shall apply notwithstanding any other provisions of this chapter.
(Res. 2020-452)
(1) 
A Fisheries Patrol Officer or other Tulalip police officer shall have authority to issue a civil citation in the field or a citation may be filed with the Clerk of Court by an enforcement officer or the prosecuting attorney. If a notice of infraction is filed with the Court Clerk, the Court will mail a copy of the notice to the respondent.
(2) 
Notice of Infraction – Contents. The notice of infraction shall include:
(a) 
A sworn statement of the officer initiating the infraction setting forth facts of the infraction attached to the notice of infraction;
(b) 
The monetary and nonmonetary penalties for the violation;
(c) 
Notice that the respondent must respond within 15 days of the date of issuance (for citation issued in the field) or the date of mailing (for citation mailed by the Court) by paying the fine listed on the notice of infraction and accepting the other sanctions imposed or returning a copy of the citation to the Court indicating that the respondent requests a mitigation hearing or a contested hearing.
(3) 
Hearing Requested by Respondent. If a hearing is requested by the respondent, the Court Clerk shall send a notice of hearing to the respondent setting the date and time of hearing. There is no right to jury trial for civil fishing violations.
(4) 
Default Judgment.
(a) 
If the respondent does not appear at the hearing, a default judgment will issue against the respondent, which will be sent for collection. A copy of the judgment shall be sent by the Court Clerk to the respondent.
(b) 
If the respondent does not respond within 15 days a default judgment will be issued which will be sent for collection.
(5) 
Hearings.
(a) 
Counsel. A person who has received a notice of infraction may be represented by counsel at an infraction hearing. There is no right to counsel; accordingly, counsel must be retained at the party’s own expense. The Tribes may be represented by a representative from the Office of the Reservation Attorney.
(b) 
Contested Hearing. A contested hearing shall be before a judge; a jury trial is not permitted. The burden of proof is upon the Tulalip Tribes to establish the commission of an infraction by a preponderance of the evidence. The Court may consider the notice of fishing infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement or police report establishes the factual basis for the infraction issued to the responding party. The responding party may present evidence and examine witnesses present in court. At the conclusion of a contested hearing, the Court shall determine whether there was jurisdiction and whether the infraction was committed. Where the Court finds that it has not been established that the infraction was committed, an order dismissing the notice of infraction shall be entered in the Court’s records. Where an infraction is found to have been committed, an appropriate order and/or judgment shall enter in the Court’s records.
(c) 
Mitigation Hearing. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has not been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. After the Court has heard the explanation of the circumstances surrounding the commission of the infraction, the Court shall enter an order and/or a judgment. There shall be no appeal from the Court’s ruling.
(d) 
Deferral of Judgment. In any hearing held under this rule, the Court may defer entry of an order or judgment for up to one year, on conditions set by the Court. An order deferring an infraction may include a fine or other nonmonetary sanctions. If, at the end of the deferral period the party has satisfied all of the Court’s conditions and has not committed any new fisheries violations, the Court may dismiss the infraction. A person may not receive more than one deferral within a seven-year period.
(6) 
Judgments on Fisheries Civil Infraction Violations.
(a) 
Civil Actions. Noncriminal fishery violations are civil actions. Accordingly, any hearing relating to a fisheries infraction violation is civil in nature.
(b) 
Penalty. A person found to have committed a fisheries infraction shall be assessed a monetary penalty and other applicable noncriminal sanctions in accordance with this chapter.
(c) 
The Court may, in its discretion, reduce the monetary penalty prescribed for the infraction only if it finds that mitigating circumstances exist.
(d) 
Notice to Fisheries Department. A copy of all civil judgments shall be sent by the Court to the Fisheries Department.
(Res. 2020-452)
Any activity of a nonmember subject to the provisions of this chapter which is contrary to the provisions hereof or any regulation promulgated hereunder is hereby prohibited and declared unlawful and a public nuisance, the civil remedies for which shall be suspension or revocation of some or all of the privileges and/or licenses or permits granted to said person or persons by the Tulalip Tribes and/or by a civil fine of not less than $250.00 nor more than $2,500.
(1) 
Nonmembers of the Tulalip Tribes are prohibited from entering any beaches, tidelands, or other submerged lands owned, restricted against alienation or held in trust for the Tulalip Tribes unless authorized to fish there pursuant to this chapter, legally entitled to reside there or a guest of a legal resident. Nonmembers of the Tulalip Tribes who, after being adequately warned by Tribal authorities, shall be subject to a civil trespass citation under this chapter with a fine of up to $500.00.
(2) 
Notwithstanding the fines specified in subsection (1) of this section, a nonmember who provides false or fraudulent documentation or statements to obtain Fish and Wildlife Director approval under TTC § 8.05.250(2) and/or (3) shall be subject to a civil citation with a fine of up to $5,000. Any nonmember who, with knowledge of the requirements of TTC § 8.05.250, engages in a violation thereof shall also be subject to a civil citation with a fine of up to $5,000 for each violation. Each day the vessel is used in the treaty fishery in violation of TTC § 8.05.250 shall be considered a separate violation; provided, that in the case of such multiple violations, the daily fine shall be set in an amount not exceeding the value of the day’s total fish harvest. In lieu of this fine, or any portion thereof, any share of fish to which the nonmember may have been entitled may be seized and declared forfeited.
(3) 
The Tribal Court shall have jurisdiction over these civil proceedings involving nonmembers of the Tulalip Tribes. The rules for civil infraction procedures under this chapter shall be followed unless clearly inapplicable. No counter-claim or set-off shall be allowed.
(4) 
A nonmember is subject to service of Tribal Court process within or outside the Tulalip Reservation and submits to Tribal jurisdiction for a cause of action arising from any of the following, when on his own behalf, through an agent, or as an agent, he:
(a) 
Is granted any privilege or approval pursuant to this chapter;
(b) 
Enters a consensual relationship with the Tulalip Tribes or any of its members, through commercial dealings, contracts, leases or other arrangements; or
(c) 
Engages in activity within the Tulalip Reservation or on Tribal trust land outside the Tulalip Reservation which threatens or has some direct effect on the political integrity, economic security or the health or welfare of the Tulalip Tribes.
(5) 
The nonmember activities regulated by this chapter fall within one or more of the above-listed matters giving rise to Tribal jurisdiction.
(Res. 2020-452)
(1) 
Except as specifically provided for otherwise herein, procedures of TTC Titles 2 and 3 (law and order) shall be applicable to the enforcement proceedings hereunder; provided, that only the civil rules of the Tribal Court shall be applied in seeking remedies for nonmember violations.
(2) 
This chapter shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
(3) 
If any provision of this chapter, or its application to any person or legal entity or circumstances, is held invalid, the remainder of this chapter, or the application of the provision to other persons or legal entities or circumstances, shall not be affected.
(4) 
The repeal, revision, amendment, or consolidation of any ordinance or part of an ordinance or section or part of a section of any ordinance amending any provision of this title shall not have the effect to release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such statute, unless the repealing, revising, amending, or consolidating act so expressly provides, and such statute or part of a statute or section or part of a section of a statute so repealed, amended, or revised shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions imposing, inflicting, or declaring such penalty, forfeiture, or liability.
(Res. 2020-452)
(1) 
Authorization of Diver Harvest Training.
(a) 
The purpose of this section is to provide for Tribal members to receive training in geoduck techniques and safety from qualified non-Tribal members to ensure that diving is carried out in a safe manner. It is the intent of this section to fully comply with Federal Court rulings concerning shellfish harvesting and to limit the benefits of the exercise of treaty shellfish harvesting to Tulalip Tribal members only.
(b) 
Use of Nonmember Vessels and Gear and Participation of Nonmembers in Geoduck Diving Training. Non-Tribal members may participate in and utilize their vessels and equipment for training of Tribal members pursuant to the applicable provisions of this chapter. Any such participation is not deemed fishing or harvesting, and is limited to training only. Under no condition shall any non-Tribal trainer receive any share of the harvest or any other interest in the geoduck harvest.
(2) 
Geoduck Training Requirements – Permitted Agreements.
(a) 
Eligible Tribal fishermen may train to exercise Tribal fishing rights for geoducks on a 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, or a corporation meeting the qualifications as set forth in TTC § 8.05.090(4)(a), if such is pursuant to a contract and permit as provided for in this section.
(b) 
The above-mentioned contract and permit must be first approved by the Fish and Wildlife Director prior to the use of the boat in the exercise of geoduck training dives. Each party to the contract shall sign and submit to the Fish and Wildlife Director 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 shall be attached, along with any other contract-related information requested by the Director. The affidavit required by this chapter shall also verify that the affiants have read and understood the enforcement provisions of this chapter for violation of ordinance 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, nonmember shall acknowledge that, by virtue of the transaction and/or approval of vessel use in the geoduck training program, they have submitted themselves and the vessel to the jurisdiction of the Tribes and its Court and have become subject to Tribal services of process within or outside the Reservation. All affidavits shall recite that the statements 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 Wild-life Director shall specifically examine the contract terms, corporate documents and all other items and materials deemed relevant, together with expertise of the Tribal fishermen undergoing training, 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 the Fish and Wildlife Director, the seller is to receive a share of the proceeds of the catch.
(c) 
If, in the opinion of the Fish and Wildlife Director, the above-mentioned contracts meet the criteria established herein, the Fish and Wildlife Director shall approve and acknowledge by signature notation on the contract and shall allow the boat to be used in the Tribal training program. The Fish and Wildlife Director shall not be required to make his decision on whether to approve the contracts 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 submittals.
(d) 
If the Fish and Wildlife Director determines that a boat should not be 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.
(e) 
It shall be unlawful for any person to provide false or fraudulent documents or statements to obtain the Fish and Wildlife Director’s approval under this section.
(3) 
Contents of Contract.
(a) 
All contracts submitted to the Director pursuant to this chapter shall provide that the trainer shall provide a vessel, trainee’s dry suits and other personal equipment, and requisite training for a flat fee. Such fee shall not be dependent upon the success of any practice dives nor the quantity of geoducks taken on any such dives.
(b) 
All contracts submitted must provide for monitoring of harvest training by persons designated by the Director. The contract shall provide the monitors will be provided access to the training vessel or other equipment at any time that it is in operation for training purposes.
(c) 
The trainee shall be responsible for payment to the trainer for equipment use and training.
(4) 
Limitations on Harvest. No harvest by any individual trainee shall exceed 100 pounds per trainee.
(Res. 2020-452)
(1) 
Preamble. The Board of Directors of the Tulalip Tribes, in recognition of the high position which wise management of the fishing resource holds in the Tribal community and tradition, hereby establishes a Fish Commission to oversee the management of the fisheries resource by the Tribal government. The Board of Directors will continue to hold ultimate responsibility and authority for fisheries management activities of the Tulalip Tribes, but the Fish Commission will play the principal role in converting the general policy of the Board of Directors into specific fisheries policies to be carried out by the Tribal government. The Fish Commission will be made up of elected Tulalip Tribal enrolled members. The ultimate purpose for establishing this Fish Commission is to assure that the membership of the Tulalip Tribes continues to enjoy the benefits of the rights to fish which were reserved and protected in treaties made by our ancestors with the government of the United States.
(2) 
Fishermen General Membership of Commission. The fishermen general members of the Tulalip Fish Commission shall be all persons who meet all of the following qualifications:
(a) 
An enrolled member of the Tulalip Tribes.
(b) 
Eighteen years of age or older.
(c) 
Holds a valid Tulalip Tribal Fishing License.
(3) 
Fishermen General Membership Meetings.
(a) 
The fishermen general members shall meet annually in February of each year to review the status of the resources of concern to the Tulalip Tribes and make recommendations and approve management plans governing the harvest of these resources by the Tulalip Tribes and discuss actions required to protect the resources-related rights reserved in the Treaty of Point Elliott.
(b) 
Special meetings of the fishermen general membership may be called by majority vote of a quorum of the Commissioners or by 25 registered members of the general membership.
(c) 
Notice to the fishermen general members for the annual meeting or special meetings shall be by public notices posted in and on premises on the Reservation frequented by the members and in the Tribal paper with 10 days’ notice.
(d) 
The Chairperson of the Commission shall preside over annual and special meetings.
(4) 
Quorum. The quorum to conduct a meeting to the membership shall be 25 voting members. All shall have in their possession a valid Tribal identification or fisheries identification card.
(5) 
Tulalip Fish Commission Governing Body. The governing body of the Tulalip Fish Commission shall be composed of seven Commissioners elected from the general membership of the Tulalip Tribes.
(6) 
Terms of Commissioners. The governing body of the Tulalip Fish Commission shall be a Board of Commissioners composed of seven Commissioners elected by the general membership. The Commissioners shall be elected for a three-year term.
At the end of each term, Board members will be elected for a term of three years, unless removed or replaced as provided for in this chapter.
(7) 
Qualifications of the Board of Commissioners. Persons elected to the Board of Commissioners must meet the following qualifications:
(a) 
Be an enrolled member of the Tulalip Tribes.
(b) 
Be 18 years of age or older.
(c) 
Have a minimum of five years’ experience in the last 10 years as a commercial fisherman.
(d) 
Be of good character.
(8) 
Board of Commissioners Vacancies.
(a) 
A position on the Board of Commissioners shall be deemed vacant under any of the following conditions:
(i) 
A Commissioner dies.
(ii) 
A Commissioner resigns his or her office.
(iii) 
A Commissioner’s term expires.
(b) 
A position may be declared vacant by a vote of a majority of the full Commission not including the vacant position for any of the following reasons:
(i) 
The Commissioner fails to participate in three consecutive regular meetings due to physical or mental incapacity.
(ii) 
The Commissioner, without good cause, fails to participate in two consecutive regular meetings not including physical or mental capacity.
(iii) 
The Commissioner continually violates fishing regulations of the Tulalip Tribes. Commission would review the severity of the continuous violation with a complete report and then the Fish Commission would vote on it.
(c) 
If a Commissioner is challenged for any of the above reasons, the challenged Commissioner shall be notified in person and in writing that the remaining Board of Commissioners is considering declaring that position vacant, and the challenged Commissioner shall have the privilege of a grievance hearing within 10 days before the Tulalip Fisheries Board of Commissioners. The decision of the Board of Commissioners shall be final. In the event of failure to participate in three consecutive regular meetings due to physical or mental impairment, the remaining Board of Commissioners shall, in their sole discretion, determine whether the incapacity is likely to continue in such a manner that the challenged Commissioner will not be able to actively represent the Tulalip Tribal membership.
(d) 
Vacancies occurring for any other reason than expiration of a fixed term shall be filled by appointment by the Board of Directors for the unexpired portion of the term. The Fish Commission may forward names to the Board of Directors for their consideration in filling the vacancy.
(9) 
Powers and Duties of Commissioners. The Commissioners shall have the following powers and duties:
(a) 
To review and provide final approval of preseason regulations.
(b) 
To provide direction to the Fish and Wildlife Director on in-season regulations for hunting and fishing.
(c) 
To make recommendations to the Tulalip Board of Directors concerning changes in this chapter, associated regulations and establishment of taxes and/or fees levied on fishing activities.
(d) 
To develop long-term objectives for the production and management resource for fishing and the environmental quality required for that production and strategies to achieve these objectives for recommendation to the Tulalip Board of Directors for adoption as official Tribal policy.
(e) 
To represent the Tulalip Tribes, when specifically asked to by the Tulalip Board of Directors, in intertribal, Federal, State and international co-management meetings, and at other relevant forums regarding fishing issues.
(f) 
To review any actions that may be taken by other agencies, governments, or other entities affecting Tulalip fisheries and take appropriate action or recommend to the Board of Directors for action.
(g) 
To direct the operations of the Fisheries Department through the Fish and Wildlife Director, with respect to budget requirements, hatchery goals, enforcement goals and efficiency of all program implementations.
(h) 
To receive and expend funds appropriated for Commission use by the Tulalip Board of Directors, to develop a program, manage fish tax, Court fees, and permit licensing fees, prepare a budget (subject to approval of the Tulalip Board of Directors) and supervise the implementation of the program to identify fishing objectives, develop policy and strategy to achieve these objectives, and present these policies to appropriate levels of County, State, Federal and Tribal government.
(i) 
To identify specific tasks for execution by Commissioners and levels of compensation for the execution of such tasks, all in accordance with the Employee Handbook.
(j) 
To evaluate the fisheries program and report to the Board of Directors once per year as to its operation and efficiency.
(k) 
To carry out duties provided for under this chapter, or as delegated by the Board of Directors.
(10) 
Tulalip Fisheries Commission Officers. The Commissioners shall hold their first official meeting within 30 days after they are notified of being elected by the general membership at which time they will nominate and elect a Chairperson, Vice-Chairperson and Secretary/Treasurer, whose terms shall be until the next election. No official business shall be conducted until the officers’ positions are filled.
(11) 
Quorum and Voting. The quorum necessary for the Commissioners to hold a meeting shall be four Commissioners. In the event that the Chair-person or the Vice-Chairperson are both absent, the Commissioners in attendance shall designate another Commissioner to chair the meeting. A majority vote of those Commissioners in attendance, a quorum being present, shall be required for the passage of official action.
(12) 
Chairperson. The Chairperson shall:
(a) 
Preside over all the meetings of the Commissioners and general membership meetings.
(b) 
Call all meetings of the Commissioners and the general membership. In the event that the Chairperson and Vice-Chairperson are unavailable to call a special meeting, the Secretary/Treasurer then can call for a special meeting. Conference call negotiations are valid as long as there is a quorum on the call and minutes are kept.
(c) 
Sign all approved minutes of meetings over which he or she presides.
(d) 
Perform all duties of a presiding officer.
(13) 
Vice-Chairperson. In the absence or in the event of a disability of the Chairperson, the Vice-Chairperson shall serve in place of the Chairperson.
(14) 
Secretary/Treasurer.
(a) 
Keep minutes of all meetings and provide approved copies within 10 days to each Commissioner and the Board of Directors.
(b) 
Call for special meetings, call meetings to order in the absence of the Chairperson and Vice-Chairperson, and have the Commissioners select a Commissioner to chair the meeting.
(c) 
Call and notify the Commissioners of submittal of petitions from the fishermen general membership and ensure the presiding officer sets a specific date and time to address the contents therein.
(d) 
Serve as custodian of records of all property of accounts held by the Commission.
(e) 
Be held responsible for the integrity and completeness of all accounting.
(f) 
Receive and disburse all funds of the Commission. Disbursements require a completed task form for all tasks approved in a Commissioners’ meeting and signed by the Chairperson and the Secretary/Treasurer. All procedures for receiving and disbursing funds shall be between the Commission and the Board of Directors. All income and disbursements shall be reported into the minutes of the next regular meeting.
(g) 
Make a full oral or written report on the financial status of the Commissioners’ accounts to the Commission and to the Board of Directors when requested.
(h) 
Compile other such reports as required by the Tribal Board of Directors and Commission.
(15) 
Commissioners’ Meetings.
(a) 
The Commissioners will meet twice per month on the first and third Tuesday of each month at 5:00 p.m. at a location designated by the Commission. This day can change if the Commission so designates.
(b) 
Special meetings will require notice to the Commissioners by telephone or personal message. All efforts must be made to contact all Commissioners.
(c) 
Commissioners’ meetings will be open to the entire general membership, although only Commissioners may vote on matters which come before the Commission.
(d) 
The Commissioners will meet once every three months (February, May, August and November) on hunting the first Wednesday of the month at 5:30 p.m. at a location designated by the Commission. This day can change if the Commission so designates.
(Res. 2020-452)