This chapter shall be known as the Tulalip Tribal Hunting Ordinance. All references to the Fish and Wildlife Director in this chapter or Tribal hunting regulations shall mean the Director or Deputy Director of the Tulalip Fish and Wildlife Department.
(Ord. 67 § 1.01, 8-6-1988; Res. 2014-402; Res. 2016-181)
When consistent with conservation of the resource and Tribal management goals and requirements, hunting by duly enrolled members of the Tulalip Tribes, their nonmember spouses, and other lawful assistants may be allowed on the Tulalip Indian Reservation, on off-Reservation Tribal lands, and in all open and unclaimed areas, as provided in the Treaty of Point Elliott. Without waiving the full extent of its reserved aboriginal hunting rights, hunting areas shall be restricted in accordance with any management agreement approved by the Tulalip Board of Directors.
(Ord. 67 § 1.03, 8-6-1988; Res. 2014-402; Res. 2016-181)
The Fish and Wildlife Director, after consultation with the Board and the Hunting Commission, may issue regulations as necessary to implement this chapter, governing the time, place, manner and other matters respecting the exercise of Tribal hunting rights. The regulations shall be consistent with any Board-approved management agreement. Such regulations shall be available for public inspection at the governmental offices of the Tulalip Tribes during normal working hours. The Fish and Wildlife Director shall forward copies of regulations to interested public agencies, such as the Washington Department of Fish and Wildlife, within such time periods as may be required by Court order or agreed to by the Tribes. Regulations issued under this section shall contain a statement of their effective date. Except for emergency regulations, which may be issued upon 24 hours’ notice, regulations shall become effective 30 days after they are promulgated. The primary consideration in adopting regulations pursuant to this chapter shall be the conservation of the game resource.
(Ord. 67 § 1.04, 8-6-1988; Res. 2014-402; Res. 2016-181; Res. 2020-106)
(1) 
The Board of Directors of the Tulalip Tribes hereby establishes a Hunting Commission to over-see the management of the resource. The Board of Directors will continue to hold the ultimate responsibility and authority for Tribal hunting activities.
(2) 
Purpose. The purpose and responsibilities of the Hunting Commission include the following:
(a) 
Develop and/or recommend any changes to the hunting rules and regulations, the setting of hunting seasons, and changes in penalties to the Board of Directors.
(b) 
Consider Tribal hunting matters and game conservation issues.
(c) 
Communicate with the Board and membership to help ensure actions taken are responsive to the concerns of the hunters/membership and are in the best interest of Tulalip Tribes.
(d) 
To represent the Tulalip Tribes, when specifically asked to do so by the Tulalip Board of Directors, in intertribal, Federal, State and international meetings and other relevant forums regarding hunting issues.
(3) 
Qualifications, Term and Appointment of the Board of Commissioners. The Legal Department shall conduct the criminal background check(s) on all candidates and shall forward the results to Elections staff. Eligible applicants for appointment will be reviewed by the Board of Directors for final approval. The Commissioners are subject to Chapter 1.15 TTC, Code of Ethics for Tulalip Tribal Commissioners, and other applicable policy or law.
(a) 
Qualifications. The Hunting Commission shall be composed of five members. Each member shall:
(i) 
Be an enrolled member of the Tulalip Tribes and an active hunter.
(ii) 
Be 18 years of age or older.
(iii) 
Not have been convicted of a felony offense or a class E or F offense under the Tulalip Tribal Code.
(iv) 
Have had at least one year elapse since fulfilling all of his or her obligations from a hunting violation citation or conviction (if applicable).
(b) 
Appointment. The Board of Directors shall initially appoint the first five Commission members based on a review of the list of interested applicants who meet the eligibility qualifications as stated above. After that, the voting membership of the Tulalip Tribes shall elect Commissioners.
(c) 
Term. Appointments shall serve three positions for three-year terms and two positions for two-year terms.
(d) 
Vacancies. A position on the Hunting Commission shall be deemed vacant under the following conditions:
(i) 
A Commissioner dies.
(ii) 
A Commissioner resigns.
(iii) 
A Commissioner’s term expires.
(e) 
Removal. A Commissioner may be removed and/or a position may be declared vacant by a majority vote from the other members of the Hunting Commission 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.
(iii) 
The Commissioner violates a hunting regulation of the Tulalip Tribes.
(f) 
Filling Vacancies. In the event of a vacancy by reason other than expiration of a fixed term, the Board of Directors, by appointment, shall fill such vacancy for the unexpired portion of the term. The Hunting Commission may forward names to the Board of Directors for their consideration in filling the vacancy.
(4) 
Tulalip Hunting Commission Officers. The Commissioners shall hold their first official meeting within 30 days after they are notified of being appointed. At that meeting, they will nominate and elect a Chairperson, Vice-Chairperson and Secretary/Treasurer whose terms shall be until the next election.
(5) 
Quorum and Voting. The quorum necessary for the Commissioners to hold a meeting shall be three Commissioners. In the event the Chairperson and 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 passage of official action.
(6) 
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 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 so 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.
(7) 
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.
(8) 
Secretary/Treasurer. The Secretary/Treasurer shall:
(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) 
Notify the Commissioners of submittal of petitions/complaints/requests for discussion from the Hunting Commission general membership to ensure the presiding officer sets a specific date and time to address the contents therein, if warranted.
(d) 
Serve as custodian of records of all property of accounts held by the Commission.
(e) 
Be 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 the 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 and to the Board of Directors when requested.
(h) 
Compile other such reports as required by the Board of Directors and Hunting Commission.
(Ord. 67 § 1.05, 8-6-1988; Res. 2014-402; Res. 2016-181; Res. 2020-106)
(1) 
“Big game” which may be hunted includes deer, bear, elk, and mountain goat.
(2) 
Seasons are closed to the hunting of big game unless opened by regulation. Tribal hunting rights as to big game may not be exercised during closed season, except pursuant to a special subsistence or ceremonial permit issued under TTC § 8.10.100.
(3) 
The number and type of big game animals allowed to be taken shall be set forth in the regulation opening the season.
(Ord. 67 § 1.06, 8-6-1988; Res. 2014-402; Res. 2016-181)
(1) 
Game birds may also be hunted, as provided by regulation, and consistent with applicable Federal law.
(2) 
Hunting during the open game bird season may only take place when and as provided for by regulation, except pursuant to a special or ceremonial permit issued under TTC § 8.10.100.
(3) 
The number and type of game birds allowed to be taken shall be set forth in the regulations.
(Ord. 67 § 1.07, 8-6-1988; Res. 2014-402; Res. 2016-181)
(1) 
Taking Prohibited. It is prohibited to harass, kill, harvest, or take any marine mammal except as otherwise provided by this chapter, Chapter 8.05 TTC, Tulalip Tribal regulation, or Federal law. The harvest season is closed unless otherwise opened by Tribal or Federal law.
(2) 
Deterring Harm to Tribal Treaty Fisheries. All incidental take of marine mammals authorized under Tribal law for protection of treaty fishing gear and catch is addressed in the Tulalip Fishing Ordinance, Chapter 8.05 TTC.
(3) 
Self-Defense. Nothing herein shall prohibit the taking, killing, or injury of a marine mammal if such taking, killing, or injury is imminently necessary in self-defense or to save the life of a person in immediate danger.
(4) 
Commercial Harvest. Except as permitted by this chapter or annual regulations, or by Federal law, the intentional lethal taking of any marine mammal for commercial purposes is prohibited. Any permitted commercial harvest of marine mammals shall include a plan for monitoring and reporting of the Tribal harvest and shall be consistent with conservation needs of the resource. Tribal harvesters shall be required to comply with harvest reporting requirements contained in this chapter or annual regulations.
(5) 
Ceremonial and Subsistence Harvest. Marine mammals may be harvested for ceremonial and subsistence purposes only if specifically opened through regulation promulgated by the Tulalip Fish and Wildlife Department. If so opened, no marine mammal shall be harvested except by a permit duly issued by the Tulalip Fish and Wildlife Department. Such permit shall authorize the taking only of the specific species listed and shall be deemed revoked automatically when the total number of animals harvested has met the total season limit as determined in annual regulations, or if the season is otherwise closed or suspended by emergency or other action of the Fish and Wildlife Department or the Tulalip Board of Directors.
(Ord. 67 § 1.08, 8-6-1988; Res. 95-0085; Res. 2014-402; Res. 2016-181)