Any person subject to the criminal jurisdiction of the Tulalip Tribes who has been convicted by the Tribal Court of violating any provision of this chapter or any regulation adopted hereunder shall be sentenced to the penalties provided in this chapter, subject to any limitation or restriction of 25 U.S.C. 1302.
(Ord. 67 § 5.01, 8-6-1988; Res. 2014-402; Res. 2016-181)
Penalties for first, second and third violations of any one offense are set forth in the penalty schedule below.
Penalty Schedule
Section
First Violation
Second Violation
Third Violation (Bail Not Forfeitable)
TTC § 8.10.080 – Nonfisheries take of marine mammal without permit
$500.00
$1,000
$1,500
TTC § 8.10.130 – No valid permit
Up to $500.00 max.
$1,000
$1,500
TTC § 8.10.140 – Exceeding bag limits. Violations will be per animal for big game.
Up to $500.00 plus forfeit game
$500.00 plus forfeit game plus no renewal of permit for 30 days
$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.150 – Unauthorized hunting/possession of game taken in closed season
Up to $500.00 plus forfeit game
$1,000 plus forfeit game plus no renewal of permit for 30 days
$1,500 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.155 – Allowing unauthorized non-Tribal hunter to utilize big game tag, including non-Tribal/Tulalip spouse
Up to $1,000 plus loss of firearm, forfeit of game, and loss of hunting privileges for 2 years
Up to $2,000 plus loss of firearm, forfeit of game, and loss of hunting privileges for 3 years
Up to $3,000 plus loss of firearm, forfeit of game, and loss of hunting privileges for 4 years
TTC § 8.10.160 – Unauthorized hunting in closed area (mandatory appearance)
Up to $500.00 plus forfeit game
$1,000 plus forfeit game plus no renewal of permit for 30 days
$1,500 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.170 – Weapon violation
Up to $500.00 max.
$500.00
$500.00
TTC § 8.10.180 – Prohibited spotlighting
Up to $500.00 max.
$1,000
$1,500
TTC § 8.10.190 – Hunting from aircraft
Up to $500.00 max.
$1,000
$1,500
TTC § 8.10.200 – Loaded weapon in vehicle with the exception of a lawfully permitted concealed weapon
Up to $500.00 plus forfeit game
$500.00 plus forfeit game plus no renewal of permit for 30 days
$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.210 – Hunting while intoxicated (mandatory appearance)
Up to $500.00 plus forfeit game
$500.00 plus forfeit game plus no renewal of permit for 30 days
$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.220 – Sale of wild game (mandatory appearance)
Up to $500.00 plus forfeit game
$500.00 plus forfeit game plus no renewal of permit for 30 days
$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.230 – Wasting game
Up to $500.00 max.
$1,000
$1,500
TTC § 8.10.240 – Failing to submit tag or other required report (mandatory appearance)
Up to $500.00 plus forfeit game
$500.00 plus forfeit game plus no renewal of permit for 30 days
$500.00 plus forfeit game plus loss of hunting privileges for 1 year
TTC § 8.10.250 – Obstructing officer (mandatory appearance)
Class D, up to $500.00 plus forfeit game
Class D plus no renewal of permit for 30 days
Class D plus loss of hunting privileges for 1 year
TTC § 8.10.260 – Other violations
Up to $500.00 max.
$1,000
$1,500
(Ord. 67 §§ 5.02, 5.03, 8-6-1988; Res. 2014-402; Res. 2016-181)
When the Court suspends a defendant from hunting for a certain number of days, the Court shall count only those days open for Tulalip treaty hunting for the particular season or special hunt in which the defendant hunted when cited. Suspension for one year means suspension from participating in any Tulalip treaty hunting for one calendar year.
(Ord. 67 § 5.05, 8-6-1988; Res. 2014-402; Res. 2016-181)
Descriptions of offenses listed in the penalty schedule are merely references to the actual laws. Refer to this chapter for wording of the laws.
(Ord. 67 § 5.06, 8-6-1988; Res. 2014-402; Res. 2016-181)
All penalties in the penalty schedule are mandatory. The Tribal Court has no authority to suspend or reduce any penalty listed.
(Ord. 67 § 5.07, 8-6-1988; Res. 2014-402; Res. 2016-181)
The Court may allow a defendant to pay a fine in installments over a reasonable period of time.
(Ord. 67 § 5.08, 8-6-1988; Res. 2014-402; Res. 2016-181)
The 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, or the current Tulalip Tribal government minimum wage, whichever is greater.
(Ord. 67 § 5.09, 8-6-1988; Res. 2014-402; Res. 2016-181)
The Court may order a defendant to pay Court costs in addition to any penalty ordered.
(Ord. 67 § 5.10, 8-6-1988; Res. 2014-402; Res. 2016-181)
Convictions under this chapter which occurred prior to adoption of the ordinance codified in this chapter by the Board of Directors shall not be considered in determining the number of violations (first, second, third) under TTC § 8.10.320, nor for determining the penalties for subsequent violations of this chapter under TTC § 8.10.420. After adoption, violation shall accumulate for sentencing purposes. A “clean record” shall be restored as to any one violation, provided one year has elapsed from the date the defendant forfeits bail or fulfills all obligations of his or her sentence.
(Ord. 67 § 5.12, 8-6-1988; Res. 2014-402; Res. 2016-181)
Any person who is convicted by the Tribal Court of violating the same section of this chapter more than once shall be sentenced in conformity with TTC § 8.10.320. For second and subsequent violations of this chapter in which a different violation has been committed, the Court shall impose a sentence as follows:
(1) 
The Court shall impose the mandatory minimum penalty established under the penalty schedule, and the Court shall impose one or more of the following penalties:
(a) 
Community service for the benefit of the Tribes;
(b) 
Forfeiture of all property, including game seized pursuant to a lawful arrest or issuance of a citation;
(c) 
Suspension or revocation of some or all privileges and/or licenses or permits granted by the Tribes;
(d) 
In extreme cases, such as injuring an officer in the course of obstructing enforcement and violation of a conservation closure, imprisonment for a period of time not to exceed six months.
(2) 
When considering the propriety of the sentence to be imposed under this section, the Tribal Court shall specifically consider, among other things, the following:
(a) 
Whether or not the offense involved a conservation threat to the game resource; and
(b) 
The nature of prior Tribal hunting convictions under this chapter. 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.
(Ord. 67 § 5.13, 8-6-1988; Res. 2014-402; Res. 2016-181)
The civil penalty which may be imposed for a violation of any section of this chapter shall be a fine of at least $250.00 but not to exceed $3,000 and/or forfeiture of the right to assist in the exercise of Tulalip Tribes Tribal hunting rights for a period of up to one year, for each animal illegally taken and/or each other separate violation of this chapter.
(Ord. 67 § 5.14, 8-6-1988; Res. 2014-402; Res. 2016-181)