Prior legislation: Ords. 12 and 59; Res. 1338-17.
This chapter shall be known as the Tulalip Forest Products Permit Ordinance and shall regulate forest product harvest and permit procedures on the Tulalip Indian Reservation to provide effective accountability and control.
(Ord. 101 § 1, 6-8-1999 (Res. 99-136))
The following terms shall have the meanings given them for purposes of this chapter unless a different meaning is specifically attached or the context clearly requires a different meaning:
(1) 
“Reservation”
shall mean the Tulalip Indian Reservation, Washington, as now or hereafter established.
(2) 
“Person”
shall mean any individual, firm, corporation, partnership, corporate group, association, joint venture, company, business, municipality or any group of individuals acting as a unit, whether mutual, cooperative, nonprofit or otherwise. The term applies to members as well as nonmembers of the Tulalip Indian Tribes.
(3) 
“Tribal member”
shall mean an officially enrolled member of the Tulalip Indian Tribes.
(4) 
“Permit”
shall mean a written document issued by the Tulalip Board of Directors granting a person the privilege to harvest forest products of the Tulalip Reservation in accordance with this chapter.
(5) 
“Harvest”
shall mean, without limitation, to cut, take, salvage, transport, convert, sell or other similar activity or appropriation of a forest product of the Reservation.
(6) 
“Tulalip Forestry”
shall mean the Tulalip Forestry Department or any employee or agent of the Tulalip Forestry Department.
(7) 
“Tulalip Natural Resources Enforcement Agent”
shall mean an authorized enforcement agent of the Tulalip Natural Resources Enforcement Department or any commissioned Tribal law enforcement officer.
(8) 
“Firewood”
shall mean all dead trees or logs, standing or down, excluding any felled or merchantable tree tagged by Tulalip Forestry or other representative of the Tribes as merchantable.
(9) 
“Cordwood”
shall mean downed cedar or spruce shake, shingle bolts or firewood for resale.
(10) 
“Forest product”
shall mean any tree, standing or down, dead or alive, or any part thereof; timber, timber products, including bolts, logs, and field wood; bark; Christmas trees; branches; boughs; firewood; cordwood; mushrooms, berries; mosses; roots; bulbs; and other marketable material derived from or removed from Tulalip Reservation forest lands. The term does not include forest products that originated off the Reservation and are subsequently brought on to the Reservation.
(11) 
“Reservation lands”
shall mean all lands within the Tulalip Indian Reservation.
(Ord. 101 § 2, 6-8-1999 (Res. 99-136))
It shall be unlawful and a violation of this chapter for any person to harvest forest products from Reservation lands without having a valid and current forest products permit issued by the Tulalip Tribes pursuant to this chapter in his/her immediate possession during all harvest, transport, and storage of forest products activities.
(Ord. 101 § 3, 6-8-1999 (Res. 99-136))
The following rules apply to all permits issued under this chapter. Failure to comply with the following rules shall be a violation of this chapter.
(1) 
Issuance of Permits. Tulalip Forestry is authorized to issue all permits under this chapter.
(2) 
Term of Permits. Permits issued pursuant to this chapter shall expire on the last day of the Tribes’ fiscal year in which the permit is issued.
(3) 
Harvest by Tribal Members. Harvest of Reservation forest products by Tribal members shall be allowed only by paid permit and/or free use permit issued pursuant to this chapter.
(4) 
Harvest by Nonmembers. Harvest of Reservation forest products by nonmembers shall be allowed only by special nonmember paid permit issued pursuant to this chapter.
(5) 
Appropriate Permit. All persons must obtain an appropriate permit in order to harvest forest products on the Tulalip Reservation.
(6) 
Permit Goals. Permits to harvest forest products on the Tulalip Reservation are issued as a service to meet the needs of Tribal members. Issuance of such permits must be consistent with sound law enforcement, silvicultural and economic principles that maintain and enhance productivity of the timber stand and the Reservation land base.
(7) 
Active Logging Units. Notwithstanding other required permits, Tribal permits shall be issued under this chapter for harvest of forest products from active logging units.
(8) 
Temporary Suspension. Permits are subject to temporary suspension due to road conditions, fire danger or other conditions, as determined in writing by Tulalip Forestry.
(9) 
Damage to Improvements. Damage shall be assessed against any person or permittee who causes damage to any improvements, seedlings or saplings, while harvesting forest products on the Reservation. Such damages and other sanctions or remedies may be assessed and enforced under the provisions of TTC § 8.15.070, Enforcement and remedies.
(10) 
Nonliability for Damages. Neither the Bureau of Indian Affairs nor the Tribes shall be liable for any act or omission or any damages caused by any person while harvesting forest products on the Reservation.
(11) 
Removal of Materials and Debris. Felled materials and debris shall be removed from all access roadways from a point six feet back of the upper back slope to the top of the fill or at least six feet from the edge of the road where no fill exists.
(12) 
Access Roads. No person shall block or in any way restrict or interfere with the free flow of traffic within any portion of any access road.
(13) 
Stream Course and Drainage Clearing. Any stream course, stream, ditch, or culvert within an area where permit activity occurs, whether containing water or not, must be cleared and cleaned under the direction of Tribal officers.
(14) 
Cutting of Saplings. Prior written authorization from Tulalip Forestry must be obtained before cutting any saplings that may hinder harvest or removal of forest products.
(15) 
Fire Rules. Any person who harvests forest products on the Reservation shall obey all fire rules promulgated by Tulalip Forestry or other applicable fire control authority.
(16) 
Scaling. When Tulalip Forestry regulations requiring scaling are in effect, all forest products taken pursuant to a paid member permit or other permit shall be scaled and branded prior to being sold or removed from the Reservation. No forest products harvested under a paid member permit or other permit when scaling regulations are in effect shall be removed from the Reservation without a scale ticket.
(17) 
Removal of Merchantable Material. Any person who begins harvesting of cordwood in any area of the Reservation pursuant to an appropriate cordwood permit must completely remove all merchantable material from the permit area before moving to a new area to begin any type of permit activity under this chapter.
(18) 
Harvest Fee. The harvest fee for forest products shall be determined from time to time by the Tulalip Tribal Board of Directors following recommendations of Tulalip Forestry.
(19) 
Cutting of forest products pursuant to the appropriate permit under this chapter is authorized only in the areas specifically designated on the permit. Cutting area designations may be amended by Tulalip Forestry during any permit year.
(Ord. 101 § 4, 6-8-1999 (Res. 99-136))
Permits described in this section are permits for which stumpage is collected by Tulalip Forestry for the Tulalip Board of Directors. There are two types of permits available: (1) paid member permit and (2) paid nonmember permit.
(1) 
Paid Member Permit. A paid member permit allows a Tribal member to harvest forest products for resale and/or removal from the Reservation.
The following rules apply:
(a) 
A paid member permit may be issued only to a member of the Tulalip Indian Tribes.
(b) 
Nonmembers may not accompany or assist members/permittees in harvest activities. A nonmember spouse may assist or accompany a paid member permit permittee in forest product harvest but must be accompanied by the member/permittee at all times.
(c) 
Live standing trees shall not be cut unless specifically allowed in the permit.
(d) 
Cutting of cedar snags is allowed only in a paid member permit harvest area. The term “snag” shall mean a standing tree that is completely dead with no green branches.
(e) 
Stumpage must be paid prior to cutting by a nonrefundable advance payment in an amount determined by Tulalip Forestry.
(f) 
It is the responsibility of a paid member permit permittee to see that all forest products are scaled and branded prior to being sold or removed from the Reservation.
(2) 
Maximum Harvest. The maximum quantity allowed to be harvested under a paid member permit in any one-year permit period shall be stated in the permit.
(3) 
Paid Nonmember Permit. A paid nonmember permit allows a nonmember to harvest forest products on the Tulalip Reservation based on the specific requirements of the permit. A paid nonmember permit is subject to all general and specifically applicable rules and requirements of this chapter. Firewood cut under paid nonmember permit shall not be removed from the Tulalip Indian Reservation.
(Ord. 101 § 5, 6-8-1999 (Res. 99-136))
(1) 
A free use member permit allows members and their spouses, as provided below, to harvest forest products for their personal household use on the Tulalip Indian Reservation without charge. A free use member permit is subject to all general and specifically applicable rules and requirements of this chapter.
The following rules apply:
(a) 
Forest products harvested under a free use member permit shall not be removed from the Tulalip Indian Reservation.
(b) 
Timber cut under a free use member permit shall be for the permittee’s personal household use only and shall not be sold, bartered, exchanged or otherwise given or transferred to any other person.
(c) 
Standing timber or snags shall not be cut or felled unless specifically allowed and stated in the permit and may be felled only in areas designated in writing by Tulalip Forestry and marked by Tulalip Forestry as wood lots.
(d) 
The estimated value which may be harvested in a fiscal year by any individual under the authority of 25 CFR Section 163.26(b) shall not exceed $5,000.
(2) 
Harvest by Nonmembers. Nonmember spouses of members of the Tulalip Indian Tribes may harvest firewood under a free use member permit pursuant to this section; provided, that such nonmember spouse is legally married to a member of the Tulalip Indian Tribes and is residing in the same household as the member spouse at the time of harvest.
(Ord. 101 § 6, 6-8-1999 (Res. 99-136); Res. 2009-224)
(1) 
Who May Enforce. The Tulalip Forestry Department is empowered by this chapter to regulate the use, cutting, and removal of forestry products on the Tulalip Reservation. The provisions of this chapter and the conditions or limitations of any permit issued pursuant to this chapter shall be enforced by any Tulalip or Bureau of Indian Affairs Forestry personnel assigned enforcement responsibilities by Tulalip Forestry or by any Tulalip Natural Resources Enforcement agent or by any Tribal law enforcement officer. Enforcement shall be by citation or complaint before the Tulalip Tribal Court. Any non-Indian charged with criminal trespass or harvesting of forest products of the Tulalip Indian Reservation shall be referred to the appropriate criminal court of competent jurisdiction for prosecution. Forest products, tools and vehicles may be seized and impounded as evidence.
(2) 
Sanctions.
(a) 
Harvesting Without a Permit. Any person who is determined to have violated any provision of this chapter by harvesting or otherwise appropriating forest products on the Tulalip Indian Reservation for commercial, personal, or other use without a valid permit shall be subject to all of the following sanctions:
(i) 
Confiscation of all forest products taken in violation of this chapter; and
(ii) 
Referral to an appropriate court for criminal action or to Tribal Court for a civil action on behalf of the Tribes for restitution and/or treble damages or other appropriate relief; and
(iii) 
Ineligibility for any forest product permit for a maximum of one year.
(b) 
Other Violations. Any person who is determined to have violated any other provision(s) of this chapter or any permit issued hereunder shall be subject to one or more of the following sanctions:
(i) 
Confiscation of all forest products taken in violation of this chapter or permit; or
(ii) 
Referral to an appropriate court for criminal action or to Tribal Court for civil action for restitution and/or treble damages or other appropriate relief; or
(iii) 
Ineligibility for any forest product permit for a maximum of one year.
(c) 
Criminal Citation or Complaint – Penalties. Criminal enforcement shall be by criminal citation or complaint before the Tulalip Tribal Court pursuant to the provisions of TTC Titles 2 and 3 (Law and Order Code). Violation of this chapter shall be a Class B offense pursuant to TTC Titles 2 and 3.
(d) 
Civil Enforcement. Civil enforcement shall be by civil citation or complaint before the Tulalip Tribal Court pursuant to the provisions of TTC Titles 2 and 3 (Law and Order Code).
(e) 
Treble Damages. Treble damages shall be calculated as follows: three times the greater of:
(i) 
The current appraised stumpage or other value of unlawfully harvested forest products, as determined by Tulalip Forestry; or
(ii) 
In the case of a violation involving an active timber sale, the contract stumpage rate in effect therein.
(f) 
Forfeiture. Property defined as contraband that is used or obtained in connection with any violation of this chapter shall be forfeited pursuant to Tribal law and the provisions of TTC Titles 2 and 3 (Law and Order Code).
(g) 
Exclusion. Any non-Tribal member who violates any provision of this chapter or is found to be in substantial violation of this chapter may be subject to exclusion pursuant to the provisions of Chapter 2.40 TTC, Exclusion.
(h) 
Damage to Improvements. If a permittee damages any road, culvert, ditch, fence, or other improvement in the permit area, or any other area while in the exercise of his/her permits or gaining ingress or egress to a permit area, the permittee shall repair such damage to its original condition to the satisfaction of Tulalip Forestry, or shall be assessed additional damages to cover the complete cost of restoration or repair.
(i) 
Remedies Not Exclusive. The remedies and procedures contained in this section shall not be deemed exclusive. The Tribes or any injured person may bring any such action in an appropriate court as may be allowed under Tribal or other applicable law against any person who commits any unlawful act while harvesting forest products on the Reservation.
(j) 
Rules and Procedures to Be Applied. Except as may be provided in this chapter, the rules of Court, civil and criminal procedures and appellate procedures of the Tulalip Tribal Court, as now or hereafter amended, shall apply in any proceeding in Tribal Court to enforce any provision of this chapter.
(Ord. 101 § 7, 6-8-1999 (Res. 99-136); Res. 2009-224)
(1) 
Repeal. Any code, ordinance, or regulation of the Tulalip Tribes which conflicts in any way with the provisions of this chapter or which deals with the subject matter covered in this chapter or is otherwise inconsistent with or contrary to the spirit or purpose of this chapter is hereby repealed.
(2) 
Destruction of Gates, Barriers or Lawful Postings. It shall be unlawful for any person to destroy, tear down, shoot at, deface or erase any gates, barriers or printed matter or signs placed or posted by and under the instructions of the Board relating to enforcement or the regulation of the harvest of forest products on the Reservation.
(3) 
Violations of Federal Law. The sanctions, fines and penalties under this chapter shall be cumulative and in addition to any sanctions, fines or penalties under Federal law. The provisions of this chapter and the jurisdiction of the Tribes shall be concurrent with Federal and other jurisdiction pursuant to applicable Federal laws and regulations.
(4) 
Regulations. Tulalip Forestry is authorized to issue regulations consistent with the provisions of this chapter. Violation of such regulations shall be a violation of this chapter as set out in TTC § 8.15.070.
(Ord. 101 § 8, 6-8-1999 (Res. 99-136); Res. 2009-224)