Resolution No. 182-86

Resolution: Adoption of the Fishing, Wildlife, and Gathering Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon.

WHEREAS, the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon has authority to adopt all Tribal Ordinances pursuant to Article III, Section I of the Constitution of the Confederated Tribes of the Grand Ronde Community of Oregon; and

WHEREAS, the Tribal Council has entered into an agreement with the State of Oregon regarding tribal fishing, wildlife, and gathering rights and regulation; and

WHEREAS, the Tribal Council must regulate aspects of tribal fishing, hunting, and gathering under said agreement; and

WHEREAS, the Tribal Council has identified a need to provide guidance to the Tribal Government and tribal members by adopting a Tribal Ordinance regarding fishing, wildlife, and animal gathering; and

WHEREAS, the Ordinance Committee has produced a draft Fishing, Hunting, and Gathering Ordinance that the Tribal Council has throughly reviewed and revised;

THEREFORE BE IT RESOLVED that the Fishing, Hunting, and Gathering Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon is hereby adopted.

CERTIFICATION: The foregoing Resolution is adopted by the Tribal Council, with the required quorum, by a vote of 6 for, 0 against and 0 abstaining, this 22nd day of December , 1986.



_________________________
Tribal Chairperson




_________________________
Tribal Secretary



January 13, 1987
Date

(a) Authority And Purpose: The purpose of this ordinance is to provide for regulation of the exercise of hunting, fishing, and gathering rights of the Confederated Tribes of the Grand Ronde Community of Oregon.

(b) State Laws to Apply: Tribal members exercising their right to fish or hunt shall be subject to applicable Oregon State law, as provided in the Agreement. Tribal members are also subject to State law governing trespass or trapping.

(c) Definitions:

1. "Agreement" means the "Agreement among the State of Oregon, the United States of America and the Confederated Tribes of the Grand Ronde Community of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Animal Gathering Rights of the Confederated Tribes of Grand Ronde" as declared and set forth in the final judgement and decree of the United States District Court for the district of Oregon in an action entitled Confederated Tribes of Grand Ronde Community of Oregon v. State of Oregon, Civil No. 86-1620-BU, 1986.

2. "Committee" means the Fish and Wildlife Committee established pursuant to the provisions of this Ordinance.

3. "Fish and Wildlife Department" or "F/W Department" means the tribal program established to regulate tribal fishing, hunting and gathering activities as described under this ordinance.

4. "Subsistence fish supply" means fish acquired by the Tribe according to the provisions set forth on pages 7-8 of the Agreement.

5. "State" means the State of Oregon.

6. "Tribal Council" or "Council" means the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon.

7. "Tribal fishing" means exercising tribal fishing rights as set forth on pages 6-8 of the Agreement.

8. "Tribal gathering" means exercising tribal gathering rights as set forth on pages 11-12 of the Agreement.

9. "Tribal hunting" means exercising tribal hunting rights as set forth on pages 8-11 of the Agreement.

10. "Tribal hunting and fishing area" means the area having the following description:
Beginning at McMinnville; southwest on State Highway 18 to Salmon River, west along Salmon River to Pacific Ocean; north along Pacific Ocean coastline to the south shoreline at mouth of Tillamook Bay; east along Wilson River to State Highway 6 at Lee's Camp; northeast on State Highway 6 to State Highway 8 near Gales Creek; southeast on State Highway 8 to State Highway 47 at Forest Grove; south on State Highway 47 to Mc Minnville, point of beginning. For purposes of fishing and animal gathering this area includes the Salmon River and its estuary to the Pacific Ocean, and the Wilson River to Tillamook Bay.

11. "Tribal member" means an enrolled member of the Confederated Tribes of the Grand Ronde Community of Oregon.

12. "Tribe" means the Confederated Tribes of the Grand Ronde Community of Oregon.

13. "Elder" means any tribal member aged 55 years or older.

14. "Disabled" means any tribal member eligible to hunt who is temporarily or per manently disabled. Temporary disabilities must be verified by a notice from the tribal members doctor and received by the Fish and Wildlife Committee prior to hunting season.

(d) Policy: The fish and wildlife policy of the Confederated Tribes of the Grand Ronde Community of Oregon shall be to:

1. Regulate tribal hunting, fishing and gathering rights in accordance with the Agreement between State and Tribe.

2. Provide adequate food reserves for tribal purposes, including but not limited to, the annual pow wow, restoration celebration, and elders as determined by the Council.

3. Ensure opportunities for tribal member families to provide for themselves by exercising tribal hunting, fishing, and gathering rights, consistent with this Ordinance and adopted rules and regulations.

4. Ensure the distribution of tribal subsistence fish for the benefit of the tribal membership.

5. Work to improve fish and wildlife habitat in the local area for the benefit of all in cooperation with state and other tribal, state and federal agencies.

(e) Fish And WildlifeCommittee: The Council hereby establishes a Fish and Wildlife Committee. The Committee shall be regulated by this Ordinance, General Committee Ordinance and other regulatory Ordinances of the Tribe.

1. In addition to the General Committee Ordinance rules regarding qualifications for committee membership, the following shall apply:

(A) All committee members shall be knowledgeable of tribal and state laws and regulations affecting hunting, fishing and gathering rights.

(B) All committee members shall be knowledgeable of the tribal hunting and fishing area.

(C) No committee member shall have been found guilty or have pleaded guilty to a federal, state or tribal hunting, fishing or gathering violation within two years prior to appointment to the Committee

2. Duties of the Committee

(A) The Fish and Wildlife Committee shall act in an advisory capacity to the Council regarding fishing and hunting issues impacting the Tribe:

(B) To assist in short and long-term planning for Fish and Wildlife Program development, focus, emphasis and direction.

(C) To recommend hunting, fishing and gathering policies and procedures for Council approval.

(D) To review and consider appeals of hunting and fishing violations.

(E) To carry out the duties specified under this and the General Committee Ordinance for the Tribe.

(F) To annually review this Ordinance and recommend changes to the Council.

(f) Licenses: The license shall be a permanent identification card, including the appropriate information and showing that the member is an approved licensee for tribal hunting, fishing and gathering rights. Such licenses shall be available to all eligible tribal members in good standing.

1. Requirements: Tribal members wishing to exercise hunting, fishing, and gathering rights must obtain a current tribal license. The tribal member must have the license in their possession and the appropriate tag required by State and tribal law. When requested, the license must be presented to any State law enforcement officer.

2. Issuance. Any tribal member 12 years and above must obtain a tribal license, and indicate by signing the statement that they will comply with all provisions of this Ordi nance.

3. Contents. The license shall show the member's name, photograph, enrollment number, and any other information required by the Committee, subject to approval by the Council.

(g) State Rights Unaffected: Nothing in this Ordinance shall limit or affect a tribal members right to obtain a state hunting, fishing, or combination hunting and fishing license and appropriate tags if they choose to do so.

(h) No Commercial Use: No animals taken or acquired under this Ordinance shall be used for commercial purposes.

(i) General: Fishing shall be subject to applicable State laws, except that a valid tribal license issued pursuant to this Ordinance may be used in lieu of a State fishing license. Fishing while using only a tribal license may take place only within the boundaries of the tribe's hunting and fishing area, including the ocean; provided the member remains on land while fishing.

(j) Season: The season for tribal fishing shall be the same as that prescribed for all citizens in the tribal hunting and fishing area. The F/W Department shall make copies of the state fishing and hunting regulations available.

(k) Hours/gear: Tribal fishing shall occur during the same hours as those set by the State, except in those instances where fishing at night is permitted. Tribal fishing gear shall be subject to the same regulations as required by the State.

(l) Taking Of Specially Treated Game Fish: Tribal members may purchase salmon, steelhead and sturgeon tags to be used with their tribal licenses.

(m) Subsistence Salmon Supply: The tribe has the right to receive up to 4,000 pounds annually of surplus salmon carcasses from the State of Oregon. The F/W Department shall, at its option, participate in the final selection of the fish, after the State has determined which are available for the tribes.

1. Pickup/storage. The F/W Department is responsible for the pickup and storage of salmon carcasses. F/W staff shall obtain fish at the location designated by the State and distribute the subsistence fish to tribal members.

(n) Deer/elk And Bear Tags: Each year the State of Oregon shall issue 395 deer and elk tags (not to exceed 45 elk tags) and 5 bear tags to the tribe for tribal hunting.

(o) Cultural Hunting: Tribal members wishing to hunt must possess a permanent tribal license, and appropriate deer, elk or bear tag.

(p) Season: Tribal hunting seasons shall be as those set by the State.

(q) Controlled Hunts: The F/W Department shall obtain controlled hunt permits for up to 10% of the total controlled tags authorized for all citizens for said hunt. The F/W Department shall distribute any tags by means of a drawing to be held at the time and location specified by the F/W Department. Permits Issued for controlled hunts shall be valid only when used with an unused tribal tag.

(r) Tags: The F/W Department shall issue the tags as follows, and may devise any forms, information sheets, record systems, or other documents necessary.

1. The tags shall be issued as follows:

(A) Five deer, one elk and one bear tags shall be reserved for cultural gather ings approved by the Council. The tags shall be offered to any licensed tribal members wishing to hunt for the tribe. All game taken under this section shall be reported to the F/W Department as required below.

(B) The remainder of the deer tags shall be issued on a first-come, first-served basis.

(C) The remaining elk tags shall be issued to licensed tribal members who register for a drawing to be conducted by the F/W Department. The first 2/3 of the tags shall be issued to people whose names are drawn for State's first elk season; the remaining 1/3 of the tags and the unused tags shall be issued to the members whose names are drawn for the State's second season.

(D) The remaining bear tags shall be issued to licensed tribal members who register for the drawing to be conducted by the F/W Department.

2. Transferability. Only Tribal elders or members who are considered disabled may transfer a tag. The tag can only be transferred to another licensed, enrolled member. The elder or disabled member is still responsible for returning the hunter report card.

3. Reporting. When a deer, elk or bear is taken with a tribal tag, the tag shall be promptly attached to the animal. The information listed on the tag shall be reported to the F/W Department within 10 days of the last day of the hunt.

4. Return Of Unused Tags Any unused tag must be returned to the F/W Department for reissuance to another licensee.

5. Records The F/W Department shall maintain accurate records of all tags issued and returned and the number of animals taken.

6. Eligibility. Hunting tags shall not be issued to any member between the ages of 12 and 18 unless they possess a safety certificate approved by the F/W Department, and they must have the certificate in their possession while hunting.

(s) Gathering: Tribal members may gather eels (lampreys) and fresh water mussels within the tribal hunting and fishing area for non-commercial uses subject to the State's right to regulate gathering for conservation purposes.

1. Gathering of sea anemones, rock oysters (piddocks), crawfish, clams and saltwater mussels within, or in the ocean adjacent to the tribe's designated hunting and fishing area, shall be subject to applicable State laws, except that upon request of the tribe, the State may issue special gathering permits which will provide tribal members an opportunity to gather these animals for ceremonial and subsistence purposes. A valid tribal license may be used in lieu of any personal use state license that may be required for these species.

2. It is traditional and customary for gathering by tribal members to take place at night as well as during the day and nothing in this Ordinance shall be construed to limit gathering hours in any way.

3. The Committee is authorized to delegate responsibility for issuing gathering permits to the Natural Resources Division.

(t) Violations: Failure to comply with State and/or Tribal law shall be considered a violation. Any tribal member or staff member aware of a violation shall report the violation to the F/W Department. The report shall be in detail and include a list of witnesses if applicable. The report shall be signed by the tribal member making the report.

(u) Suspension Or Revocation: If the F/W Department finds that a tribal member has committed a violation, it shall suspend or permanently revoke the member's hunting, fishing and/or gathering privileges. The Fish and Wildlife Committee shall consider, all pertinent facts in determining the severity of the penalty.

(v) Notice Of Violations: The F/W Department shall notify the tribal member of any reported violation. The notice shall be in writing and shall include the penalty to be imposed including the specific dates the penalty is to be applied; that the penalty may be appealed to the Committee with the date, time and place of the Committee's next meeting (At that time, the tribal member may present evidence related to the violation).
The notice shall be sent by certified mail to the members last known address. If the notice is not accepted within 10 working days, the F/W Department shall send a second notice by certi fied mail. The second notice shall state, in addition to the information in the first notice, that this is the final notice and that the F/W Department shall proceed with imposing the penalty.

(w) Appeals: Appeals shall be conducted in accordance with procedures set out in the rules and regulations developed by the Committee. Said rules shall include the following:

1. Tribal members may appeal decisions imposed by the F/W Department to the Committee. The appeal shall be dismissed if not filed with the Committee within 10 days of the member's receipt of the first notice, or within 10 days of the mailing date of the "final notice". If the appeal is dismissed because the tribal member failed to respond timely to the final notice, the member shall have no further right to appeal.

2. The Committee shall consider all facts including the nature of the violation and evidence received, and shall make a decision. The F/W Department shall notify the tribal member of the decision in writing within 14 days of the date the appeal was heard by the Committee.

3. Tribal members who disagree with the decision of the Committee may appeal to the Tribal Court only on the grounds that the decision is a violation of the Tribal Constitu tion or their Civil Rights. The appeal to the Court must be filed in writing on or before the 14th day after the tribal member receives the written decision of the Committee. The Court shall review, on the record, the decision of the Committee. A decision by the Court shall be final and no further appeal may be made.

(x) Pardons: Tribal members may petition the Court for a pardon three years after the date privileges were revoked. The Court may grant a pardon if:

1. The Tribal member has not violated any Tribal, Federal or State law or regulation concerning hunting, fishing, or gathering.

2. The F/W Department may petition the Court to revoke a pardon within one year if the Department discovers information that indicates that one or more of the material facts presented in support of the request for pardon were false, provided the FfW Department had no prior knowledge of the new evidence or no reasonable means of access to such information.

3. The Court may revoke the pardon, if the Commiittee demonstrates by clear and convincing evidence that any of the material facts presented in support of the request for pardon were false. A "material fact" is a fact that was necessary to prove one or more of the elements for the Court to grant a pardon.

(y) Effective Date: This Ordinance is effective from the date of the approval by the Court of the consent decree in Confederated Tribes Of Grand Ronde Community Of Oregon V. State Of Oregon, civil no. 86-1620-BU.

(z) Severability: If a court of competent jurisdiction finds any provision of this Ordinance to be invalid or illegal under applicable federal, or tribal law, such provision shall be severed from this ordinance and the remainder of the ordinance shall remain in full force and effect.

(aa) Repeal Of Previous Ordinance: This Ordinance replaces a Tribal Fish, Wildlife, and Gathering Ordinance and said ordinance is hereby repealed.

I hereby certify this to be a true copy of the Confederated Tribes of the Grand Ronde Community of Oregon Fish and Wildlife Ordinance.



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Tribal Council Secretary