[Title
16B] Fishing Ordinance
ORDINANCE NO: 2-76 Amendment No. 2
DATE
APPROVED: May 28, 1986
SUBJECT:
FISHING ORDINANCE OF THE HOOPA VALLEY TRIBE
WHEREAS:
The Hoopa Valley Tribe did on June 20, 1972, adopt a Constitution and
Bylaws which was approved by the Commissioner of Indian Affairs on August
18, 1972, and Article IX, Section I (e) of this Constitution and Bylaws
authorizes the Hoopa Valley Business Council "to enforce the protection
of tribal property, wildlife and natural resources of the Hoopa Valley
Tribe in accordance with a conservation ordinance", and
WHEREAS:
Pursuant to Article IX, Section 1 (e) of the Constitution of the
Hoopa Tribe, the Hoopa Valley Business Council did enact Tribal Ordinance
No. 2-76, dated September 16,1976, entitled "Hoopa Netting Ordinance"
for the expressed purpose of conservation of the Hoopa Tribal fishery
resource and did amend said ordinance, September 23, 1985, and
WHEREAS:
The Hoopa Valley Business Council through it's organizational development
has implemented conservation programs through it's Tribal Fisheries
Department and law enforcement capabilities through the Tribal Law Enforcement
Services Division and therefore has demonstrated it's capability to
manage it's fisheries resources, and
NOW
THEREFORE BE IT RESOLVED: That the Hoopa Valley Tribe will exercise
it's control over fishing and related activities to the fullest extent
of Tribal jurisdiction in order to properly regulate, manage and protect
all of the Tribal fisheries resources pursuant to the provisions of
the following ordinance:
FISHING ORDINANCE OF THE HOOPA VALLEY TRIBE
ORDINANCE NO. 2-76 AMENDMENT NO. 2
Section 1. – Title
This Ordinance
shall be known as the "Hoopa Tribal Fishing Ordinance."
Section 2. – Findings and Purpose
(a) Under
the authority set out by the Fishing Ordinance of the Hoopa Valley
Tribe No. 2-76 section 11 (a) the Hoopa Valley Business Council hereby
adopts the following management regulations for the 1986 fishing season.
Fishing
shall be open for all species of anadromous fish for the period from
July 1, 1986 until December 1, 1986 for twenty-four (24) hours a day
seven (7) days each week except that the fishery will be closed between
the hours of 9: 00 a. m. and 5:00 p. m., on Monday of each week to
retrieve lost and abandoned fishing gear.
All other
parts of Ordinance 2-76 shall be in full force and effect.
Violations
of this regulation and of Ordinance 2-76 shall be subject to adjudication
in the Hoopa Tribal Court and penalties as set out in the Hoopa Tribal
Law and Order Code.
Fishing
before July 1, 1986 and after December 1, 1986 shall be open to all
species with any gear except as prohibited under Ordinance 2-76.
This
in season regulation is designed to maximize fishing opportunity to
members of the Hoopa Valley Tribe in accordance with the estimated
harvest of 5,600 adult fall chinook salmon for the 1986 fishing season.
This
regulation may be modified, as authorized under Section 11 (b) based
on best scientific available data for conservation concerns.
(b) Fishing
has always been central to the cultural and religious existence of
the Hoopa Valley Tribe and it's members. By this Ordinance and regulations
adopted under it, the Hoopa Valley Tribe will exercise control over
fishing and related activities to the fullest extent of Tribal jurisdiction
in order to properly regulate, manage and protect all of the fisheries
resources available to the Tribe and to insure their continued availability
to the Tribe and it's members. Nothing in this ordinance shall be
construed as a relinquishment, abrogation or abridgment of any rights
of the Hoopa Valley Tribe.
(c) Tribal
regulation is an internal affair of the Hoopa Valley Tribe, and is
a natural attribute of the Tribe's internal sovereignty.
(d) In
order to provide for increased Tribal control over the fisheries resource
on the Reservation, the Hoopa Valley Business Council adopts this
Fishing Ordinance pursuant to the powers vested in it by Article IX,
Section 1 (e) and 1 (k) of the Constitution and Bylaws of the Hoopa
Valley Tribe of the Hoopa Valley Indian Reservation, California.
(e) Any
and all provisions of the Code of Federal Regulations, Title 25, as
presently constituted or hereafter constituted which deal with the
subject covered herein or are otherwise inconsistent with or are in
conflict with the provisions of this Fishing Ordinance are declared
to be no longer applicable.
Section 3. – Relation to Other Tribal Laws
The Hoopa
Tribal Netting Ordinance, Ordinance Number 2-76, as approved on September
16, 1976, as reaffirmed by Ordinance Number 2-79 of July 20, 1979 are
hereby codified and incorporated herein. Further, any and all sections
and provisions which are in consistent with, or contrary to the spirit
and/ or purpose of this Amended Fishing Ordinance are hereby repealed.
Section 4. – Definitions
As used
in this ordinance, the following definitions shall apply unless the
contest clearly indicates otherwise:
(a) "Biological
Personnel" means well qualified experts in fishery science and
management who are on the Tribal staff and whose duties include advising
on the management and/or enhancement of the Tribal fishery.
(b) "Ceremonial
Fishing" is the taking of any fisheries resource for use in the
traditional Tribal ceremonies and/ or religious activities and is
protected under the American Indian Religious Freedom Act and is exclusive
of fishing for subsistence and commercial purposes.
(c) "Commercial
Fishing" is the taking of and fisheries resource with the expressed
intent to sell and profit economically.
(d) "Conservation"
means to the extent necessary to insure optimum spawning escapement
for the perpetuation of fish runs.
(e) "Depth
of Net" means the total distance between the cork line and the
lead line in meshes measured perpendicular to either the cork or lead
lines.
(f) "Drift
Net" is a net that is not anchored or staked on either end but
drifts free in the water.
(g) "Tribal
Member or Enrolled Member" means any person who is an officially
enrolled member of the Hoopa Valley Tribe.
(h) "Tribal
Enforcement Officer" means the person or persons charged with
the responsibility of enforcing this ordinance and the regulations
promulgated herein.
(i) "Fishing
Gear" means all types and sizes of hooks, nets, gaffs, lines,
traps, appliances, and other apparatus used to take fish.
(j) "Gill
Net" is a net of a single web construction bound at the top by
a float line and at the bottom by a weighted line.
(k) "Dip
Net" is a section of netting distended by a rigid frame operated
by a process commonly recognized as dipping. Such nets may be any
size.
(l) "Hook
and line" means a single line, attached to which are no more
that two (2) single-barbed hooks or a single treble barbed hook.
(m) "Non-Enrolled Person or Non-Member" means any person
who is not an enrolled member of the Hoopa Valley Tribe.
(n) "Stretched
Measure" means the distance between the inside of one knot to
the opposite (vertical) knot, one mesh. Measurement shall be taken
when the mesh is stretched vertically while wet, by using a tension
of ten (10) pounds on any three (3) consecutive meshes, then measuring
the middle mesh of the three (3) while under tension.
(o) "Subsistence
Fishing" is the taking of any fisheries resource for personal
consumption by Tribal Members and their families.
(p) "Tribal
Court" means a court established by the Hoopa Valley Business
Council to hear violations of this ordinance and any regulations promulgated
under it.
(q) "Snag
Gear or Snagging" means the use of a fishing pole, multiple hook
and weight to hook fish as they swim by. The use of a multiple hook
in conjunction with bait or lure shall not be considered snagging
provided the multiple hook is 1.0 inches or less between any two points.
(r) "Identification
Card" means a card issued by the Hoopa Valley Tribe to it's members
identifying the holder as an enrolled member of the Hoopa Valley Tribe.
(s) "Identification
Number" means a number assigned by the Hoopa Valley Tribe to
its members to be placed on his or her fishing gear.
(t) "Set
Net" means a gillnet which is staked or anchored to one (1) end
so that it does not drift down the river.
Section 5. – Jurisdiction
(a) Territory:
The provisions of this ordinance and all rules and regulations adopted
under it shall apply to the full extent of the sovereign jurisdiction
of the Hoopa Valley Tribe and shall apply in conformity with all agreements
entered into by the Hoopa Valley Tribe which are designed to provide
effective fisheries management on the Hoopa Valley Reservation as
defined by the Tribal Constitution.
(b) Persons:
The provisions of this ordinance and all rules and regulations adopted
under it shall apply to all persons who are regulated and/ or are
eligible to fish under this ordinance.
Section 6. – Eligible Fishermen
(a) Enrolled
Tribal Members: Members of the Hoopa Valley Tribe are eligible to
exercise Tribal Fishing rights on the "Square" portion of
the Hoopa Valley Indian Reservation provided such fishing activities
are in accordance with this fishing ordinance.
(b) Minors:
Enrolled members of the Hoopa Valley Tribe ages fifteen (15) years
or less may exercise Tribal fishing rights under this ordinance. Such
minors shall comply with the provisions of this ordinance and any
regulations adopted under it. Violations of this ordinance and any
regulations adopted under it shall be the responsibility of the minor
and the parent or guardian who permit a minor to violate this ordinance
shall be subject to the penalties provided by this ordinance.
(c) Nonmember
Fishermen: Any person fishing under regulations other than under this
ordinance shall be subject to the authority of the appropriate jurisdiction.
Section 7. – Tribal Biological Personnel
(a) Tribal
Biological Personnel: Biological personnel of the Hoopa Valley Tribe
may take and possess fish of any species for approved scientific,
management and/ or enhancement purposes by any means or gear suitable
for the purposes of the biological program. Tribal biological personnel
taking fish under the authority of this ordinance shall keep a cumulative
record of all fish taken and shall provide such for inspection upon
request by the Hoopa Valley Business Council. Fish taken by Tribal
biological personnel for biological purposes shall not be used for
their personal gain, but shall remain the property of the Hoopa Valley
Tribe to be distributed as they may decide.
Section 8. – Identification
(a) No
person who is eligible to fish under this ordinance shall exercise
any Tribal fishing rights or other activities unless he or she is
in possession of a valid current identification card as provided by
this ordinance or unless that person can, without doubt, prove he
or she is an enrolled member of the Hoopa Valley Tribe. All identification
cards shall be issued by the Hoopa Valley Business Council, or their
authorized representative and shall remain the property of the Hoopa
Valley Tribe.
(b) Any
person fishing within the boundaries of the Hoopa Valley "Square"
shall produce an identification card as required by this ordinance
upon demand of any authorized Tribal Law Enforcement Officer. Failure
to produce the required forms of identification or proof of enrollment
shall be probable cause to believe that such person is not authorized
to exercise fishing rights or privileges within the internal boundaries
of the "Square".
(c) The
Tribal issued identification cards shall state the name of the enrolled
member, the current address, signature of the enrolled member, enrollment
number of the individual and shall include a recent photograph of
the person.
Section 9. - Fishing Equipment and Other Gear
(a) It
shall be unlawful to exercise Tribal fishing rights with any gear
which has not been properly marked in accordance with the procedures
of this ordinance.
(b) Any
gillnets used in accordance with this ordinance or any regulations
adopted under it shall be marked with a number issued by the Hoopa
Valley Business Council. Gillnets shall be marked at the end closest
to the center of the river. Nets not so marked shall be removed from
the river or confiscated by any Tribal Law Enforcement Officer. Repeated
incidents of this section shall require confiscation and citation
from any Tribal Law Enforcement Officer and such net shall be impounded
pending decision from the Tribal Court.
(c) Gillnets
used on the "Square" shall not exceed 100 feet in length
and/or which blocks a distance of more than 1/3 of the river width.
(d) Fish
dams and weirs shall be allowed for the benefit of the Hoopa Valley
Tribe. Such weirs or dams will be allowed based on a permit process.
Applications for fish dams and weirs shall be presented to the Hoopa
Valley Business Council for consideration at any regular meeting.
The Hoopa Valley Business Council shall consult with Tribal Biological
personnel prior to the issuance of a permit.
(e) Eel
baskets and traps shall be permitted under this ordinance without
restriction. However the commercial sale of eels shall be prohibited
and subject to applicable penalties.
Section 10.- Prohibited and Restricted Fishing Gear
The following
shall be prohibited or restricted while exercising Tribal fishing rights
within the interior boundaries of the Hoopa Valley Indian Reservation
as defined herein. Penalties for violations of the section shall be
applied by the Tribal Court based on the severity and/or circumstances
of the violation:
(a) Commercial
sale of any fishery resource shall be prohibited.
(b) Sale
of any fishery resource to any elderly or incapacitated person who
cannot fish for themselves shall be prohibited. This section shall
not be construed as restricting or prohibiting the voluntary transfer
to any elderly or incapacitated person.
(c) The
taking of adult salmon from any tributary shall be prohibited.
(d) Theft
or destruction of another persons equipment shall be prohibited.
(e) Any
person who knowingly misappropriates the use of another persons identification
card or number shall be in violation of this ordinance.
(f) Taking
fish by means of snagging shall be prohibited.
(g) Gillnets
set within fifty (50) feet from any spawning tributary shall be prohibited.
(h) Placing
any net in any spawning tributary of the Trinity River shall be prohibited.
(i) Placing
any net within five-hundred (500) feet from the mouth of the Trinity
River shall be prohibited.
(j) Placing
wire, boards or any other items in the river which result in the blockage
of the river shall be prohibited.
(k) The
use of heavy equipment in the river and/or tributaries without prior
approval of the Hoopa Valley Business Council shall be prohibited.
(l) Placing
any net which extends more than 2/3 of the distance across the river
shall be prohibited.
(m) No
person shall use more than two (2) nets at one time with a combined
length or one-hundred (100) feet.
(n) The
use of explosives, stunning agents or caustic or lethal chemicals
of any form is prohibited in all fisheries.
Section 11.- Annual, Seasonal and Emergency Regulations
(a) The
Hoopa Valley Business Council shall make any annual, seasonal and/or
emergency regulations for the protection of the rights of the members
of the Hoopa Valley Tribe and for the protection of the fishery resource
of the Tribe.
(b) Emergency
regulations shall be considered and adopted at a duly called and convened
meeting of the Hoopa Valley Business Council and shall be based on
the condition of the fish runs and the fishery resource. Emergency
regulations shall take effect as the Hoopa Valley Business Council
deems necessary. Such emergency regulations shall be posted in conspicuous
areas of the reservation and shall be broadcast over the Tribal Radio
Station.
Section 12. - Appeals
(a) Appeals
under this ordinance and regulations adopted under this ordinance
shall be in accordance with the Appellate Review Procedure pursuant
to Resolution 83-147 of the Hoopa Valley Business Council.
Section 13. - Amendments
(a) Amendments
of this ordinance shall be by majority vote of the Hoopa Valley Business
Council in accordance with the Hoopa Valley Tribe's Constitution and
Bylaws.
Section 14. - Tribal Court
(a) Until
the Hoopa Valley Tribe implements a comprehensive court system, violations
under this ordinance shall be held before a Court of Elders.
(b) The
Court of Elders shall consist of three (3) elder members of the Hoopa
Valley Tribe and will be appointed by the Hoopa Valley Business Council.
The elders appointed to sit on the Court shall have knowledge in the
areas of traditional law and practices of the Hoopa Tribe.
(c) Penalties
for violations under the Hoopa Valley Tribe's Fishing Ordinance shall
be imposed by the Court based on traditional Tribal law and the levels
of the penalties will be based on the severity of the violations.
(d) Penalties
may include warnings, impoundment of fishing gear and/or suspension
from participation in fishing activities for a time specified by the
Court.
(e) In
no event, will the Court of Elders impose excessive penalties and/or
punishments which extend beyond the authority pursuant to Article
VIII, Section 1 of the Constitution and Bylaws of the Hoopa Valley
Tribe.
CERTIFICATION
I,
the undersigned, as Chairman or Vice-Chairman of the Hoopa Valley
Business Council do hereby certify that the Hoopa Valley Business
Council is composed of eight members of which 7 were present, constituting
a quorum, at a Special Meeting thereof; duly and specially called,
noticed, convened and held this 28th day of May 1986; and that this
resolution was adopted by a vote of 6 for with 0 against; and that
said resolution has not been rescinded or amended in any way.
DATED
THIS 28TH DAY OF MAY 1986.
___________________________________
WILFRED K. COLEGROVE, CHAIRMAN
HOOPA VALLEY BUSINESS COUNCIL
ATTEST:__________________________________________
DEIRDRE
R. YOUNG, EXECUTIVE SECRETARY
HOOPA
VALLEY BUSINESS COUNCIL
Back
to Top