This Chapter shall be known as the Colville Tribal Hunting and Fishing Chapter of this Code.

It is the policy of the Confederated Tribes of the Colville Reservation (Confederated Tribes, Colville Tribes, Tribes) to restore, preserve, protect and perpetuate the fish and game resources (wildlife) on the Colville Indian Reservation, the North Half, and off the Colville Reservation to the extent that wildlife passes through or would pass through the usual and accustomed fishing grounds and stations, hunting areas, or aboriginal lands of the Tribes.

(a) Pursuant to the power vested in it by Article V of the Constitution of the Confederated Tribes of the Colville Reservation, the Business Council of the Tribes recognizes the spiritual, cultural, and economic value of the wildlife and recreation resources of the Colville Reservation and on the North Half and within the aboriginal territory of the Colville Confederated Tribes; that these resources are an irreplaceable tribal asset; that unregulated use of the wildlife and recreation resources of the Tribes would threaten the political integrity, economic security, and health and welfare of the Tribes; it is the duty of the Tribes to regulate, manage and properly harvest wildlife resources located within the aboriginal territory of the Tribes and hereby enacts this Fish, Wildlife and Recreation Chapter to ensure proper and support management of these vital resources.

(b) The Colville Tribal people alone have the absolute, inherent, retained sovereign right to use and enjoy the Colville Reservation and the resources located thereon. In regulating wildlife and recreation resources of the Reservation, the Business Council intends that tribal members shall be afforded the greatest possible freedom to use and enjoy these resources consistent with the preservation and improvement of these resources for future generations. All wildlife found on the Reservation, whether resident or migratory or introduced, is the property of the membership of the Colville Tribes and shall be regulated by the Tribes, and may be taken only at such times, in such places, and in such a manner as provided by tribal law.

(c) Of secondary importance is the policy of permitting the limited use of the wildlife and recreation resources of the Reservation by non-members for the economic benefit of the Tribes as a whole, and for the promotion of intercultural education and good will.

(d) The Tribes has a special duty to manage the wildlife resources located off the Reservation, and on the North Half of the Colville Reservation in order to ensure that tribal members have a fair and equitable opportunity to harvest wildlife there available, ensure the proper conservation of wildlife located off the Reservation and to work for the mitigation and enhancement of the resources available so to guarantee that wildlife will be available into the future.

This Chapter and all regulations adopted under this Chapter shall apply to all persons who hunt, fish, engage in recreational activities or engage in any activity related to hunting or fishing or recreational pursuits on the Colville Indian Reservation, to members hunting and fishing on the North Half, and to members who hunt or fish off-Reservation pursuant to rights held by the Confederated Tribes of the Colville Reservation to the full extent of the Colville Tribes' authority and jurisdiction.

(a) Except as otherwise provided by this Chapter, the Colville Tribes, through its Business Council, Tribal Court, and such other tribal entities as are designated by tribal law, shall have absolute, original, and exclusive jurisdiction to regulate and adjudicate all matters pertaining to wildlife (whether resident or migratory, native or introduced) found on the Reservation, such other lands as have been or may be added to the Reservation, and allotments, and all matters pertaining to the recreation resources of the Reservation.

(b) To the greatest extent permissible by law, the provisions of this Chapter shall apply to any person on lands in the North Half and on other lands were the Colville Confederated Tribes may be authorized to enforce its interests or rights and to any member asserting rights held by the Tribe without regard to location. By agreement approved by the Business Council such authority may be delegated, or carried out through cross deputization agreements.

(c) The Colville Tribal Court or such other tribunal as designated by the Council shall have exclusive jurisdiction over all violations of this Chapter and any regulation adopted pursuant thereto except as this Chapter reserves that authority to the Business Council or allows for potential federal prosecution.

(d) In addition to the other jurisdictional provisions of this section, the Colville Confederated Tribes:

In this Chapter, unless the context requires another meaning, the following terms shall mean:

(a) "Aboriginal hunting and fishing rights" means those rights to hunt and fish in the territory occupied by the Colville Tribes at and before 1872.

(b) "Artificial light" means any light produced by other than natural sources, including but not limited to, jacklights, spotlights, flashlights or vehicular headlights.

(c) "Bait" means any biological organism, vertebrate or invertebrate, live, dead, or artificial that may be used for the purpose of taking fish or trapping animals.

(d) "Beach seine" (drag seine) shall be defined as fishing gear consisting of a lead line, cork line, auxiliary lines, and a mesh net webbing fashioned in such a manner that it can be used to encircle fish in waters adjacent to any beach, with the catch landed directly on the beach.

(e) "Biological personnel" means persons trained in biological and/or wildlife management who are employed by, or are working with, the Colville Tribes and whose duties include advising on the management and/or enhancement of Tribal fishing or hunting.

(f) "Business Council" or "Council" means the elected governing body of the Confederated Tribes of the Colville Reservation as prescribed in Article II of the Colville Constitution.

(h) "Camping" means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel, for the apparent purpose of overnight occupancy.

(i) "Ceremonial fishing" means the taking of fish for use in traditional tribal ceremonies and/or for religious purposes. Only enrolled members of the Colville Tribes shall exercise ceremonial fishing rights.

(j) "Ceremonial hunting" means taking of game for use in traditional tribal ceremonies and/or for religious purposes. Only enrolled members of the Colville Tribes shall exercise ceremonial hunting rights.

(k) "Chumming" means scattering feed or other material to attract fish to a location.

(l) "Closed area" means those portions of the Colville Reservation not open for either hunting and/or fishing of a species, and those areas off the Reservation or on the North Half not open for tribal hunting and/or fishing.

(m) "Closed season" means all of the time during the entire calendar year excepting the "open season" as specified by this Chapter or regulation.

(n) "Closed waters" means any lake, river, stream, body of water, or any part thereof on or off the Reservation described or designated by this Chapter or regulation wherein it shall be unlawful to fish for certain species.

(o) "Colville Indian people" means enrolled members of the Confederated Tribes of the Colville Reservation.

(p) "Commercial fishing" means the harvesting of fish with the intent to sell, trade or barter them to any person in return for money, property or other consideration. Commercial fishing shall not include the sale or exchange of fish with other tribal members for use by the tribal member purchaser for personal consumption. Only fish caught in accordance with commercial fishing regulations may be sold.

(q) "Commercial management area" means an area designated as a commercial fish management and catch reporting area by the Fish and Wildlife Department. Specific areas may be subdivided by tribal fisheries personnel where more detailed information on a particular fish species or fishery is desired.

(r) "Committee" means the Natural Resources Committee established pursuant to this Chapter.

(s) "Daily bag limit" means the maximum number of wildlife which may be taken or possessed by any person, specified and fixed by this Chapter or any regulations of the Business Council for any twenty-four (24) hour period, including size, sex or species.

(t) "Department" means within the subpart of this Chapter shall be defined within its contexts as either the Fish and Wildlife Department of the Colville Tribes or the Natural Resources Department of the Colville Tribes.

(u) "Depredation" means any act by a wild animal that causes the destruction of or damage to property.

(v) "Depths of net" means the total distance between cork and lead lines measured perpendicular to either cork or lead line.

(w) "Designated campground" means a site where tent or trailer camping is permitted. Designated campgrounds are of two types:

(1) Primitive (outhouses, picnic tables, and grills); and

(x) "Director" means the person selected to administer the Tribal Fish and Wildlife Department.

(y) "Drift net" (pole net) means a gill net which is not staked, anchored or weighted so that it may drift free.

(z) "Fish" when used as a noun herein, shall include, all animals included in the order Pisces.

(aa) "Fish" used as an adjective or verb and its derivatives, "fishing, fished, etc." means any effort made to kill, injure, disturb, capture or catch fish.

(bb) "Fishery management period" means a time interval during which the majority of individuals of a fish species is accessible to capture. A management period is specific to a species and a single species may have more than one management period during the course of the year depending upon the cycle of that species.

(cc) "Fishing permit" means a permit required by the Business Council for the taking of fish on the Reservation.

(dd) "Fishing gear" means all types and sizes of apparatus including scaffolds used to take fish defined in this Chapter or by regulation including but not limited to hooks, nets, spears, gaffs, lines, traps and appliances. The functional definition of any type of gear may be modified by Tribal regulation notwithstanding any definition contained herein.

(ee) "Fishing lure" means any artificial bait, that may be used for the purpose of taking fish.

(ff) "Fur-bearing animals" means those animals whose skins are used commercially as fur and are designated as fur bearing animals by the Council.

(gg) "Gaff or snag line" means hand operated gear which are used to impale fish by pursuing and striking the individual fish with the gear.

(hh) "Game animals" means wild animals that are normally hunted for food or sport and are designated as game animals by the Council.

(ii) "Game birds" means wild birds that are normally hunted for food or sport and are designated as game birds by the Council.

(jj) "Game fish" means aquatic cold blooded wildlife that are normally harvested for food and are designated as "game fish" by the Council.

(kk) "Gill net" means a net of a single web construction bound at the top by a cork line and at the bottom by a lead line. Gill nets operated when mature salmon are present shall not exceed one-thousand eight-hundred (1,800) feet in overall length unless other length requirements are provided by tribal regulations.

(ll) "Guest" means any non-member, not qualifying as family of a tribal member, who engages in trail, off-road use, or camping activities in the company of one or more adult tribal member.

(mm) "Hand dip net" (dip bag net) means a section of netting distended by a rigid frame, operated by a process commonly recognized as dipping. Such nets may be of a size as determined by tribal regulation.

(nn) "Harassing" or "harassment of person" means a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(oo) "Harassment of wildlife" means to engage in any act which demonstrates a disregard for the well being of wildlife or which creates the likelihood of injury, or disrupts normal behavior patterns of wildlife including feeding, watering, resting, and breeding. Such acts include, but are not limited to, chasing, pursuing, herding, or attempting to take wildlife.

(pp) "Head of household" means any member of the Tribes who is solely or substantially responsible for providing his or her own care and maintenance or that of his family.

(qq) "Highway legal" means any motorized vehicle legal to operate on all public, all primary and secondary highways, state highways and interstate highways, including the entire right-of-way.

(rr) "Highway road" means all primary and secondary state highways and interstate highways, including the entire right-of-way.

(ss) "Hook and Line" means a simple line, attached to no more than two (2) single barbed hooks or a single triple-barbed hook.

(tt) "Hunt or Hunting" means shooting, shooting at, chasing, driving, flushing, attracting, brushing, pursuing, trapping, stalking or lying in wait for any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for or lying in wait for any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures or making sound recordings thereof.

(uu) "Immediate family" or "family of tribal member" means for the purpose of section 4-1-480, Non-member Camping, shall be defined as related persons and immediate kin of both a tribal member and a non-member spouse, whether relater by blood or marriage, including parents, children (including foster children and children of previous marriages), brother, sister, aunts, uncles, grandparents, grandchildren, nieces, nephews, cousins, as well as members of the household of a tribal member living under the same roof to the extent inconsistent with this definition Resolution No. 1990-477 (Omak Lake), 1988-338 (Restricted Beach Area), and 1997-547 (certain campgrounds and recreation areas) are hereby repealed.

(vv) "Indian" means any person of Indian descent who is a member of a federally recognized Indian Tribe according to the laws of that tribe, and any other person recognized by federal or tribal law as an Indian for any purpose, and denotes both the singular and the plural.

(ww) "Lampara" (round haul) means fishing gear having no purse line or rings, but employing a lead line, cork line, special tag, or auxiliary lines attached to the lead line and webbing in such a manner that the fish are encircled in open water.

(xx) "Loaded weapon" means a firearm that has a bullet in the magazine or chamber.

(yy) "Member" or "tribal member" means any person who is enrolled in the Confederated Tribes of the Colville Reservation (Colville Confederated Tribes, Colville Tribes, or Tribes).

(zz) "Migratory waterfowl" means those birds classified as waterfowl and protected under the Federal Migratory Bird Treaty Act.

(aaa) "Minor" means for purpose of this Chapter only, any person under the age of sixteen (16) years.

(bbb) "Natural resources enforcement officer(s)" means the person or persons charged with the responsibility of enforcing this Chapter regulations and tribal resolutions promulgated hereunder and shall include all Colville Tribal:

(1) Police officers;

(2) Parks & Recreation Program law enforcement personnel;

(3) Fish & Wildlife Program law enforcement personnel;

(4) Regulatory enforcement officer; and

(ccc) "Non-highway road" means any public road within the boundaries of the Colville Reservation, except highways.

(ddd) "Non-motorboats" means boats that are not powered by a motor, power plant, gas or electric engine, i.e., boats powered by oars, canoe, paddleboat, float tube, kayak and rubber rafts.

(eee) "Non-motorized vehicle" commonly known as a mountain bike.

(fff) "Non-protected animals" means wild birds and animals that may be hunted throughout the year as authorized by the Council.

(ggg) "Net length measure" means that length of any net measured along the cork or top line.

(hhh) "North Half" means all lands of the Colville Reservation as set apart in the Executive Order of July 2, 1872, that were ceded to the United States pursuant to the Agreement of May 9, 1891, in which the Tribes holds reserved rights to hunt, fish, and gather, and which consists generally of the lands between the current northern boundary

of the Reservation and the Canadian border and between the Okanogan and Columbia rivers.

(iii) "Nuisance device" is any device designed to silence, muffle, or minimize the report of any firearm, whether separated from or attached to such firearm; any net, trap, crossbow, explosive, poisonous or stupefying substance, or device which is set, used or intended for use in taking wildlife in violation of this Chapter.

(jjj) "Off-reservation" means all lands, territories, waters and streams located outside the Colville Reservation as defined in section 1-1-361 of this Code, including but not limited to the North Half.

(kkk) "Off-road vehicle" or "ORV" means any motorized vehicle, when used for recreational travel on trails, non-highway roads and cross-country travel over natural terrain; such vehicles include but are not limited to: motorcycles, dune buggies, snowmobiles, and all-terrain vehicles.

(lll) "On reservation" means within the exterior boundaries of the Colville Reservation as defined in section 1-1-361 of this Code.

(mmm) "Open season" means the time specified by regulation or this Chapter when it is lawful to fish or hunt.

(nnn) "Open waters" means those waters opened by in-season regulation for specific management purposes.

(ooo) "Open and Unclaimed Lands" means all lands located outside the Colville Indian Reservation and other Reservations where the Colville Tribes reserved by Treaty or other agreement the right to hunt or fish.

(ppp) "Operator" means any person who operates or is in physical control of an ORV.

(qqq) "ORV closed area" means that portion of the Colville Reservation where the use of an ORV is prohibited.

(rrr) "Owner" means any person, other than a mere lien holder, having a property interest in an ORV and entitled to use or possess said ORV.

(sss) "Undeveloped and un-maintained areas" means areas where the Tribes has no campground facilities and which the Tribes does not maintain. Because there is no garbage pick-up in these areas, everything that is packed in must be packed out.

(ttt) "Person" means any individual, firm, partnership, association or corporation.

(uuu) "Pollution" or "to pollute" means the introducing by any means of any substance in liquid, solid or gaseous form into or upon Reservation resources in sufficient quantities as may be directly or indirectly injurious to the health, safety or welfare of the Reservation population or which may be directly or indirectly injurious to livestock, wildlife, and their habitat.

(vvv) "Possession limit" means the maximum numbers of a given wildlife species that may be possessed.

(www) "Predator" means wild birds and animals: (1) whose primary method of feeding is by killing and eating other animals and (2) that may be hunted throughout the year as authorized by the Council.

(xxx) "Protected wildlife or species" means those species of wildlife whose members exist in Washington in a wild state and for which hunting is closed or otherwise regulated.

(yyy) "Public housing site" means areas of public housing on trust or tribal land. Examples include: Colville Indian Housing Authority or HUD housing sites, trailer courts, and the Nespelem Agency Campus public housing.

(zzz) "Random camping" means camping outside designated camping areas.

(aaaa) "Recreational vehicle" means a vehicle or unit that is self-propelled or mounted on or drawn by another vehicle designed for temporary living which may be moved on public highways. Recreational vehicles include travel trailers, camping trailers, truck campers, and motor homes.

(bbbb) "Regulation" means any rule, regulation, resolutions or ordinance promulgated pursuant to this Chapter.

(cccc) "Resolution" means a written action or decision by the Business Council of the Colville Confederated Tribes including the enactment of a tribal law or laws.

(dddd) "Reservation" means the Colville Reservation as defined in section 1-1-361 of this Code.

(eeee) "Scaffold" means the permanent or temporary structure attached to the shore from which fishing takes place.

(ffff) " Shoreline" means all Type 1, Type 2, Type 3, and Type 4 waters of the Reservation as defined in CTC § 4-15-5 et seq., including reservoirs, and their associated shorelines, floodplains and wetlands, together with the lands underlying them. Shoreline includes all beaches of the Reservation.

(gggg) "Shoreline jurisdiction" means those lands subject to the regulation contained in the Shoreline Management Program. Such lands include those extending landward 400 feet on a horizontal plane from the ordinary high water mark of Type 1 waters; 300 feet on the horizontal plane from the ordinary high water mark of Type 2 waters; 200 feet on a horizontal plane from the ordinary high water mark of Type 3 waters; and 100 feet on the horizontal plane from the ordinary high water mark of Type 4 waters; including any floodways and contiguous floodplain areas and all wetlands associated with the streams and lakes which are subject to the provisions of this policy.

(hhhh) "Shorelines of the Reservation" are the total of all "shorelines" within the Reservation.

(iiii) "Spouse" for purposes of this Chapter means a wife or husband of an enrolled tribal member.

(jjjj) "Stretched mesh measure" means the distance between the inside of one (1) knot to the outside (vertical) knot of one (1) mesh when while wet, by using a tension of ten (10) pounds of any three (3) consecutive meshes, then measuring the middle mesh of the three (3) while under tension.

(kkkk) "Subsistence fishing" means the taking of fish by enrolled Colville members for consumption by tribal members and their immediate families or other tribal members. Subsistence fishing is exclusive of fishing for commercial or ceremonial fishing, except that subsistence fish may be sold for personal consumption to other Tribal members.

(llll) "Taking" means pursuing, hunting, netting, (including placing or setting any net or other capturing device), fishing, killing, capturing, snaring, or trapping wildlife or attempting any of the foregoing.

(mmmm) "Taxidermy" means the art or process of stuffing and mounting fish or wildlife skins in lifelike form.

(nnnn) "Test fishery" means a fishery allowed on a limited basis for the purpose of acquiring technical or management information including run strength, time, composition, gear selectivity, exploitation rate and enhancement possibilities.

(oooo) "Trail" means any path used for travel, which is not necessarily suitable for travel by automobile.

(pppp) "Treaty fishing and hunting rights" means those rights reserved by the Treaty at Walla Walla with the Yakimas and other Tribes including Entiat, Wenatchee, Columbia, Paluse, Chelan, and the Treaty with the Nez Perce including the Chief Joseph Band of Nez Perce Indians, and in both cases, the United States Government.

(qqqq) "Trespass" means to:

(rrrr) "Tribal fishers" means any person a member of the Colville Confederated Tribes, who is exercising any tribal fishing right.

(ssss) "Tribal land" means land owned in fee by the Confederated Tribes of the Colville Reservation or a tribal member and/or land held in trust by the United States for the Tribes or individual Tribal members.

(tttt) "Troll line" shall be defined as a fishing line used to drag lures or fresh bait behind a moving vessel.

(uuuu) "Unprocessed wildlife" means the carcass or edible parts of any wildlife that have not yet been processed for final storage or consumption.

(vvvv) "Unprotected species" means any species which may be hunted or taken at any time of year in any number.

(wwww) "Usual and accustomed grounds and stations" means all those fishing places and areas where ancestral members of the Confederated Tribes fished prior to entering into Treaties or other agreements with the United States, and where today access is protected by Treaty, other agreement or aboriginal rights.

(xxxx) "Waste" means the abandonment or deterioration of those portions of fish or game normally utilized for human consumption.

(yyyy) "Watercraft" means any boat or other floating device of rigid or inflatable construction which is designed to carry people or cargo on the water, and which is propelled by machinery, oars, paddles, or wind action on a sail; except makeshift contrivances constructed of inner tubes or other floatable material and not propelled by machinery, personal floatation devices worn or held in hand, and other objects used as floating or swimming aids.

(zzzz) "Wildlife" means all fish, birds, mammals, amphibians, reptiles, designated aquatic invertebrates and insects located on the Colville Reservation or migrating to the Colville Reservation, or available on the North Half, or off the Reservation at usual and accustomed grounds and stations, on open and unclaimed lands, or in aboriginal lands, excluding domestic animals.

(a) The Business Council shall appoint or direct the appointment of a Director of the Fish and Wildlife Department who shall be responsible for:

(b) The director may be removed from his position pursuant to the Tribal Plan of Operations.

(a) The laws of the Tribes relating to conservation and management of wildlife and recreation resources shall be coordinated by the Natural Resources Committee, which shall be appointed by the Business Council. Members shall be well informed on the subject of wildlife and the requirements for its conservation.

(b) The Business Council may remove a committee member for inefficiency, neglect of duty or misconduct in office. A decision by the business council under this subsection shall be final and shall not be subject to judicial review.

(c) Each member of the committee, while attending general or special meetings of the committee and performing official duties for the committee shall receive per diem, plus necessary travel and other expenses as provided by tribal policy. A committee member who is otherwise employed as a public officer of the Tribes shall not receive such payment. Compensation and expenses shall be paid from the Fish and Wildlife budget unless a Committee of the Business Council is serving as the Natural Resources Committee as provided by this section.

(d) In lieu of appointing a separate Natural Resources Committee, an appropriate Committee of the Business Council may serve as the Natural Resources Committee established under this section. In such case, the members of the Business Council Committee shall receive the benefits and compensation otherwise available to Council members while performing duties required under this Chapter.

(a) The Committee shall:

(b) Unless otherwise provided by this Chapter, any decision by the committee on a contested case proceeding under this Chapter, shall be considered final for purposes of judicial review in accordance with the administrative procedures provisions of this Code.

(a) Members; Those persons enrolled in the Colville Tribes shall be eligible to exercise fishing and hunting rights under this Chapter.

(b) Tribal members may exercise fishing and hunting rights on-Reservation, on the North Half and off-Reservation pursuant to tribal regulation.

(c) Non-members may exercise the privilege to hunt and fish on the Colville Reservation only pursuant to tribal regulation and only after first obtaining the required permit or license.

(a) No minor who is otherwise eligible to fish under this Chapter shall fish for commercial purposes unless:

(b) The determination of whether a person is a head of household or whether there is a showing of extreme hardship sufficient to allow a minor to exercise fishing rights without being accompanied by a parent or guardian shall be made by the Committee according to procedures established in regulations promulgated under this Code. A decision of the Natural Resources Committee may be appealed to the Business Council whose decision shall be final and shall not be subject to further appeal.

(c) The committee may adopt special regulations addressing the time that minors may fish commercially in order to insure proper attendance in school, compliance with school assignment, or adequate academic performance in school.

(d) It is the duty of the parent or guardian of any minor who is to exercise fishing rights pursuant to this section to ensure compliance with this section. A parent or guardian who knowingly permits his child or ward to violate any provisions of this Chapter or regulations adopted under this Chapter shall be subject to the prescribed penalty as if the adult had committed the respective offense.

(a) Biological personnel of the Colville Tribes may take and possess fish and game of all species for scientific, management and/or enhancement purposes, Provided, that such personnel:

(b) Fish taken under the authority of this section are not to be sold or used by biological personnel for personal gain, but are to be disposed of only as directed by the director.

(c) Any attempt by biological personnel to circumvent this section or to abuse the privilege granted herein shall be grounds for immediate dismissal from employment with the Tribes.

The committee may develop and issue special spouse identification cards that would serve as identification for spouses fishing or hunting on the Colville Indian Reservation pursuant to regulations adopted by the Business Council as provided by this Chapter.

Persons eligible to exercise fishing and hunting rights under this Chapter shall, prior to the exercise of such rights, first obtain the required documents listed in this subchapter. Fishers and hunters must have the appropriate documents in their possession while:

A member who fishes or hunts shall utilize his tribal membership card as identification.

(a) Biological personnel authorized to take and possess fish under the provisions of this Chapter shall obtain an identification card issued by the director. Said identification card shall show:

(b) An identification card issued pursuant to this section shall be surrendered to the director upon request, or upon termination of tribal employment.

(c) A tribal member who hunts only for personal subsistence off-Reservation shall obtain a license or tag from the department if required by regulation. The license or tag shall be issued without cost.

(d) Tribal members hunting or fishing on the Colville Reservation, or on the North Half during special hunts shall also obtain a tag or special membership permits if established by regulation adopted pursuant to this Chapter.

(e) The director may require each person exercising off-reservation fishing or hunting rights under this Chapter to also secure any other identification that may be required through any inter-tribal agreement that the Tribes may become a party to.

(f) All special identification cards and permits issued pursuant to this Chapter (excluding tribal membership cards) shall remain the property of the Colville Tribes and shall be returned to the department upon request of the Business Council, as recommended by the director or the committee, or pursuant to Tribal Court order. The director may propose additional requirements necessary to properly manage the resource.

(g) It shall be unlawful for any tribal member to fish or hunt on or off the Reservation or on the North Half without first obtaining and having on his possession all identification required by this subchapter.

(a) No person shall be issued a license or permit, or be authorized to exercise commercial fishing rights pursuant to this Chapter until all fish taxes, required fees, and unpaid fines levied by the Colville Tribal Court then due and owing are paid to the department. The committee may approve repayment schedules.

(b) If a member contests the amount of fish tax alleged to be owing, he may appeal to the committee in accordance with the procedures for administrative appeals provided by this Code.

(a) Any member fishing for commercial purposes shall be required to fill out separate fish receiving tickets, as distributed by or at the direction of the Tribes, for each day and each separate area fished, when such fishing results in the sale of fish to other than another tribal member.

(b) When filling out a fish ticket, each member shall be responsible for the following information if appropriate:

(c) It is the responsibility of each fisher at the time of each fish sale, to be sure that the fish ticket is filled out completely and accurately. Improperly filled out fish tickets are in violation of this Chapter.

(d) Copies of any or all fish tickets shall be supplied to the director, or biological personnel as directed by the director.

(e) Any member who off Reservation, or on the North Half, is fishing for subsistence or ceremonial purposes, or hunting shall report to the department on a weekly basis for any week within which wildlife was taken the following:

Provided, that by special rule a member may be required to report weekly to the department their fishing activity even if they do not harvest any fish. Provided, further, a member who reports his or her catch to a field census taker need not also report the catch to the department.

(a) All vessels and fishing gear used in the exercise of commercial fishing off reservation pursuant to this Chapter shall be clearly identified as required by regulations, and this section.

(b) The committee shall determine after reviewing recommendations from the director what gear is authorized in a particular season at a particular place and for a particular reason.

(c) Unless otherwise provided in this Chapter or regulation adopted hereunder, each fisher shall only operate a single piece of gear at one (1) time. No gear shall be operated unless specifically authorized as provided in this section.

(d) Each owner of a fishing boat or operator of a particular net or other gear shall identify his gear as follows:

(a) Except as provided under this subchapter, no person who is not a member of the Colville Tribes shall take or attempt to take any wildlife on the Colville Reservation

unless at the time of taking or attempted taking he has a valid tribal permit to do so in his possession.

(b) No person taking or attempting to take wildlife on the Reservation shall fail or refuse to exhibit his permit(s) to a natural resources enforcement officer upon request.

(c) Fees and regulations to carry out the provisions of this section shall be prescribed by the committee and approved by the Business Council.

(a) Permits shall be prepared by the Fish and Wildlife Department and furnished to the dealers authorized to issue permits. Permits shall be issued in the name of the Colville Tribes. Each permit shall be signed by the permittee in ink on the face thereof, and any permit not so signed is invalid. With each permit the department shall provide such tags as the committee may prescribe, which the permittee shall attach to the game animal in such a manner as is prescribed by the committee.

(b) It shall be unlawful, except as provided by the committee, for any person to obtain and sign as a permittee in any one permit period more than one original permit for the taking of each wildlife species. The director may issue a duplicate permit, provided that the person requesting such duplicate permit furnishes the information deemed necessary. A fee to be determined and published by the committee shall be collected for each duplicate permit issued.

(a) All persons to whom permits are issued by the Colville Tribes shall be required to sign a PERMIT AGREEMENT before any such permit shall be valid. The PERMIT AGREEMENT shall be in the form provided by this section. The PERMIT AGREEMENT shall be signed by the applicant.

(b) Permit Agreement Form:

(a) Hunting permits:

(b) Fishing permits: Any non-member may purchase a fishing permit which shall entitle him to fish during the open season of the permit year at all waters of the Reservation that are open to non-Indians. Fees and regulations, including seasons and the fishing areas to be opened, shall be prescribed by the committee and approved by the Business Council.

Nothing in this subchapter shall create a duty to allow any on Reservation non-member hunting or fishing.

(a) Hunting, fishing, and other permits shall be issued by persons designated as permit dealers by the committee. The committee may suspend or revoke a dealer's license for failure to comply with this Chapter or rules and regulations adopted under this Chapter. Prior to suspending or revoking a dealer's license the committee shall provide the dealer with notice and an opportunity for a hearing on the record as provided by the administrative procedures provisions of this Code. Notwithstanding such provisions, the decision of the committee under this section shall be final and shall not be subject to further appeal.

(b) Permit dealers may be required to furnish the Tribes a bond in an amount deemed necessary by the committee to protect the interest of the Tribes, and the premiums on such bonds shall be paid by the permit dealer.

Each license dealer shall by the first day of March or within thirty (30) days of a demand by the department, return to the department all unused permits. Failure to comply with the provisions of this section may result in civil and/or criminal liability.

(a) In addition to pursuing the other remedies provided by this Chapter, the director may, after notice and hearing on the record as provided by the administrative procedures provisions of this Code, suspend or revoke, for a period not to exceed five (5) years, the privilege to take wildlife of any non-member who has been found by the Tribal Court to be liable to the Tribes for:

The decision of the director may be appealed to the committee within thirty (30) days of the rendering of that decision. The decision of the committee shall be final and not subject to further appeal.

(b) The committee shall furnish to permit dealers the names and addresses of persons whose permits have been revoked or suspended, and the periods for which they have been denied the right to secure permits.

(c) It shall be unlawful for any person to issue a permit of any kind to a person whose privilege to obtain that permit he knows to have been suspended or revoked. Any permit issued to a person whose privilege to have that permit has been revoked or suspended shall be void.

No person shall, by fraud, misrepresentation, or assignment, obtain a permit to take wildlife, or provide such a permit to another person by such means, and a permit so obtained is void and of no effect from the date of issuance thereof.

(a) A person may transport wildlife legally taken by another where the person actually transporting the wildlife shall have in his possession a writing signed by the person who killed the wildlife, where such writing shall include at least the following:

(b) A person who lawfully takes wildlife on the Reservation and who wishes to transport the wildlife off the Reservation shall utilize and retain in his possession the hunting or fishing license used to take the wildlife. Provided, the committee may for specific species prescribe a transportation permit or tag that must be used to transport the wildlife. Transportation tags if required shall be issued without cost by the director.

(a) No person shall deliver for transportation to any common carrier, and no carrier shall transport, any wildlife except as provided under this Chapter.

(b) Unprocessed wildlife may be shipped during the open season, or within two (2) weeks thereafter, but such shipment shall not exceed the possession limit for any one species, and no more than one such possession limit may be shipped in a period of seven (7) consecutive days. When shipped, valid transportation permits as provided under this subchapter shall be firmly attached to such shipment and the shipment shall be clearly and conspicuously labelled with the name and address of the cosigner and consignee and an accurate statement of the contents of the package.

(a) The director shall be responsible for issuing licenses under this section.

(b) No person shall act as a guide without first satisfying the director as to the prospective guide's qualifications to act as a guide and without having procured a permit to do so. No person under the age of eighteen (18) years shall be issued a guide permit. No person who is not a tribal member shall serve as a guide unless specifically allowed by regulation approved by the Business Council. If a licensed guide fails to comply with the provision of this Chapter or is found liable for violating any provision of this Chapter, the license may, after notice and a hearing on the record as provided by the administrative procedures provisions of this Code, be revoked by the director in addition to any other remedy provided by this Chapter for the underlying violation.

(c) Each guide shall, by the tenth (10) of January of each year, or at the earlier request of the Department, report to the department on forms provided therefor, the name and address of each person guided, the number of days the guide has been so employed, and the number and species of game animals taken. No guide permit shall be issued to any person who has failed to deliver the report to the department for the preceding permit year, or until he has met such other requirements as the department may prescribe.

(d) No person while acting as a guide shall carry firearms other than a pistol, except where authorized by the department to protect the public safety.

(e) Regulations that authorize on Reservation game hunting may require that all non-members be accompanied by a tribally certified guide.

(f) Action by the director to either deny a permit or to revoke a permit may be taken only after a hearing on the record as provided by the administrative procedures provisions of this Code and may be appealed to the committee within fifteen (15) days of the date that the director takes action.

(a) Unless otherwise provided by this subchapter, the Council shall adopt annual or special regulations covering all aspects of hunting and fishing under this Chapter.

(b) In adopting regulations under this section, the Business Council shall consider all recommendations made to it by the Natural Resources Committee, the director, and the Tribal Biologist.

(c) The regulations regarding anadromous fish species shall be adopted in April of each year and shall cover the period of May 1 of each year through the April 30 of the next succeeding year, Provided, however, that formal adoption of regulations for any particular run of fish may be deferred until such time as the Business Council has adequate run strength information; Provided, further, that the regulations for any particular run are distributed to the state and any court with continuing jurisdiction over off-Reservation fishing to which the Colville Confederated Tribes is a party prior to a proposed opening of fishing as provided by federal law, or court order.

(d) The Business Council may adopt regulations for any species of fish in addition to those named in subsection (b) and for the taking of game both on or off the Reservation. If such regulations are adopted, they shall be adopted no later than thirty (30) days prior to the proposed opening; Provided, the failure to comply with the thirty (30) day requirement shall not invalidate the enacted regulation. Provided, further, such hunting or fishing seasons, and species available to be taken may be established from time to time during the year by the Business Council. The Natural Resources Committee and/or Director may make recommendations for such regulations.

(e) Notice of regulations related to hunting and fishing which are adopted pursuant to this subchapter shall be posted in a conspicuous place in Nespelem, Keller, Omak and Inchelium. The notice shall state that the regulations will be available for review at the Tribal Fish and Wildlife Department and the office of the Tribal Code Reviser. Failure to have regulations at the Code Reviser shall not affect the enforceability of the regulations.

(a) Except as provided by this section, the director without obtaining approval from the committee or the Business Council may adopt in-season regulations relating to all aspects of hunting or fishing affecting an established season when necessary to conserve the resources, allocate the resources, or conform to applicable federal law. Such regulations may include off-Reservation in-season fishing or hunting regulations to establish special areas, season, gear, harvest limits, special ceremonial or subsistence fishing, or relating to any other aspect of fishing or hunting.

(b) The director shall notify the committee of any in-season regulations he has adopted as soon as possible.

(c) All in-season regulations shall be consistent with this Chapter, and applicable federal law dealing with off-Reservation hunting and fishing for the necessary conservation and/or equitable allocation of the resource.

(d) The committee may propose a modification to or elimination of an in-season regulation adopted by the director by petitioning the Business Council to overrule the director.

(e) The Business Council shall resolve any dispute between the director and the committee. A challenge commenced under this section shall not affect the in-season regulations until final action by the Business Council.

(f) In-season regulations shall be effective upon their adoption or as provided in the in-season regulation, and shall be enforced:

In-season regulations shall also be filed with the Code Reviser; Provided, failure to file with the Code Reviser shall not effect the enforceability of the in-season regulations.

The director in conjunction with the committee is authorized to negotiate intergovernmental agreements relating to management, allocation, cooperative enforcement, or Treaty protection with any other Treaty tribe, tribal group, the State of Washington, or the Federal Government. No such agreement shall be binding unless approved by the Business Council.

(a) The Business Council recognizes that appropriate management and conservation of the off-Reservation fishery resource may require limiting the total member fishing boats, the type and numbers of gear authorized, the location where certain gear can be authorized, and other policy regulations. These regulations may be necessary to ensure a fair distribution of the resource and its conservation.

(b) The director shall be responsible for the development and presentation of regulations limiting the size of the tribal fishing fleet, and numbers of gear the location where certain gear can be authorized as well as other necessary regulations. All proposed fishing and hunting regulations authorized under this section shall be presented to the Natural Resources Committee for review. Proposed regulations along with any recommendations or comments from the Natural Resources Committee shall be presented to the Business Council. No regulation authorized under this section shall be implemented until approved by the Business Council. Provided, nothing in this section shall limit the director's authority to impose in-season regulations as provided by this subchapter.

(c) In consideration the need for any limitation on the growth of the tribal fleet, the Business Council shall consider the number of harvestable fish available where those fish are best harvested, potential gear conflicts, inter-tribal relationships, and the need to maximize the income of the tribal fisher.

(a) Except as otherwise provided by this section, the Business Council may adopt, amend or repeal rules and regulations covering any activity or procedure under this Chapter other than those related to fishing or hunting in accordance with the administrative procedures provisions for rulemaking under this Code.

(b) The notice of the proposed rulemaking shall specify the time and place at which the Council will discuss and the public may appear and comment in person on the proposed rules and regulations. Notwithstanding the administrative procedures provisions of this Code, neither the tribal department proposing the rule nor the Business Council shall be required to accept or consider written comments or hold a public hearing on the proposed rulemaking unless otherwise determined by the Council.

Persons entering the tribal lands of the lands of the Colville Reservation shall bear the responsibility of obtaining and/or accessing information on the regulations and rules of this Chapter and for complying with emergency measures as they are adopted, such as but not limited to, fire restrictions and emergency closures of hunting and fishing areas.

The Colville Indian Reservation and all lands and water off Reservation fished or hunted by the Colville Tribes and the North Half of the Colville Indian Reservation are closed to fishing and hunting unless specifically opened by properly adopted annual, special or in-season regulations promulgated under this Chapter.

(a) All fishing authorized pursuant to this Chapter shall be done in a safe and businesslike manner.

(b) All set nets shall be lifted at least once every twenty-four (24) hour period.

(c) The use of explosive, caustic or lethal chemicals in any form is expressly prohibited in all fisheries. The use of any method of disabling or capturing fish not expressly authorized in this Chapter or by regulation is prohibited.

(d) All nets and boats must be properly lighted. All boats or other craft used in exercising tribal fishing rights shall conform to the applicable United States Coast Guard regulations. The director may develop appropriate regulations to implement this section.

(a) Test fishing is permitted under the following conditions:

(b) Responsibilities of test fishers:

(c) Failure to Comply—Withdrawal: Failure to comply with any of the provisions of this section or any regulation adopted to implement a test fishery shall constitute withdrawal from the test fishing program. Any fishers fishing subsequent to withdrawal from the test fishery shall not be covered by the test fishing regulations of this Chapter; and shall be subject to the other provisions of this Chapter and adopted regulations.

(d) Records to be kept: The director shall maintain permanent records of all data collected in the test fisheries.

The director may develop regulations setting out special reporting procedures or requirements related to fishing and hunting under this Chapter if such additional reporting is deemed necessary to manage and conserve the resource.

(a) The Colville Indian Tribal fishers are prohibited from selling fish caught while exercising fishing rights to those fish buyers declared unauthorized pursuant to this Chapter.

(b) It shall be unlawful to sell fish or game taken for subsistence or ceremonial purposes except that salmon taken for subsistence purposes may be sold to another tribal member when the purchaser intends to use the salmon for personal consumption, or the consumption of his immediate family. Unlawful sale of game or fish shall be a crime whether the game or fish was taken from the Reservation, or off the Reservation.

(c) A tribal fisher who sells fish to a person, organization or other entity other than fish buyers licensed by the Tribes, the state or other Treaty tribe shall complete a fish ticket for the sale and return the ticket to the Tribal Fish and Wildlife Department. All sales under this section shall be subject to Tribal tax under this Chapter.

Any person who, while taking wildlife, is involved in an accident resulting in injury to any person shall:

(b) Immediately report the accident to the nearest law enforcement officer after giving such assistance; and

(c) Within ten (10) days file with the director a full and complete written report of such accident.

The willful or careless setting or starting of a forest fire, brush, or grass fire or other destructive fire by any person while on the Reservation is a violation of this Chapter. Provided, enforcement action under this Chapter for the violation of this section shall not relieve a person from liability under any other provision of tribal law relating to fire control.

(a) Any person suffering depredation may:

(b) Upon the filing of a report by a person suffering depredation under this section, the director shall forthwith order an investigation, report and recommendation by an employee trained in the handling of wild animal depredations. The complainant shall be informed of the results of the report and any recommended action to be taken.

(c) If removal of animals is found to be necessary to prevent further damage, the Natural Resources Committee may:

(d) The natural resources enforcement officers shall provide technical advice and shall assist in the necessary anti-depredation measures established by the Fish and Wildlife Committee.

(e) Uncontrolled dogs that are pursuing, harassing, attacking or killing game animals, game birds or other protected wildlife may be taken into custody or destroyed if necessary, by any department personnel. Department personnel who take into custody or destroy a dog pursuant to this subsection are immune from civil or criminal liability arising from their actions.

(f) It shall be unlawful for any person to kill or injure any deer, elk, moose, or big horn sheep involved in a depredation or nuisance situation unless expressly authorized by this Chapter or the Business Council. Nothing in this section shall be construed as prohibiting the taking of any wildlife by persons lawfully authorized to do so by regulation or permit.

The director may establish procedures for the abating of nuisance animals on the Colville Reservation, and/or the taking and destroying of injured animals, subject to the approval of the Natural Resources Committee. Any person who has knowledge of animals that are creating the nuisance or injured shall contact the director. The definition of "nuisance animals" shall be by regulation.

The taking of wildlife for research or data gathering purposes conducted by biological personnel may be authorized permit issued by the director of the Fish and Wildlife Department.

Unless modified by rule or regulation the following prohibited acts are established.

No person shall take any action which is a violation of any provision of this Chapter or any regulation adopted pursuant to this Chapter. No person shall kill, take or catch any species of bird, animal or fish in excess of the number fixed as the bag or possession limit. No person shall hunt or trap for any birds or animals within the boundaries of any closed area or fish within any closed waters.

(a) No person shall have in his possession or under his control any unprocessed bird, animal or fish during the closed season or in excess of the bag limit, or without the required permit or tag.

(b) No non-tribal member shall be in possession of unmarked (wild) salmon, steelhead, cutthroat, and/or kokanee.

(c) Tribal members who shall take, incidental to their lawful fishing activities, unmarked (wild) salmon, cutthroat, and/or kokanee must report the species taken and date to the department.

No person shall hunt with firearms or bow and arrow or fish while under the influence of intoxicating liquor or drugs.

No person shall permit the edible portion of any game animal, game bird or game or food fish to go to waste after taking possession of same.

No person shall resist or obstruct any conservation officer or other duly authorized tribal law enforcement officer or other peace officer in the discharge of his duty while enforcing the provisions of this Chapter or other tribal regulations pertaining to hunting and fishing.

No person shall destroy, tear down, shoot at, deface or erase any printed matter or signs placed or posted by or under the instructions of the Colville Business Council or the committee to assist in the enforcement of tribal hunting and fishing regulations.

No person shall shoot any other person or any domestic livestock while hunting.

(a) Who is not an enrolled member of the Colville Tribes, shall, possess or have in his physical control, a weapon with the bullet in the magazine or chamber within the boundaries of the Colville Indian Reservation;

(b) Shall possess or have in his physical control a weapon with the bullet in the chamber anywhere within the North Half.

No person shall hunt using any artificial light of any kind unless use of such light is approved by regulation for a specific hunt. No person shall hunt using any artificial light which is greater than 10,000 candle power in magnitude under any circumstances.

No person, not a tribal member, shall place any fish, parts of fish or other substance including artificial lights into any waters for the purpose of attracting fish to a particular area in order that they may be taken.

No person may kill, take, catch, possess, buy, barter, or exchange any animal or parts thereof, in violation of any tribal or Federal law. This section shall not apply when there is an immediate danger of serious injury or death to any person or the actor is an enrolled member of a federally recognized tribe who is acting in furtherance of traditional, religious or ceremonial purposes as may be permitted by the Business Council, unless such action is expressly prohibited by federal law.

No person shall counsel, encourage, solicit, request, aid, procure or abet another to commit any act prohibited under this Chapter or under any regulation of the Fish and Wildlife Department, or of the Parks and Recreation Program of the Colville Confederated Tribes.

No game animal may be taken with the aid of a dog or dogs, except as authorized by regulation.

No person shall enter upon a game refuge or other area closed to hunting and take or drive, or attempt to take or drive wildlife from such areas, except as may be authorized by the director in writing.

No person shall sell or barter for personal gain the edible portion of any game animal, game bird or game fish (except as provided by regulation or this Chapter).

No person shall while hunting or fishing under the permission of this Chapter pollute any water or lands. Provided, enforcement under this Chapter shall be in addition to enforcement provision for pollution found in tribal law.

No person shall use aircraft to, hunt, spot, locate, or report the location of wildlife for the purpose of hunting, or hunt any game animal on the same day they were airborne (except for a regularly scheduled commercial flight).

No person shall cut off, cut down, pull up, collect, or otherwise harvest or remove from where it occurs any naturally occurring vegetation or parts thereof for commercial purposes from any tribal lands without a valid permit issued by the department unless such person is the owner of the land from which the materials are taken or is acting with full knowledge and consent of such owner. Such permit shall specify the amount of vegetation to be collected and the time and location where such collecting may take place.

No person shall harass wildlife except as provided by this Chapter or regulation.

No person, while engaged in any activity regulated by this Chapter, shall deposit upon any public or private property any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, cans, barbed wire, boards, trash, garbage, lighted material or waste substances on any place without authorization from the Tribes or the owner of the property affected.

No person who is not a tribal member, shall gather or collect antlers, feathers or any other

bodily parts of wildlife on the reservation without a valid permit issued by the department.

No person shall, without a permit issued by the director, capture, hold in captivity or possess any live wildlife.

Unless otherwise authorized by law or regulation, no person shall introduce any fish, fish fry, or spawn in any waters within the boundaries of the Colville reservation.

It shall be unlawful for any person to practice taxidermy commercially within the boundaries of the Reservation without having first obtained a license from the director. The issuance of a license under this section shall be in accordance with the terms and conditions prescribed by the director.

A taxidermist licensed under this subchapter may sell a client's unclaimed, legally taken wildlife if:

(b) Two months have past since completion of the mounting, tanning, processing or the end of the storage period;

(c) The amount realized by the sale of a mount is not to exceed the original quoted price stated in writing, less any deposit received;

(d) The sale is otherwise in compliance with other provisions regarding the sale of wildlife or parts thereof found in this Chapter.

A taxidermist licensed under this subchapter shall:

(a) Upon receiving wildlife or fish for mounting, tanning, storage or processing, record the owner's name and address, date received, location where the animal was taken, the species and number of said fish or wildlife, the quoted price for the taxidermy work and any other information as required by the department;

(b) Tag each specimen or otherwise mark each specimen in such a way as to be readily identifiable as to ownership;

(c) Maintain records of any unclaimed wildlife which were resold to someone other than the client from which the wildlife was originally obtained including: date of sale, amount of sale and the name and address of the person purchasing the mount;

(d) Not transport or ship any animal or parts thereof without keeping the following record: number and kind of animal or parts shipped, the date shipped, how it was shipped and the name and address of who it was shipped to;

(e) Maintain the records required by this section at the business address of the taxidermist for a three (3) year period.

All records and wildlife held pursuant to this subchapter or regulations adopted pursuant to this subchapter must be open to inspection by a conservation officer or other duly authorized department employee at reasonable times.

The license of any taxidermist or any employee of said taxidermist who is convicted of a violation of this subchapter or regulations adopted pursuant to this subchapter or of any tribal, state, or federal fish and wildlife law shall be subject to revocation by the director.

Unless modified by rule or regulation, no person shall import to the reservation or possess or release within the boundaries of the Reservation, without first obtaining a permit to do so from the director or his designee, any live:

(c) Animals in the family of equidee except domestic horses equis cabalus, domestic donkies, equis assinus;

(f) Species of birds, mammals, reptiles or fish whether native or planted that are normally classified as "wildlife"; or

(a) The director may issue a permit under this subchapter pursuant to the conditions established by the director and once the person applying for the permit:

(b) Issuance of a permit under this section shall authorize employees of the department or the tribal police to inspect all facilities, records, animals and other property related to the permitted operation. These inspections may take place without warrant or prior notice.

No person may sell, trade, give away or otherwise dispose of any animal or parts therefrom permitted pursuant to this subchapter unless the person receiving such animals holds a valid permit pursuant to this subchapter for the species involved or as otherwise authorized by the director.

Any permittee under this subchapter shall maintain accurate records which list the following:

(a) An updated list of the genus and species of the animal(s) and the number of each imported to the Reservation or released, possessed or born within the boundaries of the Reservation;

(b) If imported to the Reservation, the name and address(es) of any person(s) the animals were originally obtained from;

(c) The number of each species in his possession which are sold, traded or given away live, and the name and address of any and all persons receiving those animals;

(d) The number of each species in his possession which are harvested or other wise killed and the disposition of those animals whether sold, traded or given away or otherwise disposed of, and the name and address of any persons receiving these animals or parts therefrom and the dates of such transactions.

Any permittee under this subchapter shall:

(a) Have a qualified veterinarian review and update the health certificate requirements of this subchapter at least once within each calendar year, on each animal permitted pursuant to this subchapter which is in the possession of the permittee or provide proof that such review and update has been conducted. Any testing, etc. required for this certificate shall be at the expense of the permittee;

(b) Monitor the health of any animal(s) in his possession which are permitted pursuant to this subchapter at all times and immediately:

(c) Immediately initiate any treatment necessary to prevent the spread of contagion which is prescribed by a veterinarian contacted in accordance with this section;

(d) If no treatment is available to prevent the spread of contagious disease or illness affecting any animal(s) in his possession which are permitted pursuant to this subchapter, immediately dispose of such animal(s)in a manner prescribed by a qualified veterinarian or qualified public health official in such a manner as to prevent further spread of the contagion. The cost of any treatment or disposal shall be borne by the permittee. The permittee shall notify the director of the department in writing within fifteen (15) days of any such action having been taken and shall retain record of such action for at least three (3) years. If an outbreak of contagious or infectious disease should occur and the permittee does not make adequate and timely efforts to control or eliminate the outbreak, the director may instigate appropriate treatment of the affected animals and any costs thus incurred shall be borne by the permittee.

(a) All animals permitted pursuant to this subchapter which are in the possession of the permittee shall be contained in such a manner that they are at all times under his control. Unless otherwise permitted under this subchapter, at no time shall the permittee allow any such animal(s) to leave the lands identified in the permit application, nor shall the animal(s) be allowed to mingle with wild animals of like or closely related kind found within the Reservation. Lands upon which any animal(s) permitted pursuant to this subchapter are located shall be fenced in such a manner that they cannot escape and wild or other animals off of said property cannot enter.

(b) The permittee shall recapture and, as soon as possible, return to captivity any animals permitted pursuant to this subchapter that escape or are released from containment when such release is not authorized by this subchapter. Any animal remaining at large fifteen (15) days after such escape or release shall, at the discretion of the director, be recaptured or if recapture is not feasible, destroyed. Any costs associated with recapture or disposition of permitted animals or damage to tribal resources caused by the escape of permitted animals shall be borne by the permittee.

(a) In addition to any other remedy or penalty provided for a violation of this subchapter, the Tribal Court may suspend, confiscate or permanently revoke a permit granted pursuant to this subchapter and order the permittee to remove all of the animals listed under the permit from the Reservation in those cases:

(b) Natural resources enforcement officers shall have the authority to:

It shall be unlawful to hunt or to allow hunting of animals permitted pursuant to this subchapter as a method of harvesting of such animals.

(a) Signs shall be posted conspicuously along the boundaries of the Reservation and at all roadway points of entry putting the public on notice that:

(b) The lack of the signs required by this section or the lack of knowledge of such signs shall not be a defense in any action brought in the name of the Tribes to enforce this Chapter.

Except as otherwise provided in this Chapter, all violations of this Chapter or regulations promulgated under this Chapter shall be considered civil in nature, and shall be adjudicated as provided by the Infractions; Field Bonds; Other Civil Violations and Forfeitures Chapter under this Code.

(a) In any case in which a member has committed a violation of this Chapter or regulation relating to off-Reservation fishing or hunting, or fishing or hunting on the North Half or commercial fishing taking place at any location on or off the Reservation, the violation shall be charged as a criminal offense under tribal law.

(b) Any natural resources enforcement officer who willfully fails to enforce this Chapter, or a lawful rule, regulation, or order promulgated under this Chapter shall be guilty of a Class A offense.

(c) Criminal proceedings under this Chapter shall be governed by the Tribal Law and Order Code dealing generally with criminal offenses and procedures, unless specifically modified by procedures as set out herein.

(d) The director shall prepare for the approval of the Fish and Wildlife Committee and the Business Council a recommended bail schedule for each violation of this Chapter or regulation sanctioned as a criminal offense. The bail shall be the presumed fine, provided that the Tribal Court shall retain its discretion to impose a different penalty if warranted or to impose imprisonment in addition to or in lieu of a fine unless otherwise provided by this subchapter. The Business Council may, but need not, utilize the Liquidated Damage Amount as determined in the procedures for infraction violations under this Code for similar on Reservation violations of this Chapter to apply to as the bail schedule for off-Reservation, or North Half violations. The bail schedule produced by the director or penalty imposed by the Court under this subsection shall be consistent with the sentencing guidelines provided by this section.

(e) Any person who has entered a guilty plea to or has been convicted by the Colville Tribal Court of a criminal violation of this Chapter or any regulation, rule or order promulgated thereunder, shall, unless a different penalty or punishment is specifically provided by this Chapter for that violation, be sentenced as follows:

(a) The Business Council may establish a list of criminal violations under this Chapter for which the natural resources enforcement officer shall issue the defendant a citation in lieu of detention as provided by the criminal procedures provisions of this Code and, if convicted, the defendant shall be sentenced to the bail amount determined under this subchapter and may not be sentenced to imprisonment or any other penalty.

(b) If issued a citation under this section, the defendant may post and forfeit the bail amount indicated on the citation in lieu of appearing in court. If the defendant chooses to use the "post and forfeit" procedure, he shall deliver the bail amount, in the form of check or money order, along with the citation by mail or in person to the clerk of the Tribal Court within the time limits for his court appearance provided on the citation. No further proceedings under this Chapter shall be initiated against any person who pays the bail as provided in this subsection.

(c) If the defendant does not use the "post and forfeit" procedure under this section he shall appear in Tribal Court on the date listed in the citation. The court may award reasonable attorney's fees and costs to the prevailing party in any proceeding held under this section.

(d) Nothing in this section shall affect the issuance of a citation as provided by the criminal procedures provisions of this code for any criminal offense not identified as provided in subsection (a). Nor shall this section effect the prosecution of or penalty imposed for such violation.

All fees resulting from the sale of permits by the Fish and Wildlife Department and its agents, and all fines, costs, monies, penalties or damages collected for violations of this Chapter or regulations promulgated thereunder shall be deposited in a special Fish and Wildlife Fund and shall be available for expenditure pursuant to a Business Council approved budget in connection with the conservation, restoration and protection of the wildlife and recreation resources of the Colville Indian Reservation the management of off-Reservation hunting and fishing and for Tribal Court Administration of this Chapter.

(a) All natural resources enforcement officers shall have the authority and the duty to enforce the provisions of this Chapter and regulations adopted thereunder.

(b) Any authorized assistants, employees, agents, appointees or representatives of the Tribe may, in