STILLAGUAMISH TRIBE OF INDIANS HUNTING ORDINANCE ADOPTED BY RESOLUTION 2003/48

Section 1.01 Title This ordinance shall be known as the Stillaguamish Tribal Hunting Ordinance.

Section 1.02 Purpose

The purpose of this ordinance is to regulation the Treaty Hunting activities of the Stillaguamish Tribal Hunters and to protect the Treaty/wild game resource of the Stillaguamish Tribe through effective management.

Section 1.03 Jurisdiction

This ordinance and any regulation adopted pursuant to it shall extend to all open and unclaimed hunting areas, lands reserved by the Stillaguamish Tribe under the Treaty of Point Elliot and to all persons eligible to hunt pursuant to section 1.04 below.

Section 1.04 Eligible Persons

(A) Only enrolled members of the Stillaguamish Tribe may hunt under the authority of this ordinance and regulations promulgated hereunder. (B) Stillaguamish Tribal members seventeen (17) years of age and under are eligible to hunt only when accompanied by an eligible Tribal adult.

Section 1.05 Substitute Hunting

Any eligible member (section 1.04) who is unable to hunt for him/her self may request a substitute subsistence hunter permit that will allow another Tribal member to hunt for them. Such a request shall be submitted in writing to the hunting committee and must include: (A) Why the eligible Tribal member is unable to hunt for him/her self. (B) Which eligible Tribal member he/she would like to designate as the substitute hunter.

Section 1.06 Ceremonial Hunting

The Tribal Council may authorize hunting for ceremonial purposes. Only the person or persons designated by the Tribal council may conduct a ceremonial hunt. A request for a ceremonial hunt shall be in writing to the Tribal Council with the following information:

(A) Amount and type of meat requested. (B) Place and date of ceremony at which the game is to be used. (C) Type of ceremony to take place. Section 1.07 Subsistence Hunting

A subsistence-hunting permit may be issued to all Tribal hunters for a fee.

(A) Big game permits ten dollars ($10.00) each permit. (B) Waterfowl permit fifteen dollars ($15.00) for the season. (C) No permits required for small game.

Section 1.08 Definition of Game

Big game shall mean the animals: elk, deer, bear, cougar, goat, and turkey. Small game shall mean the animals: grouse, rabbits, hares, bobcat, porcupine, fox, coyote, pheasant, and quail. Waterfowl shall mean the animals: ducks, geese, coot, merganser, and snipe.

Section 1.09 Identification and Permits Required.

Any member of the Stillaguamish Tribe hunting under this ordinance and regulations shall have in his/her possession current BIA Hunting Identification, Tribal Enrollment Card, and any permits required by this ordinance or Tribal Council regulation when hunting.

Hunters seventeen (17) years of age and younger shall show proof of completion of an approved hunter’s safety course before purchasing permits and shall possess his/her hunter safety card with other appropriate identification cards and permits required by this ordinance or Tribal Council regulation when hunting.

Section 1.10 Weapon Preference

Any member of the Stillaguamish Tribe hunting under this ordinance and regulations may hunt with any weapon he/she chooses that meets the requirements in this ordinance. No violation will be issued to a hunter for use of more than one or more weapons during any hunt. Nor will a violation be issued to a hunter if the hunter carries a sidearm while hunting.

Section 1.11 Nature of Ordinance

This ordinance is civil in nature.

Section 1.12 Regulations

The Tribal Council of the Stillaguamish Tribe may adopt regulations as necessary to implement this ordinance. Such regulations shall be available for public inspection at the Governmental Offices of the Stillaguamish Tribe.

Section 1.13 Enforcement An enforcement proceeding may be initiated by the issuance of a violation by any Law Enforcement Officer duly authorized by the Stillaguamish Tribe. Tribal members and private citizens may file complaints with the Stillaguamish Tribe Law Enforcement Officers for investigation of violations.

The Stillaguamish Tribal Court shall have the jurisdiction to adjudicate violations of this ordinance and the hunting regulations.

II

Section 2.01 Hunting Violation in the 4th Degree

Section 2.01.01 Firearm Requirements

(A) Rifles with a minimum caliber of 2.43 or 6 MM. Ammunition shall contain a Mushrooming or expanding type bullet designed for big game hunting. (B) Handguns with a minimum of .40-caliber and barrel length minimum of four (4) inches. Ammunition shall contain a mushrooming or expanding type bullet designed for big game. (C) Shotguns with a minimum barrel length of eighteen (18) inches. Ammunition shall be a minimum of #1 or larger buckshot (for big game), nontoxic or steelshot for waterfowl. Shotguns shall only be capable of carrying three (3) rounds at a time. (Plugs must be installed.) (D) Rifle or pistol of .22 caliber rimfire or centerfire and larger, 410 shotgun and larger may be used for Small Game.

Section 2.01.02 Muzzleload Requirements

Muzzleloader shall have a minimum barrel length of twenty (20) inches and a .40 caliber minimum.

Section 2.01.03 Archery/Crossbow Requirements

1. Archery (A) A bow shall have at least forty (40) pounds of pull. (B) Arrows shall have sharp broadhead blades at least seven-eighths (7/8) of an inch wide. (C) Judo points and bludgeon tips may also be used on small game. 2. Crossbow (A) A crossbow shall have at least 100 pounds pull. (B) Bolts (arrows) shall have at least two sharp blades 7/8 of an inch wide.

Section 2.01.04 Weapon Requirements for Turkey and Waterfowl Shotgun, crossbow, and bow only and include requirements from Section 2.01.01  and Section 2.01.03, excluding part 1 .

Section 2.01.05 Loaded Weapons in Vehicle

It shall be a violation to have a loaded weapon in a vehicle or an ATV.

Section 2.01.06 Disposal of Animal Parts

It shall be unlawful to improperly dispose of any animal parts. Unused animal parts shall be buried.

Section 2.01.07 Attachment of Permit

Immediately after any big game animal has been killed the proper permit shall be validated and securely attached in a visible manner to the carcass attached to the carcass during transporting to cold storage or home. After the animal has been butchered, the top portion of the Permit remains with the Hunter until meat is all used up.

Section 2.01.08 Fluorescent Color Clothing

Tribal Hunters shall wear a minimum of hour hundred (400) square inches of bright fluorescent color clothing, such as hunter orange, yellow or lime green, and shall be worn as exterior clothing above the waist and visible from all sides. This does not apply to: 1. Archery/Crossbow Hunters 2. Turkey Hunters 3. Waterfowl Hunters

Section 2.01.09 Littering

It shall be a violation to dispose of trash or garbage. This includes leaving campsites littered; hunters shall clean campsites as they found them.

Section 2.01.10 Hunting Without Identifications and Permits on Person

Hunters shall carry on their person all identifications and permits required in Section 1.08 while hunting.

Section 2.01.11 Private Lands

Hunters shall get permission to hunt on private property by the land owner before starting any hunting activities.

III

Section 3.01 Hunting Violation in the 3rd Degree Section 3.01.01 Hunting in Closed Area

Hunting shall only be permitted in areas designated by regulations set by Tribal Council.

Section 3.01.02 Hunting on Lands Owned by the Stillaguamish Tribe

It shall be a violation to hunt on any land owned by the Stillaguamish Tribe without special written permission from the Hunting Committee. Lands open to hunting without permission shall be governed by Tribal Council. Certain regulations may apply and will be noted in the Hunting Regulations.

Section 3.01.03 Use of Hounds/Dogs

Hounds/dogs may be used to hunt cougar, bear, waterfowl, and small game. No person shall use hounds/dogs to hunt, pursue or harass deer, elk or mountain goat.

Section 3.01.04 Hunting While Under the Influence of Alcohol or Illegal Drugs

It shall be unlawful to hunt while in possession of alcohol or any illegal drugs.

Section 3.01.05 Wasting of Game

It shall be unlawful to waste any game animal or game bird.

Section 3.01.06 Disobeying a Lawful Order

It shall be unlawful to disobey a lawful order of a Stillaguamish Law Officer.

Section 3.01.07 Use of Weapons that do not Meet Requirements of this Ordinance

It shall be unlawful to use any weapons or ammunition that do not meet the requirements of this ordinance or Resolution passed by Tribal Council Governing restriction on weapons used on Tribal Lands.

Section 3.01.08 Shooting from Vehicle

Hunters may hunt from any vehicle, boat or ATV, but it shall be a violation to shoot from any vehicle or ATV.

(A) Shooting from a boat is lawful as long as forward progress from the motor has stopped.

Section 3.01.09 Shooting from or Across Roads It shall be a violation to shoot from or across country roads and state highways and freeways.

Section 3.01.10 Shooting Hours

Shooting hours shall commence one half (1/2) hour before sunrise and extend to one half (1/2) hour after sunset. Actual shooting (hunting) hours will be published yearly with hunting seasons and bag limits.

Section 3.01.11 Harvest Reports

Each hunter shall complete a harvest report after a successful kill of big game and waterfowl and turn the report in to the Fisheries manager or assistant Fisheries manager.

Section 3.01.12 Allowing a Non-enrolled Person to Assist in Treaty Hunting

A person not enrolled in the Stillaguamish Tribe may not kill any animal for a Stillaguamish Tribal Hunter, but may hunt with a Stillaguamish hunter if he/she has in their possession a permit for hunting from another Tribe or Washington State hunting license or tags.

IV

Section 4.01. Hunting Violation in the 2nd Degree

Section 4.01.01 Felon Testimony

All Tribal hunters shall sign a statement attesting to the Stillaguamish Tribe that he/she is not a felon who prohibited to possess a firearm before he/she can purchase any permits for each yearly hunting season. It shall be a violation to give false testimony.

Section 4.01.02 Hunting from Aircraft

It shall be a violation to hunt any game from any airborne conveyance.

Section 4.01.03 Use of Artificial Light

It shall be violation to hunt with a spotlight or any artificial. This does not include fiber optic sights or any illuminating sights for firearms, muzzleloader and archery equipment.

V

Section 5.01 Hunting Violation in the 1st Degree

Section 5.01.01 Sale of Wild Game The sale of wild game meat is strictly prohibited and shall be a violation.

Section 5.01.02 Sale of Wild Game Parts

Non-edible portions of wild animals and game birds may be sold or traded, except for gall bladders and velvet antlers of deer and elk.

Section 5.01.03 Felons in Possessions of Firearms

It shall be unlawful for a felon to hunt with a firearm. If a person’s right to possess a firearm has been restored, proof must be shown and given to the Hunting Committee and Tribal Council before permits can be issued. Copies will be attached to felon testimony.

Section 5.01.04 Taking Game Without Permit

It shall be a violation to hunt and take game without a permit.

Section 5.01.05 Protected Wildlife

It shall be a violation to hunt, harass and possess any Protected Wildlife or Endangered Species. Exceptions to possession of Protected Wildlife and Endangered Species for Regalia or cultural ornaments are permitted. Any animal not listed on the Stillaguamish Tribal Hunting Ordinance or Regulations may not be hunted. Other protected game can be amended to this ordinance or noted in hunting regulations for the sole purpose of conservation to protect and manage population of that species.

Section 5.01.06 Assault on an Enforcement Officer

It shall be a violation to assault a law enforcement officer by attempting or threatening bodily harm or put in apprehension of harm while a law enforcement officer is performing his or her official duties.

VI

Section 6.01 Knowledge of Hunting Ordinance and Regulations

It is the responsibility of the hunter to familiarize him/herself with the Stillaguamish Tribal Hunting Ordinance and Regulations if he/she is going to participate in Tribal Hunting.

Section 6.02 Saving Clause

If any provision of this ordinance shall be declared invalid, the remainder shall not be effected thereby. Section 6.03 Amendments

The Stillaguamish Tribe shall reserve the right to amend any or the entire Stillaguamish Tribal Hunting Ordinance.