Section ENV.01.21 — Fishing Infractions

(a) Class A Infractions.

(1) Any person who kills, wounds, catches, takes, traps, or has in his/her possession any fish included in this Ordinance without a valid permit or permits shall be guilty of a Class A Infraction.

(2) Taking, assisting in taking, possessing or transporting any fish in violation of this Ordinance shall be deemed a Class A Infraction.

(3) Wanton destruction or waste of fish on tribal lands shall be deemed a Class A Infraction. Waste shall include the failure to process a fish in a timely manner.

(4) Violating the terms and/or conditions of any Special Permit shall be deemed a Class A Infraction.

(5) It shall be unlawful to take fish by means of explosives, drugs, poison, lime, medicated bait, or other deleterious substances. Violation of this provision shall be deemed a Class A Infraction.

(6) Any person who intentionally disturbs the personal property of another person engaged in lawful activities under this Ordinance shall be subject to a Class A infraction.

(b) Class B Infractions.

(1) Allowing any other person to make use of his/her permit, regardless of whether or not such person would qualify to receive a permit in his/her own right, shall be deemed a Class B Infraction.

(2) Exceeding established limits, using prohibited means or equipment, using bait contrary to tribal law, hunting outside of established seasons and/or hours shall be deemed a Class B Infraction.

(3) Fraud in the procurement of any permit shall be deemed a Class B Infraction.

(1) Carrying a firearm in any motor vehicle, unless the firearm chamber is unloaded, or a loaded magazine is not attached to the firearm or the firearm is otherwise broken down, shall be deemed a Class C Infraction. Rounds may be stored separately from the firearm or in a separate magazine, so long as the magazine is not attached to the firearm.

(2) The refusal of any person engaged in any activity relating to fishing regulated under this Ordinance to display the proper permit or identification upon request of any Authorized Law Enforcement Personnel shall be deemed a Class C Infraction.

(3) It shall be unlawful to use fish seines, fish traps, or gill nets, except under authority of a Special Permit issued by the Council. Violation of this provision shall be deemed a Class C Infraction.

(4) Any person who uses a vehicle or other means to block a Public Road with the intent of limiting access for other individuals to engage in activities permitted under this Ordinance shall be subject to a Class C infraction.