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PDFWAC 220-359-110

Columbia RiverColumbia River off-reservation treaty Indian ceremonial fishing.

(1) It shall be unlawful for any Indian to conduct ceremonial fishing on the Washington side of the Columbia River or in Washington Columbia River tributaries outside of an Indian reservation without first providing at least one week advance written notification to the director of the Washington state department of fish and wildlife, including all of the following information:
(a) Name, place, and time of ceremony for which fish will be used.
(b) Name of individuals and helpers who will be fishing and transporting fish. Only these individuals will be allowed to fish on the occasion covered by the notice.
(c) Exact location(s) of fishing and the amount of gear to be used at each location.
(d) Exact beginning and ending dates of ceremonial fishing.
(e) Type of gear to be used in ceremonial fishing.
(f) Estimated number of pounds of fish needed for ceremonial fishing.
(g) If fish are to be stored prior to a ceremony, the location of storage must be identified. If they are not to be stored, it must be so indicated.
(h) The signature of the designated tribal official certified to the Washington department of fish and wildlife in advance.
(2) It shall be unlawful to:
(a) Fish for ceremonial purposes with commercial fishing gear except in those areas where such fishing gear is authorized for commercial fishing;
(b) Deploy or operate fishing gear unless the owner's tribal affiliation and enrollment number is placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached;
(c) Engage in ceremonial fishing during any portion of a week within a commercial fishing season which is closed to commercial fishing;
(d) Sell or barter, offer for sale or barter, buy, or for a person acting in the capacity of a wholesale fish buyer to have in his possession fish taken for ceremonial purposes;
(e) Engage in ceremonial fishing unless done in compliance with all provisions contained in the advance notice to the department of fish and wildlife of the state of Washington.
(3) It is unlawful for any person engaged in ceremonial fishing to fail to have in possession a signed copy or duplicate copy of the written tribal notification to the director of the Washington state department of fish and wildlife that such fishing is to be conducted.
(4) A record of the numbers of fish taken for ceremonial purposes will be made and sent promptly to the director of the Washington state department of fish and wildlife upon conclusion of each ceremonial fishing activity.
(5) Violation of this section is punishable as:
(a) A gross misdemeanor or felony crime under RCW 77.15.550 regarding seasons and times;
(b) A gross misdemeanor under RCW 77.15.520 regarding gear; and
(c) A felony crime under RCW 77.15.260 regarding trafficking of fish not allowed by department rule.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-110, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-359-110, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-359-110, filed 2/15/17, effective 3/18/17; Order 1043, § 220-32-060, filed 2/22/73.]
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