OAR 635-041-0500
Cultural Salmon Fishery Definitions
(1)
“Agreement” means the Agreement Among the State of Oregon, United States of America and the Confederated Tribes of Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members, signed by the parties to the Agreement and dated April 22, 1980, and referred to in United States Public Law 96-340 (see Exhibit 1 in OAR 635-041-0600 (Confederated Tribes of the Grand Ronde Community of Oregon)).(2)
“Dip Net” means a net with a mesh size no larger than five inches (measured from the inside of one vertical knot to the outside of the opposite vertical knot), attached to a hoop no larger than four (4) feet in diameter and attached directly to a handle; dip nets shall be attended at all times.(3)
“Spear” means a hand-propelled barbed single or multiple point device attached directly to a long shaft; no multiple pointed spear shall have an overall width greater than eight inches.(4)
“Gaffhook” means a large, strong, single point hook attached directly to a handle.(1)
The Tribe shall have the opportunity to harvest 200 salmon, regardless of size, per year from sites on tributaries of the Siletz River according to the provisions of this agreement. The parties acknowledge that actual annual salmon harvest may be less than 200 salmon because of water conditions, varying run sizes, and fishing effort. Furthermore, the parties agree that there shall be no makeup of salmon harvest in subsequent years if harvest is less than 200 salmon in any single year. No state license shall be required for salmon taken pursuant to this section.(2)
The only permissible means of harvest shall be dip nets, spears, and gaffhooks. “Dip net” shall mean a net with a mesh size no larger than 5 inches (measured from the inside of one vertical knot to the outside of the opposite vertical knot), attached to a hoop no larger than 4 feet in diameter and attached directly to a handle; dip nets shall be attended at all times. “Spear” shall mean a hand-propelled barbed single or multiple point device attached directly to long shaft; no multiple pointed spear shall have an overall width greater than 8 inches. “Gaffhook” shall mean a large, strong, single point hook attached directly to a handle.(3)
Harvesting by the Tribe shall occur only during salmon runs as set forth herein. The tribal fishing season, up to but not to exceed 60 days, shall be established by the Department after consultation with the Tribe each calendar year during the period of the more active part of the fall salmon run. All tribal salmon fishing shall occur during those regular hours set for salmon angling by the Commission. The establishment of any special tribal fishing season is subject to the State’s authority to regulate for conservation purposes and for protection of steelhead.(4)
The harvest of salmon shall be permitted only at the following specific tributary locations:(a)
Euchre Creek Falls, which is a single falls, and a site located approximately between river mile 2.8 and 3.0 in Section 11, T9S, R10W, W.M.;(b)
Dewey Creek Falls, which is a series of falls located approximately between river mile 0.4 and 0.5 in Section 7, T10S, R10W, W.M.; and(c)
A single site on Rock Creek, as agreed upon in writing by the Tribe and the Department.(5)
All tribal fishing pursuant to this agreement shall be subject to all of the rights of private landowners and tenants under state trespass laws and other applicable provisions.(6)
All harvesting of salmon shall be in accordance with the licensing and tagging procedures set forth in section 7, below.(1)
The taking of steelhead or game fish other than salmon.(2)
Net fishing, including gill netting, except that dip netting will be permitted as defined in this agreement.(3)
The use of fish, or parts thereof, for commercial purposes.(4)
The taking of fish in a geographic area other than those established pursuant to this agreement.(5)
The taking of fish in excess of the number specified in this agreement.(6)
The taking of fish in violation of any of the limitations set forth in this section 4 or of the licensing and tagging provisions as set forth in section 7 below.(a)
Cultural Hunting.(1)
The Tribe shall have the opportunity to harvest a total of 400 deer and elk per year (which total shall not include more than 25 elk) within the following two units, as those units were defined as of the date at this agreement: The Stott Mountain Management Unit and that portion of the Alsea Management Unit which lies north of Oregon Highway 34 and west of Oregon Highway 223. The parties acknowledge that the annual harvest may be less than 400 animals and that there shall be no makeup of deer or elk harvest in subsequent years. No state license shall be required for game taken pursuant to this section. Tribal hunting shall be subject to the State’s right to regulate for conservation purposes.(2)
All hunting pursuant to this agreement shall occur only during deer and elk seasons prescribed by the State for all citizens in the geographic area described in section 5(a)(1), above. If the State prescribes a controlled deer or elk season in the described geographical area whereby participants must draw for permits, the State shall provide permits to the Tribe, at the Tribe’s option, for the controlled hunt of up to 10 percent of the total controlled tags authorized for all citizens. Such permits for controlled hunts shall be valid only when used with an unused tribal tag and shall be counted as part of the 400 total tags issued pursuant to section 5. Weapons, antler regulations, methods, and other regulations for tribal hunting shall be the same as established by the State for all citizens.(3)
All tribal hunting pursuant to this agreement shall be subject to all of the rights of private landowners and tenants under state trespass laws and other applicable provisions.(4)
All hunting pursuant to this section shall be in accordance with the licensing and tagging procedures set forth in section 7 below.(1)
The hunting or trapping of animals other than deer and elk.(2)
The use of deer or elk meat for commercial purposes.(3)
The taking of deer or elk in a geographic area other than that described in section 5(a)(1), above.(4)
The taking of deer or elk in excess of the number specified in this agreement.(5)
The taking of deer or elk in violation of any of the limitations set forth in this section 5 or of the licensing and tagging provisions, as set forth in section 7 below.
Source:
Rule 635-041-0500 — Cultural Salmon Fishery Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-041-0500
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