ed or reserved by treaty with the United States; (e) Exempt any person or any fishing gear, equipment, boat, vehicle, fish or fish products, or other property from the requirements of any law or regulation pertaining to safety, obstruction of navigable waters, national defense, security of public property, pollution, health and sanitation, or registration of boats or vehicles; (f) Abrogate or modify the effect of any agreement affecting fishing practices entered into between any Indian tribe and the United States or any State or agency of either. §§ 256.8-256.10 [Reserved] Subpart B-Fraser River Convention Sockeye and Pink Salmon Fishery AUTHORITY: 25 U.S.C. 2, 9; 5 U.S.C. 301; 43 U.S.C. 1451 et. seq.; 25 CFR Part 256. SOURCE: 43 FR 27187, June 23, 1978, unless otherwise noted. § 256.11 Purpose of this subpart: Compli ance. (a) This subpart governs fishing for sockeye and pink salmon by any treaty India who is fishing at his tribe's treaty fishing places in U.S. Convention waters during the time the Commission exercises control over the Fraser River Convention sockeye and pink salmon fishery. (b) Any treaty Indian shall comply with this subpart when fishing for sockeye and pink salmon at his tribe's treaty fishing places in U.S. convention waters during the time the Commission exercises control over the Fraser River Convention sockeye and pink salmon fishery. Fishing by any person which is not in accordance with these regulations is governed by 50 CFR Part 371 and violations thereof are subject to the penalties of the Act. § 265.12 Definition of terms. (a) Act means: the Sockeye Salmon or Pink Salmon Fishing Act of 1947, 16 U.S.c. 776-776f. (b) Authorized assistant means: Any person described in § 256.15 and thereby authorized to assist the treaty Indian. (c) Commission means: The International Pacific Salmon Fisheries Com mission provided for by Article II of the Convention. (d) Convention means: The convention between the United States and Canada for the protection, preservation, and extension of the sockeye and pink salmon fisheries of the Fraser River system, signed at Washington on the 26th day of May 1930, as amended by the protocol to include pink salmon, signed at Ottawa on the 28th day of December 1956. (e) Convention waters mean: Those waters described in Article I of the Convention. (f) Enforcement Officer means: (1) Any enforcement agent of the National Marine Fisheries Service; (2) Any commissioned, warrant, or petty officer of the Coast Guard; (3) Any Coast Guard personnel accompanying and acting under the direction of any person described in subparagraph (2) of this paragraph (f); (4) Any tribal enforcement officer authorized to enforce treaty tribal regulations described under § 256.19. (5) Any other person authorized by the Regional Director, Northwest Region, National Marine Fisheries Service, to enforce the provisions of the Convention the Commission's regulations, the Act, or 50 CFR Part 371. (6) Any other person authorized by the Secretary of the Interior to enforce the provisions of CFR Part 256 Subpart A or B. (g) Fish, fishing means: The fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any sockeye or pink salmon in Convention waters. (h) Fishing gear means: Any net, trap, hook, or other device, appurtenance or equipment, of whatever kind or description, used or capable of being used for the capturing of sockeye salmon. (i) Lawful gear means: Any gill net, purse seine, reef net, troll line, beach seine, or stake net, as defined under tribal law or in Washington Administrative Code Chapter 220-16 and 22047-301 through 304. (j) Person includes: Individuals, partnerships, associations, and corporations. k) Pink salmon means: That species salmon known by the scientific me Oncorhynchus gorbuscha. (1) Sockeye salmon means: That spees of slamon known by the scientific me Oncorhynchus nerka. (m) State areas means: Fishing areas efined as Puget Sound Salmon Manṛement and Catch Reporting Areas Washington Administrative Code hapter 220-22. (n) Stretch measure means: The disnce between the inside of one knot the outside of the opposite (vertial) knot in one mesh. Measurement hall be taken when the mesh is tretched vertically while wet, by sing a tension of ten (10) pounds on ny three (3) consecutive meshes, then easuring the middle mesh of the hree while under tension. - (0) Treaty Indian means: Any nember of a treaty Indian tribe which as treaty fishing places in U.S. Conention waters. (p) Treaty Indian identification neans: Identification issued by the Bureau of Indian Affairs or a treaty Indian tribe identifying the holder as a member of the issuing tribe. The dentification card shall include the name and address of the tribal member, the member's enrollment number (if any), date of birth, and the member's photograph. (q) Treaty Indian tribe means: Any tribe which has been found by the United States District Court for the Western District of Washington to be entitled to exercise treaty-secured fishing rights in U.S. Convention waters. Currently these tribes are the Makah Tribe, Lower Elwha Band Clallam Tribe, Port Gamble Band Clallam Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish Indian Tribal Community, and Tulalip Tribe. (r) Treaty fishing places (of an Indian tribe) means: Any location which shall have been previously determined by the United States District Court for the Western District of Washington in "U.S. v. Washington" to be a place at which that treaty tribe may take fish under rights secured by a treaty of the United States with such tribe or its predecessor in interest. (s) Washington Administrative Code means: Only those chapters and sections of the Washington Administrative Code that were in effect as of June 25, 1978. (t) Vessel means: Every type or description of water craft or other contrivance used, or capable of being used, as a means of transportation in water. § 256.13 Other laws and regulations. Nothing in this subpart shall be construed to relieve a treaty Indian or his authorized assistant from any applicable requirement lawfully imposed by a tribe, the United States, or the State of Washington. Nor shall anything herein authorize any treaty Indian or his authorized assistant to act contrary to any restriction or requirement of applicable tribal laws. § 256.14 Identification. (a) Any treaty Indian fishing under the authority of this subpart shall have in his possession at all such times treaty Indian identification required by 25 CFR 256.3 and by applicable tribal law. (b) Any person assisting a treaty Indian under the authority of § 256.15 shall have in his possession at all such times an identification card issued by the Bureau of Indian Affairs or by a treaty Indian tribe, identifying the holder as qualified to assist a treaty Indian. The identification shall inIclude the name of the issuing tribe, the name, address, tribal affiliation, date of birth, and photograph of the assistant, and the name and enrollment number (if any) of the treaty Indian the assistant is qualified to assist. (c) Identification described in paragraphs (a) or (b) of this section shall be shown on demand to an enforcement officer by the treaty Indian or authorized assistant. (d) Any treaty Indian fishing under this subpart shall comply with the treaty Indian vessel and gear identification requirements of Decision No. 1 and subsequent Orders of the U.S. District Court for the Western District of Washington in U.S. v. Washington, as ed or reserved by treaty with the (e) Exempt any person or any fish- (f) Abrogate or modify the effect of §§ 256.8-256.10 [Reserved] AUTHORITY: 25 U.S.C. 2, 9; 5 U.S.C. 301; 43 SOURCE: 43 FR 27187, June 23, 1978, unless § 256.11 Purpose of this subpart: Compli ance. (a) This subpart governs fishing for sockeye and pink salmon by any treaty India who is fishing at his tribe's treaty fishing places in U.S. Convention waters during the time the Commission exercises control over the Fraser River Convention sockeye and pink salmon fishery. (b) Any treaty Indian shall comply with this subpart when fishing for sockeye and pink salmon at his tribe's treaty fishing places in U.S. convention waters during the time the Commission exercises control over the Fraser River Convention sockeye and pink salmon fishery. Fishing by any person which is not in accordance with these regulations is governed by 50 CFR Part 371 and violations thereof are subject to the penalties of the Act. § 265.12 Definition of terms. (a) Act means: the Sockeye Salmon or Pink Salmon Fishing Act of 1947, 16 U.S.c.776-776f. (b) Authorized assistant means: Any person described in § 256.15 and thereby authorized to assist the treaty Indian. (c) Commission means: The International Pacific Salmon Fisheries Com mission provided (d) Convention n tion between the Canada for the pr tion, and extension pink salmon fishe River system, signed the 26th day of May by the protocol salmon, signed at O day of December 195 (e) Convention wa waters described in Convention. (f) Enforcement Of (1) Any enforcem National Marine Fish (2) Any commissio petty officer of the C (3) Any Coast Gua companying and acti rection of any person paragraph (2) of this I (4) Any tribal enf authorized to enforce ulations described und (5) Any other perso the Regional Direc Region, National M Service, to enforce th the Convention the Co ulations, the Act, or 50 (6) Any other person the Secretary of the force the provisions of Subpart A or B. (g) Fish, fishing mear (h) Fishing (s) Washington Administrative Code means: Only those chapters and sections of the Washington Administrative Code that were in effect as of June 25, 1978. Any any person descr member of a treaty Indian tribe which (2) of this para has treaty fishing places in U.S. Con tribal enforcem vention waters. (t) Vessel means: Every type or description of water craft or other contrivance used, or capable of being used, as a means of transportation in water. Indian identification to enforce treat (p) Treaty § 256.13 Other laws and regulations. Nothing in this subpart shall be construed to relieve a treaty Indian or his authorized assistant from any applicable requirement lawfully imposed by a tribe, the United States, or the State of Washington. Nor shall anything herein authorize any treaty Indian or his authorized assistant to act contrary to any restriction or requirement of applicable tribal laws. other person aut e Act, or 50 CFR ther person auth ry of the Interi -ovisions of CFR B. shing means: The g, or taking, or hing for y soc § 256.14 Identification. (a) Any treaty Indian fishing under the authority of this subpart shall have in his possession at all such times treaty Indian identification required by 25 CFR 256.3 and by applicable tribal law. (b) Any person assisting a treaty Indian under the authority of § 256.15 shall have in his possession at all such times an identification card issued by the Bureau of Indian Affairs or by a treaty Indian tribe, identifying the holder as qualified to assist a treaty Indian. The identification shall in clude the name of the issuing tribe the name, address, tribal affiliation date of birth, and photograph of th assistant, and the name and enrol ment number (if any) of the treat Indian the assistant is qualified assist. (q) Treaty Indian tribe means: Any (c) Identification described in par graphs (a) or (b) of this section sha be shown on demand to an enfor ment officer by the treaty Indian authorized assistant. (d) Any treaty Indian fishing und this subpart shall comply with treaty Indian vessel and gear ident cation requirements of Decision No and subsequent Orders of the U.S. I trict Court for the Western Distric Washington in U.S. v. Washington ed or reserved by treaty with the United States; (e) Exempt any person or any fishing gear, equipment, boat, vehicle, fish or fish products, or other property from the requirements of any law or regulation pertaining to safety, obstruction of navigable waters, national defense, security of public property, pollution, health and sanitation, or registration of boats or vehicles; (f) Abrogate or modify the effect of any agreement affecting fishing practices entered into between any Indian tribe and the United States or any State or agency of either. §§ 256.8-256.10 [Reserved] Subpart B-Fraser River Convention Sockeye and Pink Salmon Fishery AUTHORITY: 25 U.S.C. 2, 9; 5 U.S.C. 301; 43 U.S.C. 1451 et. seq.; 25 CFR Part 256. SOURCE: 43 FR 27187, June 23, 1978, unless otherwise noted. § 256.11 Purpose of this subpart: Compli ance. (a) This subpart governs fishing for sockeye and pink salmon by any treaty India who is fishing at his tribe's treaty fishing places in U.S. Convention waters during the time the Commission exercises control over the Fraser River Convention sockeye and pink salmon fishery. (b) Any treaty Indian shall comply with this subpart when fishing for sockeye and pink salmon at his tribe's treaty fishing places in U.S. convention waters during the time the Commission exercises control over the Fraser River Convention sockeye and pink salmon fishery. Fishing by any person which is not in accordance with these regulations is governed by 50 CFR Part 371 and violations thereof are subject to the penalties of the Act. § 265.12 Definition of terms. (a) Act means: the Sockeye Salmon or Pink Salmon Fishing Act of 1947, 16 U.S.c. 776-776f. (b) Authorized assistant means: Any person described in § 256.15 and thereby authorized to assist the treaty Indian. (c) Commission means: The International Pacific Salmon Fisheries Com mission provided for by Article II of the Convention. (d) Convention means: The convention between the United States and Canada for the protection, preservation, and extension of the sockeye and pink salmon fisheries of the Fraser River system, signed at Washington on the 26th day of May 1930, as amended by the protocol to include pink salmon, signed at Ottawa on the 28th day of December 1956. (e) Convention waters mean: Those waters described in Article I of the Convention. (f) Enforcement Officer means: (1) Any enforcement agent of the National Marine Fisheries Service; (2) Any commissioned, warrant, or petty officer of the Coast Guard; (3) Any Coast Guard personnel accompanying and acting under the direction of any person described in subparagraph (2) of this paragraph (f); (4) Any tribal enforcement officer authorized to enforce treaty tribal regulations described under § 256.19. (5) Any other person authorized by the Regional Director, Northwest Region, National Marine Fisheries Service, to enforce the provisions of the Convention the Commission's regulations, the Act, or 50 CFR Part 371. (6) Any other person authorized by the Secretary of the Interior to enforce the provisions of CFR Part 256 Subpart A or B. (g) Fish, fishing means: The fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any sockeye or pink salmon in Convention waters. (h) Fishing gear means: Any net, trap, hook, or other device, appurtenance or equipment, of whatever kind or description, used or capable of being used for the capturing of sockeye salmon. (i) Lawful gear means: Any gill net, purse seine, reef net, troll line, beach seine, or stake net, as defined under tribal law or in Washington Administrative Code Chapter 220-16 and 22047-301 through 304. (j) Person includes: Individuals, partnerships, associations, and corporations. |