(n) Secretary means: Secretary of the Interior or his designated representative.

(0) Set-net means: A gillnet which is staked or anchored or weighted at each end so that it does not drift free.

(p) State enforcement officer means: Any official of the State of California who is authorized to enforce state fish and game laws.

(q) Stretched measure means: The distance between the inside of one knot and the outside of the opposite (vertical) knot on one mesh of a gillnet. Measurement shall be taken when the mesh is stretched vertically while wet, by using a tension of ten (10) pounds on any three (3) consecutive meshes, then measuring the middle mesh of the three while under tension.

(r) Subsistence or consumptive fishing means: The taking of fish to be eaten by Indians of the Reservation or their immediate families.

§ 258.5 Eligible Fisher-Eligible Indian

(a) Enrolled members of the Hoopa Valley Tribe or plaintiffs in the case entitled Jessie Short el al. v. United States, Ct. Cls. No. 102-63, may exercise fishing rights under the authority of this Part. Also, persons who are allottees or direct descendants of allottees on the Hoopa Valley Indian Reservation, who currently and for eight (8) of the past ten (10) years have resided on the Reservation or within 60 miles thereof are eligible to exercise Indian fishing rights within the Reservation boundaries. Such persons are eligible fishers for the purposes of these regulations only.

(b) Disclaimer: Determination of eligibility to fish under paragraph (a) of this section shall not be considered evidence of entitlement or lack of entitlement or in any way affect eligibility for enrollment or other tribal benefits or rights on the Hoopa Valley Indian Reservation.

(c) An eligible Indian as determined under paragraph (a) of this section who allows an ineligible person to assist in an Indian fishery on the Reservation shall be subject to the penalties set out in § 258.15(a).

§ 258.6 Fishers identification cards required:

(a) Persons qualifying as an "Eligible Fisher" or "Eligible Indian" under § 258.5 shall obtain an Indian fishers identification card and have it in his or her possession before exercising any Indian fishing rights or transporting fish caught in the exercise of Indian fishing rights on the Reservation.

(b) Penalties: Eligible Indian fishers who do not have their identification card in their possession while fishing or transporting fish may be presumed to be ineligible to exercise fishing rights as an Indian of the Reservation and, therefore, subject to all other applicable laws. In the event such an Indian subsequntly shows proof of eligibility, he or she shall be subject to the penalties prescribed in § 258.15 for the failure to have an identification card in his or her possession.

(c) Fishers Identification Card: A fishers identification card shall be issued by the Bureau of Indian Affairs Hoopa Agency to applicants who fulfill eligibility requirements stated in § 258.5(a). The card shall show the name, basis for eligibility to fish, address, birthdate, color of hair, color of eyes, height, weight, identification number, and holder's photograph, and it shall note the disclaimer stated in § 258.5(b). Such cards may be obtained by contacting the Agency Superintendent, P.O. Box 367, Hoopa, California, 95546 (916/625-4285). The card shall be signed by the card holder. The card shall be countersigned by the authorized official of the Bureau of Indian Affairs certifying that the card holder is recognized as eligible to exercise Indian fishing rights on the Reservation.

§ 258.7 Identification of gear.

(a) At the time an eligible fisher applies for a fishers identification card he or she shall be assigned an identification number and shall be required to place the identification number on all of his or her nets used for fishing in the exercise of Indian fishing rights on the Reservation. Each net shall be marked on the first front, middle, and last end cork of each net used by each

eligible fisher. Each net must have floats or corks attached which shall be floating and visible at all times.

(b) All fishing nets shall be conspicuously marked so that the fisher's identification number may be read without removing the gear from the water. In the absence of proof to the contrary, unmarked fishing nets shall be presumed not to be used in the exercise of the fishing rights of Indians of the Reservation and will be subject to seizure by a law enforcement officer.

§ 258.8 Permissible and Prohibited Fishing:

(a) The Hoopa Valley Indian Reservation is open to the taking of salmon, steelhead and sturgeon by eligible Indians for subsistence and ceremonial purposes unless specifically closed by these regulations or by properly adopted in-season and emergency regulations promulgated hereafter. Fishing shall be permitted seven days per week and 24 hours per day except that all nets must be out of the water between the hours of noon and 4:00 p.m. on Monday of each week.

(b) Fishing is permitted under these regulations for subsistence and ceremonial purposes only.

(c) Commercial fishing is prohibited by these regulations.

(d) Fish caught on the Hoopa Valley Indian Reservation may not be sold. (e) Restrictions on fishing:

(1) Drift-net fishing shall not be permitted below the Highway 101 Bridge.

(2) No eligible fisher may use more than two gillnets, the combined length of which shall not exceed one hundred (100) feet.

(3) Set-nets or drift-nets may be joined end-to-end so as to form a single straigth-line net as long as the new length does not exceed 100 feet.

(4) Both ends of a set-net shall be anchored or staked at all times it is in

use.

(5) No set-net may be placed in the Klamath River or Trinity River in such a way that it covers more than one-third (3) of the distance across the wetted area of any channel.

(6) No set-nets may be placed within twenty (20) feet of the mouth or across the mouth of any tributary

stream of either the Klamath or Trinity Rivers. No set-nets may be placed in any tributary stream of either the Klamath or the Trinity River.

(7) No set-nets may be placed within five hundred (500) feet in any direction of the confluence of the Klamath and Trinity Rivers.

(8) The use of wire, fencing materials, traps, snag gear, explosives, stunning agents or caustic or lethal chemicals in any form is expressly prohibited in all fisheries.

(f) Set-net Locations: Set-net locations shall be determined by the individual Indian fishers in accordance with tradition and custom and in a manner consistent with the provisions of this § 258.8. Disputes over set-net locations are to be resolved between the parties. If no satisfactory resolution is reached then all disputes are to be referred by the parties to elders or knowledgeable adults of the community for the particular area in which the unresolved dispute takes place.

(g) Dip-Net and Hook-and-Line Fishing: Eligible Indians may engage in dip-net fishing or hook-and-line fishing at all times on the Reservation except when fishing is prohibited for all persons by emergency regulations promulgated hereafter for conservation purposes. Fishers identification cards shall be carried by all eligible Indians when engaged in dip-net or hook-and-line fishing.

(h) Special Fishing for Rest Home on Hoopa Square: Two gillnets which are used in conformity with these regulations may be used for fishing for the Rest Home on the Hoopa Square. Such gillnets shall be clearly marked with a number assigned by the BIA Agency Office at Hoopa upon registration of the nets. An eligible Indian of the Reservation shall tend these nets.

(i) Research and Test Fisheries: Fish capture techniques including trapping, netting and electrofishing may be employed by biologists of fisheries management agencies working on the Rivers for biological research, enhancement or other resource management purposes. Designated Indians of the Reservation may observe research and test fisheries upon making ar

rangements with the agency conducting the research activity.

§ 258.9 Catch Marking.

All fish transported outside of the exterior boundaries of the Reservation shall be clearly marked on the tail by an "X" in indelible dye or by clipping or cutting off the top half of the tail fin. The bottom half of the tail fin may not be removed until the fish have arrived at the location where they are to be consumed or preserved for consumption.

§ 258.10 Consultation.

The BIA Agency Superintendent or his designated representative shall generally hold meetings every other week during the fishing seasons, rotating among Klamath, Hoopa and Pecwan, to consult with Indians of the Reservation on the status of the fishery, ocean harvests, the sport fishery, Indian harvests, and such specifics as proposed in-season adjustments to the regulations, as appropriate. At the end of each presentation, comments will be received from those in attendance. A written summary of those comments shall be maintained as a record by the Agency Superintendent or his designated representative.

§ 258.11 In-Season and Emergency Regulations.

(a) The Director of the U.S. Fish and Wildlife Service or his specifically authorized delegate is authorized to make in-season and emergency changes to the regulations when necessary to ensure proper management of the fisheries of the Klamath and Trinity Rivers. This authority includes the following powers:

(1) To close all or part of an Indian fishery when, in the Director's judgement, a closure is necessary to meet conservation needs.

(2) To re-open all or part of an Indian fishery when, in the Director's judgment that action will not jeopardize spawning escapement.

(b) In-season or emergency regulations shall be effective 24 hours after publication in the Eureka Times Standard. They shall stay in effect until modified or rescinded by the Di

rector. Failure to complete subsequent provisions of this section shall not affect the validity of any in-season or emergency adjustment.

(c) Notification of in-season or emergency adjustments: (1) The Superintendent of the Hoopa Agency shall be responsible for having each emergency or in-season adjustment to the fishing regulations published in the Eureka Times Standard as a legal notice at least twenty-four (24) hours before it is to become effective, and in the Del Norte Triplicate, Klamity Kourier, and the Arcata Union as promptly as possible.

(2) The BIA Area Director shall have each in-season adjustment or emergency regulations published in the FEDERAL REGISTER as promptly as possible.

(iv) Willow Creek Post Office. (v) Willow Creek Public Library. (vi) Weitchpec Bulletin Board, Pierson's Store.

(vii) Weitchpec Elementary School. (viii) Pecwan Church.

(ix) Pecwan Elementary School.
(x) Requa Community Center.
(xi) Resighini Rancheria Office.
(xii) Klamath Post Office.
(xiii) Requa Inn.

(xiv) U.S. Coast Guard Station, Requa.

(xv) Klamath Grocery Store.

(xvi) Klamath Field Office, Bureau of Indian Affairs.

(xvii) Bureau of Indian Affairs, Eureka.

(xviii) Bureau of Indian Affairs, Redding.

(4) If the owners of the property at the following locations so desire, a courtesy copy of the notice will be provided:

(i) Hoopa Tribal Office.
(ii) Young's Bar.
(iii) Dad's Camp.

(iv) Chub's Camp.
(v) Gensaw's Landing.
(vi) Notchkeo.

(vii) Terwar.

(viii) Bacon's Camp. (ix) Sim's Camp.

(x) Mattz's Dock.

(xi) Others that may so request.

§ 258.12 Fish catch reporting.

(a) All fishers shall allow access to harvested fish to biologists, enforcement officers and Indian trainees for the purpose of monitoring the harvest and to check for compliance with these regulations.

(b) Fish catch data shall be compiled and summarized by the U.S. Fish and Wildlife Service and made available upon request. It will not be permissible to release catch information for individual fishers of the Reservation.

(c) U.S. Fish and Wildlife Service will compile in-season catch data from information obtained from fishers spot checks, landing counts, creel census, and from other information collected by state and federal officials.

§ 258.13 Identification of persons fishing.

Each eligible fisher shall produce for examination the applicable Indian fishers identification card required under these regulations upon demand of an enforcement officer.

§ 258.14 Enforcement.

Eligible Indians who violate these regulations or any in-season or emergency adjustment promulgated under these regulations shall be subject to prosecution before the Court of Indian Offenses for the Hoopa Valley Indian Reservation. The pertinent provisions of 25 CFR Part 11 and the Indian Civil Rights Act of 1968 apply.

(a) Citations: Law enforcement officers may issue citations to any eligible Indian the officer believes has committed a violation of the regulations of this Part. Such citation shall state when and where the person cited is expected to appear in court and the offense with which the person is charged.

(b) Seizure: Confiscation of Fishing Gear and Fish: (1) Any net or other fishing gear used in violation of these

regulations and any fish caught or possessed in violation of these regulations may be seized by a law enforcement officer.

(2) When a net or other fishing gear is seized and the owner is not present or is unknown to the enforcement officer, the officer shall, without unreasonable delay, commence proceedings in the Court of Indian Offenses by petitioning the Court for a judgment forfeiting the fishing gear or fish.

(3) Upon the filing of such petition, the clerk of the Court shall set out details of the seizure citing time, place and location of such seizure and fix a time for a hearing and cause notices for unattended gear or fish to be posted and published.

Notices shall be posted for fourteen (14) days at both courthouses of the Court of Indian Offenses and the del Norte County Court house and be published in local news media having circulations on the Reservation for a period of five (5) days. Notices will set forth the substance of the petition and the time and place of such seizure and hearing.

(4) Any fishing gear or fish ordered forfeited shall be disposed of as directed by the Secretary.

(5) Any person who satisfies the court that he or she is the owner of any fishing gear or fish seized under this section may intervene in the forfeiture proceeding on behalf of the fishing gear or fish.

(c) Arrests: (1) (i) Each judge of the Court of Indian Offenses is authorized to issue warrants for the arrest of an eligible Indian.

(ii) No arrest warrant may be issued except upon a written affidavit based upon reliable information or belief alleging that there is probable cause to believe that the person to be arrested has violated the regulations of this Part.

(2) A law enforcement officer may arrest any individual without a warrant if that officer has probable cause to believe that person is committing a violation of the regulations of this Part in the officer's presence.

(3) Any eligible Indian charged with a violation of the regulations of this Part may be admitted to bail in an

(a) Any eligible Indian who violates §§ 258.3(c), 258.5(c), 258.8 (a), (e), or (g), 258.11 (a) or (b) of this Part shall be subject to the following penalties: (1) 1st Violation of the Regulations of this Part. No more than $200 or two (2) months in jail or suffer suspension of tribal fishing rights for thirty (30) days during the fishing season or any combination of the above.

(2) 2nd Violation of the Regulations of this Part. Not more than $400 or four (4) months in jail or suffer suspension of tribal fishing rights for sixty (60) days during the fishing season or any combination of the above.

(3) 3rd or Subsequent Violations of the Regulations of this Part. Not more than $500 or six (6) months in jail or suffer suspension of tribal fishing rights for ninety (90) days during the fishing season or any combination of the above.

(b) Any eligible Indian who violates §§ 258.8 (b), (c), or (d), or 258.9, shall be fined not more than $500 or sentenced to jail for a period not to exceed six (6) months or both.

(c) Any eligible Indian who violates § 258.7 of this Part shall be fined not more than $250 or suffer suspension of tribal fishing rights for up to ninety (90) days during the fishing season or both.

(d) Any eligible Indian who violates § 258.12(a) of this Part shall be fined not more than $250 or suffer suspension of tribal fishing rights for up to ninety (90) days or both.

(e) Any eligible Indian who refuses to obey a lawful order of the Court of Indian Offenses (including an order suspending fishing rights) shall be fined not more than $100 or sentenced to jail for a period not to exceed thirty (30) days or both.

(f) Any eligible Indian who violates § 258.6(a) shall be fined not more than $100 or sentenced to jail for a period not to exceed thirty (30) days or both.

(g) Where appropriate the judge, in his or her discretion, may order an eligible Indian, in lieu of a jail sentence, to work up to twenty hours a week without compensation for a term to correspond to the probable term of a jail sentence, in fisheries enhancement work on the Reservation. Such work will be conducted under the supervision of the BIA or the Fish and Wildlife Service.