7.11.150 Gathering by Non-Citizen.
(1) Off Samish Land. It shall be lawful for Samish citizens to exercise Samish treaty gathering rights with non-citizens on land that is neither held in trust by the United States for the Samish Indian Nation nor owned in fee simple by the Samish Indian Nation if those non-citizens are gathering under Washington State law, or are members of another tribe with recognized gathering rights and are gathering under that tribe’s law; provided, that the non-citizen is:
(a) Appropriately licensed by the state of Washington or another tribe that has a recognized gathering area that overlaps with the gathering area of the Samish Indian Nation; and
(b) Gathering according to the current laws and regulations of the state of Washington or the tribe with the overlapping recognized gathering right.
(2) On Samish Land. Non-citizens may gather plant material on lands held in trust by the United States for the Samish Indian Nation or on lands owned in fee status by the Samish Indian Nation with the express permission of the Samish Indian Nation, as follows:
(a) Non-citizens who wish to gather plant material must request and obtain a non-citizen gathering permit from the Samish Department of Natural Resources.
(b) Non-citizens shall be limited to gathering under the terms of their non-citizen gathering permit, including limitations on the area where they may gather, as well as on the type and/or amount of plant material they may gather.
(c) Non-citizen gathering permits shall be nontransferable and shall expire on the date provided on the permit.
(d) The non-citizen must carry their non-citizen gathering permit and government-issued photo identification at all times while gathering on Samish land.
(3) Non-citizens who gather or attempt to gather pursuant to this section are not exercising the Samish Indian Nation’s treaty gathering right reserved under the Treaty of Point Elliott. Rather, non-citizens who gather pursuant to this section do so with permission from the Samish Indian Nation either as the owner of land held in fee simple or as the government with regulatory authority over land held in trust by the United States for the Samish Indian Nation, as applicable. [Res. 2020-12-039, 2020.]