Skip to main content
Loading…
This section is included in your selections.

The following gathering activities are prohibited under this chapter:

(1) Gathering Without Permit. Any person who fails to obtain a permit as required by STC 7.11.150 (Gathering by Non-Citizen) or 7.11.160 (Required Identification and Permits), or by regulation, is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $250.00 and shall have their gathering privileges revoked for one calendar year from the date the penalty is imposed.

(2) Gathering During Closed Season. Any person who gathers during a closed season as established by regulation, including a closed season specific to a particular plant material, is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $600.00, and shall have their gathering privileges revoked for one calendar year from the date the penalty is imposed.

(3) Gathering by Ineligible Person. Any person who is ineligible to gather under STC 7.11.100 (Eligible Gatherers) and who gathers plant material in an area within the exclusive jurisdiction of the Samish Indian Nation without permission from the Tribe pursuant to STC 7.11.150 (Gathering by Non-Citizen) shall be subject to a minimum civil penalty of $250.00.

(4) Gathering in Closed Areas. Any person who gathers within the boundaries of a closed area designated by this chapter or by regulation is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $500.00 and shall have their gathering privileges revoked for one calendar year from the date the penalty is imposed.

(5) Exceeding Gathering Limits. Any person who exceeds the gathering limit set by regulation is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $250.00 and/or have their gathering privileges revoked for one calendar year from the date the penalty is imposed.

(6) Failing to Report Gathered Materials.

(a) Any person who fails to report to the Natural Resources Committee the type, amount, and location of all gathered plant material by that person within the jurisdiction of the Samish Indian Nation according to the provisions of this section is guilty of a civil offense, and upon judgment may be subject to a minimum fine of $100.00 and shall have their gathering privileges revoked for one calendar year from the date the penalty is imposed.

(b) Each time someone gathers plant material under this chapter, that person shall record the type and amount on his or her Tribal gathering permit. All plant material in the gatherer’s possession must be recorded immediately.

(c) Each gatherer shall send his or her Tribal gathering permit to the tribal Office by April 30th of each year to report gathered materials in the previous 12 months.

(7) Selling Gathered Materials. Any person who sells plant material that he or she has gathered or taken from an area within the jurisdiction of the Samish Indian Nation is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $500.00 and shall have his or her gathering privileges revoked for one calendar year from the date the penalty is imposed.

(8) Defacing Signage. Any person who destroys, tears down, shoots at, defaces or erases any printed matter or signs placed to assist in the enforcement of gathering regulations is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $250.00. The maximum fine which may be imposed is $1,000.

(9) Interference with Natural Resources Management Personnel. Any person who willfully interferes with or prevents Samish Indian Nation Natural Resources Management Personnel, or state or federal agencies, from carrying out their professional management duties is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $250.00.

(10) Failing to Produce Identification or Permit to Enforcement Officers. Any person who fails to produce for examination their Tribal identification card, other government identification or Tribal gathering permit, as required by this chapter, upon demand by any Tribal, state or federal enforcement officer, is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $100.00.

(11) Giving False Information to Enforcement Officers. Any person who knowingly gives false information to a Tribal, state or federal enforcement officer is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $250.00.

(12) Obstructing Enforcement Officers. Any person who resists or obstructs any duly authorized enforcement agent in the discharge of his or her duties under this chapter or regulations is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $250.00.

(13) Aiding and Abetting. Any person who knowingly aids and abets another person to engage in conduct which is unlawful under this chapter or regulation is guilty of an offense and upon conviction shall be sentenced to the same degree as if he or she had committed the primary offense.

(14) Gathering While Privilege Is Revoked. Any person who gathers while his or her gathering privilege is revoked is guilty of a civil offense, and upon judgment shall be subject to a minimum fine of $1,000 and shall have their gathering privileges revoked for two calendar years from the date the penalty is imposed.

(15) Failing to Appear or Respond. Any person who fails to appear and respond, as required by a civil or criminal citation, summons, subpoena or notice of hearing issued under this chapter, is guilty of an offense, and upon judgment or conviction shall be subject to a minimum fine of $1,000. [Res. 2020-12-039, 2020.]