7.11.190 Enforcement.
(1) Game Agents. Those agents appointed by the Samish Tribal Council under STC 7.10.170(1) shall have the authority to enforce the provisions of this chapter and all regulations promulgated hereunder.
(2) Cross-Deputization. Consistent with STC 7.10.170(2), the Tribal Council may enter into an agreement with another tribe, treaty council, or state, federal or county government providing for the cross-deputization of game agents and/or law enforcement officers.
(3) Search With or Without Warrant.
(a) A game agent may utilize standard law enforcement procedures to search without warrant any gear, vehicle, tent, camper, or any place or premises at or near a gathering site provided the agent has probable cause to believe that the site contains evidence of violations of this chapter.
(b) The Tribal Court may issue a search warrant and direct a search to be made in any place wherein it is alleged that any evidence of violation of this chapter or of the Tribe is concealed or kept. The game agent may secure such property pending approval of a search warrant, to prevent tampering with the property.
(4) Issuance of Civil Citation. The game agent shall issue a civil citation to an individual the agent has probable cause to believe has violated this chapter or a regulation.
(5) Seizure of Gathered Material.
(a) Upon issuance of a citation, the game agent may seize all gathered plant material which the agent has reasonable grounds to believe has been gathered by the alleged violator contrary to the provisions of this chapter or a regulation. A game agent may in addition seize any tools or other paraphernalia (including the gatherer’s vehicle) which the agent has reasonable grounds to believe has been used in the commission of a violation of this chapter or a regulation.
(b) A game agent who has seized gathered plant material, tools, or any other items pursuant to this section shall prepare a written inventory of all items seized which shall be signed by the game agent and the alleged violator. When unattended gathered material and/or tools are seized, the inventory shall be signed by the agent. In all cases, one copy of the inventory shall be filed with the Tribal Court, and one copy returned to the Samish Natural Resources Committee.
(c) All items, other than perishable plant material, seized pursuant to this section shall, as soon as practicable, be brought to the Tribal Office or other place designated by the Tribe for the storage of seized property. Seized property shall be stored in such a manner as to minimize damage to it and shall be held until disposed of pursuant to an order of the Tribal Court.
(d) Any person who has perishable plant material seized under the authority of this chapter may elect to have the material stored, pending the outcome of court proceedings, or to have the Natural Resources Committee dispose of the material for Tribal purposes. If the person is acquitted or charges are dismissed the material shall be returned or, if the material was disposed of by the Natural Resources Committee, the person shall be issued a permit to gather replacement plant material.
(6) Return of Non-Perishable Seized Property.
(a) Any person whose property has been seized under the authority of this chapter may apply immediately to the Tribal Court for release of said property if the Court determines that release is in the best interest of the resource. The Tribal Court shall expedite all hearing requests under this section.
(b) If the person whose property has been seized under the authority of this chapter is acquitted or charges against the person are dismissed, the Court shall order immediate return of the property.
(7) Forfeiture Procedures.
(a) When a person has been adjudged to have violated a provision of this chapter or a regulation, the court may order forfeiture of any items seized in connection with the violation. The violator shall be given the opportunity to present evidence and argument to the Tribal Court regarding why it would be inequitable to forfeit those items seized.
(b) In all cases where the owner of items seized is unknown, the Tribal Court shall have the power to order the forfeiture of any articles seized.
(c) The game agent who makes a seizure shall immediately post at prominent public locations on the reservation a notice describing the items and the time and place of seizure. The notice shall provide that persons wishing to claim articles must do so within 10 days after the notice is posted.
(d) If no one claims unmarked articles seized pursuant to this chapter within the time limit provided, the Natural Resources Committee may dispose of it. Any proceeds from disposition of the property shall be turned over to the Tribe.
(e) If a person does claim unmarked articles seized by a game agent, the Tribal Court shall hold an expedited hearing to determine whether the property shall be returned to the owner, as provided in subsection (6) of this section.
(8) Disposition of Forfeited Property. In the event the Tribal Court orders forfeiture of articles seized, the articles shall be turned over to the Natural Resources Committee for the use and benefit of the Tribe. Any items or proceeds not forfeited by the order of the Tribal Court shall be returned to the person from whom seized, after the completion of the case and after the fines, if any, have been paid.
(9) Citation to Tribal Court.
(a) All persons charged with a violation of this chapter or a regulation shall be cited to appear and answer said charges before the Tribal Court.
(b) Failure to appear in Tribal Court shall constitute a separate offense and shall be punishable as any other violation of this chapter.
(c) Failure to comply with a Tribal Court order shall constitute a separate offense and shall be punishable as any other violation of this chapter. [Res. 2020-12-039, 2020.]