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“Adjustment” means a pre-season or in-season adjustment to Tribal fishery resource management.

“Amended fishing rights ordinance” means the Yurok Tribal fishing rights ordinance originally adopted on June 4, 1996, amended on June 7, 1996, amended on July 11, 1996, amended on October 7, 1998, amended on July 7, 1999, and amended on July 18, 2007, and in effect immediately preceding the effective date of this amendment and restatement.

“Anadromous fish” means all species, stocks and races of salmon, steelhead, cutthroat trout, eulachon, sturgeon, eel, or other species of anadromous fish as that term is commonly defined.

“Angling or pole fishing” means the taking or attempted taking of fish by hook and line, usually attached to a rod, with the line closely attended in such a manner that the fish voluntarily takes the hook in its mouth.

“Assist” means providing aid to an eligible fisher in placing, checking, or removing fishing gear from the water, removing any fish caught with the gear, or being in the boat while fishing.

“Barter” means the exchange of goods or productive services for other goods or productive services without the use of money or monetary equivalents such as gift cards.

“Ceremony” means a gathering consisting principally of Yurok Indians for any solemn, religious or cultural observance on a traditional basis, including funerals.

“Channel” means the deeper part of the Klamath River, which generally includes the main waterflow course within the Klamath River.

“Chute” means the narrow portion of the Klamath River estuary where the river passes through the sand spit to meet the ocean.

“Clip” means the complete removal of the dorsal fin of a salmon or steelhead to within one-half inch of the fish’s back.

“Clipped fish” means a fish that has had its dorsal fin clipped.

“Closed” or “closure” refers to waters or areas closed to one or more methods of Tribal fishing for a specified period unless otherwise authorized.

“Commercial fish” means any Chinook salmon, or part of such fish, taken within the commercial zone, during the commercial season, by a commercial fisher having a commercial buoy on the net, and handled according to the quality control requirements and other commercial regulations laid out in this title.

“Commercial fisher” means an eligible fisher certified for commercial fishing.

“Commercial fishing” means fishing with the intent to use any fish taken, or part of such fish, for commercial use.

“Commercial fishing rights” means the privilege of eligible fishers to fish during a commercial season regulated pursuant to this title.

“Commercial use” means an income-generating use, such as sale, trade, or exchange for money, gift cards, or other type of income, but does not include barter or subsistence use.

“Commercial use permit” means a Find Own Market or value added permit.

“Commercial zone” is the part of the estuary above the downstream boundary and below the Highway 101 bridge, excluding all sloughs.

“Council” or “Tribal Council” means the Yurok Tribal Council.

“Cultural Committee” means the Yurok Tribe Cultural Committee with representatives designated by Council.

“Dip net” or “trigger net” means a section of netting distended by a rigid frame operated by hand.

“Drift net” means a gillnet which is not staked, anchored or weighted but drifts free, including a throw net.

“Eel” means Pacific lamprey, an anadromous fish.

“Eel basket” or “eel trap” means a piece of fishing gear, which can be made from traditional or nontraditional materials such as wire mesh, consisting of a trap made specifically for catching eel.

“Eel hook” means a hook attached to a pole used for catching eels and may be made of traditional or nontraditional materials.

“Eligible fisher” means any Yurok Tribal member who is determined to be eligible in accordance with Chapter 17.10 YTC.

“Enforcement officer” means a Yurok Tribe Department of Public Safety Officer or warden, or a person designated by the Yurok Tribal Council to enforce this title.

“Fish” or “fishing” means the fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any fish.

“Fish monitor” means Yurok Tribal staff hired to monitor the Tribal fishery harvest.

“Fisher” means any person, including Yurok Tribal members and non-Tribal members, who participates in or uses resources from the Tribal fishery.

“Fisher identification card” or “identification card” means a Tribal identification card issued by the Yurok Tribe to a Tribal member, and includes the name, address, birthdate, color of hair, color of eyes, height, weight, identification number, and photograph of the Tribal member.

“Fishing gear” or “gear” means any net, seine, hook and line, boat, trailer, vehicle, gun or other apparatus used for taking, attempting to take, or transporting fish.

“FOM” means Find Own Market.

“FRO” means the Yurok Tribal fishing rights ordinance.

“Gillnet” means a flat net suspended vertically in the water with meshes that allow the head of the fish to pass through and become entangled and includes set nets, drift nets, and throw nets.

“Guide” means a Yurok Tribal member certified by the Yurok Tribe and authorized to act as a guide for the Tribal Guide Fishery.

“HMP” means harvest management plan.

“Indian” means an enrolled member of a federally recognized Indian tribe.

“Identification number” means the identification number assigned by the Yurok Tribe to a Yurok Tribal member.

“Ineligible fisher” means a person who is not an eligible fisher, including nonmember Indians and non-Tribal members.

“Marine mammal” means all species of seals, sea lions, otters, whales and such other species as defined by the Marine Mammal Protection Act, 16 U.S.C. § 1361 et seq.

“Natural resources committee” means the Yurok Tribe natural resources committee with representatives designated by Council.

“Nonmember Indian” means a person who is a member of a federally recognized tribe and is not a Yurok Tribal member.

“Non-Tribal member” means nonmember Indians and non-Indians.

“Participate in a fishery” means to take part or engage in a fishery, including fishing or assisting another with fishing in that fishery.

“Reservation” or “Yurok Reservation” means all lands within the exterior boundaries of the Yurok Reservation.

“River” means the wetted area from bank to bank of the Klamath River.

“Secretary” means the Secretary of the Interior or his or her designated representative.

“Set net” means a gillnet that is staked, anchored, or weighted on at least one end so that it does not drift free.

“Snag gear” means any hooking implement to catch or hold fish, with or without handles, making possible the taking of fish in such a manner that the fish does not take the hook voluntarily in its mouth.

“Subsistence fish” means any fish, or part of such fish, taken for subsistence use and as further defined in this title.

“Subsistence fishing” means fishing with the intent to use any fish taken for subsistence use.

“Subsistence use” means use for either:

(1) Direct personal, family, or community consumption for food or barter; or

(2) Trade or sale to a Yurok Tribal member for direct personal, family, or community consumption as food; or

(3) The Elders’ Fishery.

“Take” means the pursuing, capturing, harvesting or the attempted pursuit, capture or harvest of fish.

“Throw net” means a gillnet without an anchor that is no more than 30 feet in length and is placed in the water by throwing from shore.

“Trade” means the act or business of buying or selling for money or a monetary equivalent such as gift cards.

“Traditional use” means a long-established, consistent pattern of use, incorporating Yurok beliefs and customs which have been transmitted from generation to generation, including trade, barter, and uses for cultural, ceremonial, religious, subsistence, and other traditional practices.

“Transporting fish” means taking or carrying fish from one place to another by means of a vehicle, including a boat, and includes moving fish more than 25 feet from the wetted channel of the Klamath River, having fish on a road, or moving fish on land more than 200 feet from the fishing site.

“Tribal allocation” means that number and type of fish allocated from the Tribal fishery to the Yurok Tribe pursuant to the Magnuson-Stevens Fishery Conservation and Management Act.

“Tribal Court” means the Yurok Tribal Court, which was established by Chapter 1.10 YTC, Judicial Branch.

“Tribal fishery” means the Klamath River Indian fishery within the exterior boundaries of the Yurok Reservation, including the subsistence and commercial fisheries regulated by this title.

“Tribal fishery resource” means any anadromous fish or freshwater fish species found within the Yurok Reservation, but excluding marine species.

“Tribal member” or “Yurok Tribal member” means a duly enrolled member of the Yurok Tribe listed on the Yurok Tribal membership roll. [Ord. 44 § 1011, adopted, 7/23/2015.]