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(a) A non-Tribal member may not participate in the Klamath River fishery within the Yurok Reservation, including the subsistence, commercial, or Tribal Guide Fisheries, except in compliance with any of the following:

(1) A nonmember Indian may fish for eel on the Yurok Reservation if the nonmember Indian obtains a fishing license from the Yurok Tribe in accordance with YTC 17.35.070 and abides by the restrictions on that license and applicable California state fishing regulations. Any eel taken pursuant to this subsection is not part of the Klamath River Indian or Tribal fishery and instead is part of the California non­Indian fishery.

(2) A non-Indian may fish within the Yurok Reservation if the non-Indian obtains a California state fishing license, abides by all California state fishing regulations applicable to non-Indians, and does not assert that such fishing is pursuant to any federal reserved or aboriginal fishing right. Any fish taken pursuant to this subsection is not part of the Klamath River Indian or Tribal fishery and instead is part of the California non-Indian fishery.

(3) A non-Tribal member may fish within the Yurok Reservation if the non-Tribal member obtains a fishing license from the Yurok Tribe in accordance with YTC 17.35.070 and meets all other requirements for participation in the Tribal Guide Fishery.

(4) Nonmember Indians may take only up to five eels per day and shall only use an eel hook to fish for eels.

(5) If approved in advance by the Tribal Council, nonmember Indians may take in excess of the five-eel limit for purposes of trading with Yurok or other nonmember Indians.

(6) According to traditional Yurok fishing custom, only males may fish for eels. Therefore, only males will be issued Yurok fishing licenses to take eels.

(b) A person commits a level two offense if the person violates this section. A nonmember Indian who fishes for eel in violation of this section additionally shall be suspended for one year from eel fishing on the Yurok Reservation. [Ord. 44 § 1102, adopted, 7/23/2015.]