17.50.040 Resolution of fishing hole disputes.
Disputes over set net fishing hole locations between eligible fishers are to be resolved among the parties. Fishing hole disputes that cannot be amicably resolved between the eligible fishers shall be resolved according to the procedures of this section.
(a) Fishing Hole Guidelines. The Cultural Committee has identified the following guidelines, which shall govern over any fishing hole dispute:
(1) A person may get or own a fishing right in or at a particular place by inheriting, by being gifted it, or by buying it.
(2) Not fishing in your fishing hole does not equal losing your fishing right. An individual can move away and still retain rights in his or her fishing hole when he or she returns.
(3) Buying or selling of land that contains a fishing hole does not mean that you have also bought or sold the fishing hole. The fishing hole is separate from land ownership unless specifically included in the transaction.
(4) There are two main rules for the proper course of action when finding someone fishing in your fishing hole. The first rule is the same as in YTC 17.50.030(b)(8), no fighting. The second rule is basically the same as in YTC 17.50.030(b)(7), except that the offending party should leave immediately and make payment upon leaving.
(b) Cultural Committee Selection of Knowledgeable Representatives. The Cultural Committee shall identify and select a group of approximately nine to 12 knowledgeable individuals to represent the fishery management areas under this title, with at least three knowledgeable individuals for each of the three management areas. A selected individual shall meet the following qualifications:
(1) Tribal member;
(2) Descendant of the fishing area he or she was selected to represent; and
(3) Recognized as a knowledgeable adult of the community for the particular fishing area he or she was selected to represent;
(4) A knowledgeable individual may, but is not required to be, a member of the Cultural Committee.
(c) Initiation of Dispute Resolution. A dispute may be brought to the Cultural Committee by one or more of the disputing parties, or the dispute may be referred to the Cultural Committee by the Council or Tribal Court.
(d) Selection of Dispute Resolution Panel. Once a dispute is brought before the Cultural Committee, the Cultural Committee shall select a three-member panel with knowledge of the particular section of the river at issue in the dispute. At least one panel member selected by the Cultural Committee must be a descendant of the specific fishing area under dispute. Each of the disputing parties may request that one individual be removed from the panel, but both parties must agree to that individual’s replacement.
(e) Hearing Procedures. Once the panel is selected, a hearing shall be scheduled. The parties shall be given notice, including the date, time, and location of the hearing, at least 10 days prior to the hearing date, unless the parties agree to waive the notice requirements. Hearing procedures shall comply with due process, but not necessarily formal rules of evidence, and shall meet the following guidelines:
(1) Each party shall select one person to represent the party. That person is the only person authorized to speak for the party at the hearing.
(2) Each party is responsible for presenting its case. The parties may present evidence, including maps and pictures of the location and witness testimony. If witness testimony is provided, the other party shall have an opportunity to cross-examine each witness. The panel may ask questions of the parties and the witnesses.
(3) Each of the disputing parties shall present their case to the panel separately in the order determined by the panel.
(4) The panel shall, after hearing both parties, meet and go over the evidence presented.
(5) The panel may ask either or both of the parties for clarification before making its recommendation. If the panel seeks clarification after the hearing has concluded, then it shall do so in writing, providing a copy of the request to the other party, and ensure that other party receives any response provided by the party from which the panel sought clarification.
(6) On the basis of the evidence presented at the hearing and within one week of the conclusion of the hearing, the panel shall make a recommendation to the Council and provide an explanation as to that recommendation. If the panel is not able to reach a majority decision, it may request additional clarification or schedule a subsequent hearing that shall be conducted in accordance with the guidelines of this section.
(f) Tribal Council Order. The Council shall receive and review the panel’s recommendation at its next regularly scheduled meeting, or at a special meeting called by the Council for such purpose. Council shall conduct its review of the panel’s recommendation in open session, unless one of the parties requests the Council to conduct the review in closed session. The Council may issue an order:
(1) Adopting the panel’s recommendation;
(2) Modifying the panel’s recommendation;
(3) Rejecting the panel’s recommendation and substituting its own determination; or
(4) Rejecting the panel’s recommendation and remanding to the panel with instructions for further consideration.
(g) Final Action. The Council order shall be considered a final action and may not be appealed to the Tribal Court. [Ord. 44 § 1904, adopted, 7/23/2015.]