Pleasant Point Passamaquoddy Tribal Government

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SIPAYIKBARE BONESNEWS  251st Edition

 

JOB OPENINGS

 

Maine Indian Education - Business Manager: The Maine Indian Education is seeking a business manager. The candidate will be responsible providing sound fiscal management in the operation of the three district (Indian Island, Indian Township, and Pleasant Point) schools and the office of the superintendent's financial matters - budgets, annual reports, applying and reporting of federal and state grants, and other duties. Education requirements are bachelor's degree in accounting, four to five years of experience in a similar position, strong background in school financing, and experience with ADS (Advanced Data System) software and Microsoft. To view this job description please sees the job board at the Tribal Office Building. Application is available online at http://www.mie.bie.edu/ Accepting applications until a suitable candidate.

 

Archivist/Special Collections: The University of Maine Library is seeking an archivist/special collections worker. This is a 12-month, full-time position, with an excellent benefits package. Salary range is $40,461 to $45,000 depending on qualifications. To view this job or other jobs available at the University of Maine please log onto http://jobs.maine.edu and select All Job Postings on the right hand side. This also states how to apply for this job and others.

 

UP-COMING PUBLIC MEETINGS, EVENTS, OR INFORMATION

 

Merry Christmas and Happy New Year from all the Tribal facilities (Tribal Office, Health Center, Youth and Rec, Housing Authority, Police Department, Public Works, EMS, Fire Department, and Waste Water). We welcome 2014 with great hope, love, and courage that this year coming will be a great year for all of us. God bless and Tahu.

 

No Meeting Date: The continuation meeting of the Joint Tribal Council has not been set yet and may not continue till January. Just an update. If this changes I will be sure to notify.

 

No Newsletter: Barebones would like to wish you and your family the best over this holiday season. We will not run a newsletter for the next two weeks due to the holidays.

 

Up Coming Closures: All Tribal facilities will be closed for the upcoming holidays: Christmas and New Years Eve. Please make sure all Tribal business and prescriptions are filled prior to the closings on December 24-26 (Christmas Closure) and December 31 through January 2 (New Years Eve) closures. Just a reminder so you can plan ahead. Woliwon.

 

December 2013 Youth and Rec Christmas Party: The Youth and Rec is announcing the 2013 Christmas party is being held in the bingo hall at the Youth Center on Monday December 23, 2013 at 5:30. There will be a dinner as well. Remember to come and bring your family to see Santa!! The Youth and Rec is also accepting donations of toys for children, if wrapped please write age or gender on the tag, and also any cash donations to help with costs. If you have any questions, please contact Joe McLaughlin at Youth and Rec at 853-6161 or cell 214-6715.

 

January 3, 2014 Fisheries & Public Hearing – Indian Township: There will be a Fisheries meeting at Indian Township on Friday January 3, 2014 at Indian Township starting at 2 pm. Following the meeting there will be a public hearing on 2014 Fisheries Recommendations at Indian Township as well starting at 4 pm on January 3, 2014.

 

January 6, 2014 Public Hearing on 2014 Fisheries Recommendations – Pleasant Point: On Monday January 6, 2014 starting at 5 pm on the 2014 Fisheries Recommendations.

 

Housing Authority Update: LIHEAP – Approved applicants may call their vendor starting Monday December 16, 2013. By that time your approved amount will be in their computer. Anyone who has not applied yet needs to come in as soon as possible to do their applications.

 

Winter Mass: Winter Mass Schedule begins: Mass at St. Ann’s Pleasant Point will be every Sunday starting at 5 pm. All are welcome. Volunteers needed to decorate Saint Ann’s Church:  We will set up the manger and the Christmas tree, Hang the wreaths, place the poinsettias.  Sunday December 22nd after the 5 p.m.  Mass.  We will order pizza so we can eat and work.  Many hands will make the church beautiful.  Christmas Eve Mass is the 24th at 9:30 p.m.  

 

COMMUNITY REQUEST & EARLY NOTICE:

 

Would like to receive a newsletter from our Tribal Rep? If anyone would like to receive a newsletter from Madonna Soctomah – Passamaquoddy Tribal Representative, please call her at 904-7580 or 853-2985.

 

Christmas Canoe Raffle Winner: We will like to thank everyone that purchased tickets. We raised $350 for the Christmas Party of the Youth and Rec. Congratulations to Alice Tomah who won the canoe!! Merry Christmas to all the kids.

 

Cobscook Community High School Program: Apply today for the second semester. 8-credit year program through Calais HS, based at the CCLC’s campus in Trescott, individualized and small groups, blend of academics and real world experience. Examples of the second semester projects: snowpack, climate change study w/UMO, 10-day Washington DC expedition, trail development, pottery explorations, and more. Call or apply online at www.cclc.me For questions, please call 207-733-2233

 

Foster Homes Needed: Social Services Department Request: The Social Services Department is looking for homes on the reservation that could become prospective foster homes for children in the care and custody of the Tribe. If you think you are willing to give the children on reservation a chance to stay in their community, please call 853-2600 ext. 264. There is a process to becoming a licensed foster home. Application, background check, medical release and references are some of the requirements.

 

2014 Calendars Available: Come get your 2014 Calendars while they last!! $12 per calendar and you can pick one up at the front desk of Tribal Office Building. Thank you Donald. Great idea for Christmas!!

 

Knives for Sale: Looking for a unique Christmas present for the special someone well look no further than Richard Keezer’s residence. He has a variety of knives, sharpeners, letter openers, and other items available for purchase just in time for Christmas, just stop on by his house.

 

Passamaquoddy: Nipayimiyewikotok. At Christmastime.

 

Fisheries Advisory Committee

Recommendations

Because the absence of organized tribal fisheries administrative and enforcement capacity has contributed to inconsistent interpretations of tribal, federal and state laws and

Because inconsistent interpretation of permitting, reporting, and administrative procedure has contributed to stressful and confusing situations within tribal communities and

Because the absence of organized fisheries enforcement capacity has resulted in several unresolved incidents relating to gear conflict, fraudulent activities, acts of violence, theft, destruction of property, non-reporting and economic exploitation of tribal members, and

Because cultural and economic interests of tribal members and future generations require that access to marine resources be pursued in a safe and responsible manner and

Because the taking of Katehsis (Glass Eels) through the use of Fyke nets and other fixed gear devices constitutes exploitation of marine organisms in a manner  inconsistent with Passamaquoddy cultural history based responsible stewardship objectives, and

Because it is in the long term cultural and economic interests of tribal members and future generations, that the Passamaquoddy joint tribal council cooperate whenever possible with other jurisdictions to ensure sustainability of the Katiyik (American Eel) resource, and

Because the Passamaquoddy tribe has entered into fisheries cooperation and trade agreements intended to strengthen cultural, economic and political ties with other tribal nations and

In accordance with; the Passamaquoddy Joint Tribal Council fisheries management plan Section 1.7 C. “Committee report. Based upon this and other relevant information the committee shall prepare and present its report containing recommendations for consideration by the Joint Tribal Council (JTC) within 30 days of completion of the committee assessment. Whether or not the committee assessment was initiated upon receipt of a department report,

If the department does not provide a report in accordance with the administrative procedures of 1.7., B of this part, the committee may recommend adjustments to management measures to the Joint Tribal Council at any time to protect the resource and or to improve safety. “

Recommendation 1: the establishment of fisheries departmental administrative capacity with responsibility for the development and implementation of the Passamaquoddy fisheries management plan, and for development of recommendations for the establishment of a fisheries enforcement capacity for purposes of enforcing provisions of the Passamaquoddy fisheries management plan;

 

Recommendation 2: Committee recommendations for the use of Fyke nets in a manner not inconsistent with Passamaquoddy responsible stewardship objectives shall be submitted on or before the conclusion of the 2016 commercial Katehsis (Glass Eel) season. 

Recommendation 3: a three year moratorium on the use of Fyke nets or any type of trap and or fixed gear capable of catching and retaining large amounts of Katehsis (Glass Eels)

 

Recommendation 4: the Passamaquoddy dip net only fishery remain open seven days per week until such time as the Passamaquoddy Total Allowable Catch (TAC) has been met

 

Recommendation 5: Passamaquoddy Katiyik (American Eel) fishing areas are amended to establish two management areas between the Scoodic (St Croix) river and Piscataqua Rivers and the Native American Eel fishing area described in the draft revised plan.

 

Recommendation 6: area election requirements are reinstated to reflect that persons must conduct commercial Katehsis fishing within an elected American Eel fishing area.

 

Recommendation 7: the fee for a commercial Katehsis (Glass Eel) dip net fishing permit shall be   $50.00 per person, except that there will be no fee for tribal members 65 years of age or older.

 

Recommendation 8: suspension provisions for repeated noncompliance with reporting requirements become mandatory and not subject to reinstatement within the permit year.

 

Recommendation 9: it shall be considered a civil violation for any person (who is not the permit holder), to reproduce, distribute, disseminate or otherwise make known any information or part contained within any Passamaquoddy commercial fishing landings reports to any party without authorization by the department.

Part 5:

Katiyik (American Eel) Management; as amended reflects the above recommendations,

Section 5.1 Purpose: the Passamaquoddy joint tribal council has determined that it remains vital to the cultural and economic interests of tribal members and future generations that the rights and responsibilities of tribal members be maintained through cultural history and traditional knowledge based responsible stewardship objectives and that it is not sufficient to merely comply with or adopt morally flawed management approaches of newcomer governments and that

  1. The adoption of state and regional management mechanisms which promote the industrial exploitation of living marine organisms for commercial and recreational purposes is contrary to the manner in which Passamaquoddy utilization of marine resources has been carried out for more than a hundred generations.

 

  1. The harvest of Katehsis (Glass Eels) by members of the Passamaquoddy Tribe is a vital cultural and economic activity necessitating the establishment of provisions for the taking of Katiyik for ceremonial, commercial and subsistence purposes.

 

  1. The policies set forth herein institute a regulatory system to safeguard against depletion of Katiyik (American Eel) populations and simultaneously empower tribal members to participate in a harvest that produces cultural and economic benefits through responsible stewardship on an individual and community basis. 

Section 5.2:  Commercial taking of Katiyik, (American Eels) Prohibited: Except as authorized by this Part, no person may take or possess Katiyik (American Eels) in excess of four (4”) inches in total body length,

A.     Silver Eels, moratorium: the taking of Silver Eels for any purpose shall be prohibited within all Passamaquoddy and Native American Eel management areas. For purposes of this section; Part 5 Katiyik (American Eel) management shall be amended to include the following definition of taking Katiyik (Silver Eels) to mean;

 

1.      The catching, taking, possessing or by any means removing Silver Eels from within their natural habitat or

 

2.      Damaging, injuring or killing Silver Eels through direct or indirect human industrial activity resulting in any adverse impact upon the life cycle of Katiyik (Silver Eels).

 

B.     Yellow Eels, restrictions on taking: The taking of Yellow Eels for sustenance and ceremonial purposes shall be authorized under the following conditions.

 

1.      The minimum length authorized for the taking of Yellow Eels shall be18 inches.

 

2.      The taking of Yellow Eels below the head of tide in all management areas shall be prohibited from January 1 through May 31st of any calendar year.

 

3.      The taking of Yellow Eels for sustenance purposes shall be conducted through the use of Eel traps approved by the Passamaquoddy Fisheries department, provided

 

4.      Such Eel traps are designed to enable the release of juvenile American Eels unharmed into the waters where sustenance yellow Eel fishing takes place.

Section 5.3: Authorized Taking, use:  Any tribal member, whose license or permit to harvest marine resources is not under revocation or suspension by the Passamaquoddy tribe, is eligible to engage in sustenance or ceremonial taking of Yellow Eels under the following conditions.

A.     Sustenance Fishing: The daily sustenance take and possession limit shall not exceed the equivalent of two 2 Yellow Eels, no less than eighteen (18) inches in total body length, per each member of the permit holder’s household, The total take limit established under this subsection shall be identified on the permit.

 

B.     Ceremonial Purposes:  Yellow Eels taken for consumption at a private ceremony, shall not exceed one Yellow Eel, no less than (18) inches in length, per person attending, for a public ceremony the total number of yellow Eels authorized to be taken shall be established by the Department upon consultation with the applicant(s).

 

C.      Educational Purposes:  Any tribal member, whose license or permit is not under suspension or revocation by the Passamaquoddy Tribe, may apply for a permit to take Silver Eels for educational purposes in accordance with the experimental fisheries provisions of the Passamaquoddy Fisheries Management Plan, provided that

 

1.      Silver Eels taken for educational purposes shall be returned by the permit holder alive to the waters where such Eels were taken, except that Yellow Eels in excess of eighteen (18) inches in length, taken for educational and/or research purposes under a permit issued by the Department, may be used for sustenance or communal purposes upon written direction by any tribal Sakom, so long as the written request is provided prior to the taking, or

 

2.      Written request made to any member of the Passamaquoddy tribal council, or the Chair or Vice Chair of the Committee, so long as the request is provided to the Department prior to issuance of the permit.

Section 5.4: Mandatory reporting, renewals, confidentiality:  A member of the Passamaquoddy Tribe applying to renew any Katiyik (American Eel) sustenance or commercial  fishing license/permit shall be required to submit any outstanding commercial fishery landings reports prior to being issued a new fishing license/permit and shall

 

  1. be required to submit a Passamaquoddy commercial fishery landings report no later than 5:00 pm on each Monday following any day in which the commercial taking of Katehsis (Glass Eels) is authorized provided that

 

  1. Reports submitted by US Mail are post marked prior to 5:00 PM on the Monday upon which a Passamaquoddy commercial fishery landings report was due.

 

  1. Information contained in the commercial fisheries landings report shall be considered confidential and may not be reproduced, copied, transmitted or otherwise disseminated to any individual(s) or parties in any manner without the express written authorization of the license/permit holder completing the report, except that

 

1.      Persons acting in an official departmental capacity or on behalf of the committee for purposes of cooperating with regulatory and law enforcement agencies.

 

2.      The unauthorized reproduction, transmission or dissemination of information contained in commercial fisheries landings reports or any part therein, shall be considered a civil offense under the Passamaquoddy fisheries management plan

 

Section 5.5 Mandatory suspension: a person who fails to submit a commercial fisheries landings reports within seven days after the Monday on which the report was initially due, shall be subject to administrative suspension of their commercial Katehsis (Glass Eel) fishing license/permit for the remainder of the commercial fishing year, provided

 

A.      A person whose commercial fishing license/permit is subject to administrative suspension under Section 5.5 shall be provided written notice of the suspension, delivered in hand or to the mailing address listed on that persons application

 

B.      A person whose commercial fishing license/permit is subject to an administrative suspension under Section 5.5, A. may appeal in writing to the committee for a hearing to consider extenuating circumstances, except that no commercial fishing permit may be reinstated without compliance with mandatory reporting requirements established under Section 5.4, A and B, of this part.

 

C.      All hearings of appeal requested in accordance with Section 5.5 B, must be heard by a majority of fisheries advisory committee members within seven days from the date of written request.

 

D.     Any commercial fishing license/permit subject to an administrative suspension shall be deemed to be involuntarily surrendered and subject to immediate forfeiture by an authorized law enforcement officer.

 

Section 5.6 Commercial taking: Any member of the Passamaquoddy tribe whose commercial fishing license/permit is not under suspension or revocation and who does not possess a sustenance or commercial American Eels, “Elvers” or Glass Eel fishing permit issued by another issuing authority may apply for a Passamaquoddy commercial Katehsis (Glass Eel) Dip Net fishing license/permit. Nothing in this part is intended to prohibit a member of the Passamaquoddy Tribe from engaging in the commercial taking of Glass Eels or American Eels under a license or permit issued by another issuing authority, provided

  1. The commercial taking of American Eels, “Elvers” or Glass Eels under a license or permit issued by another issuing authority is conducted within the jurisdiction of that issuing authority, and

 

  1. the commercial taking of American Eels, “Elvers” or Glass Eels by a member of the Passamaquoddy Tribe under a license or permit issued by another issuing authority does not coincide with the commercial taking of Katehsis (Glass Eels) under license/permit issued by the Passamaquoddy tribe and

 

  1. For purposes of this part, the term “other issuing authority” includes the government of any state, province or country including and any federally recognized Native American band, tribe or nation, including bands, tribes or nations with whom the Passamaquoddy tribe has executed fisheries cooperation and trade agreements.

 

  1. A member of the Passamaquoddy Tribe who is also a member of another band, tribe or nation whose American Eel, “Elver” or Glass Eel fishing license/permit is under suspension or revocation by such other band, tribe or nation shall not be eligible to apply for or receive a Passamaquoddy sustenance Katiyik (American Eel) or commercial Katehsis (Glass Eel) fishing license/permit.

Section 5.7 Total Allowable Catch (TAC): The Passamaquoddy Total Allowable Catch (TAC) limit of (1.6. mt) 3,600 lbs. for the 2014 Passamaquoddy commercial Katehsis (Glass Eels) fishery. The established TAC of 1.6 mt is applicable to all Katiyik, (American Eel) management areas (inclusive) established under Section 5.7 of this part, provided

A.      Any band, tribe or nation entering into a fisheries cooperation and trade agreement with the Passamaquoddy tribe may access commercial Katehsis fisheries under the Passamaquoddy TAC provided such agreement authorizes co management of Katiyik under all provisions incorporated in Part 5 Katiyik (American Eel) management.

 

B.      The Committee shall be responsible for monitoring TAC limits by, reviewing daily, weekly and monthly landings data, information and reports, including input from law enforcement officials, tribal Katehsis fishers, Glass Eel buyers, dealers and distributors.

 

Section 5.8 Fee schedule, management fund, exemption: The fee for a Passamaquoddy commercial Katehsis (Glass Eel)Dip Net fishing license/permit shall be $50.00 exception; no fee for persons 65 years of age and older or for persons under 16 yrs. of age.

A.      The Passamaquoddy Fisheries Management Fund is established for the management of Katiyik (American Eels) through programs designed to protect Katiyik (American Eels) while promoting economic activity, cultural awareness and healthy living

 

B.      All fees collected for American Eel fishing permits shall be maintained in the fisheries management fund, the balance of which shall be utilized only through appropriation authorized by the Fisheries Advisory Committee.

Section 5.9 Katiyik (American Eel) fishing areas, election, and seasons: The following Katiyik (American Eel) fishing areas are established for the purpose of managing the taking of Katiyik (American Eels) within certain geographic areas of the coastline under license/permit issued by the Passamaquoddy joint tribal council or its designated agent.

A.      Members of the Passamaquoddy Tribe applying for a commercial Katehsis (Glass Eel) fishing license/permit, shall elect into one Katiyik (American Eel) fishing area.

 

B.      Once a member of the Passamaquoddy Tribe has elected into a Passamaquoddy Katiyik (American Eel) fishing area identified on an application for a Passamaquoddy commercial Katehsis (Glass Eel) fishing license/permit, that member may not transfer into another Passamaquoddy Katiyik (American Eel) fishing area during the same year

 

C.      A member of the Passamaquoddy Tribe, who has elected into a Passamaquoddy Katiyik (American Eel) fishing area, may transfer into a maximum of one other Passamaquoddy Katiyik (American Eel) fishing area within seven calendar days from initial election into an area upon completion of an area Transfer application subject to the reporting requirements established under Section 5.4 of this part without exception

 

D.     Passamaquoddy Katiyik (American Eel) fishing area 1 shall consist of the area commencing at the Preau River and extending to the area on the East shore of the Scoodic (St. Croix) River that is determined by the St Croix Scoodic Band to represent the range of Katiyik on the East Shore of the Scoodic River and shall include all rivers, branches of rivers, streams, brooks, estuaries and other bodies of water therein constituting American Eel habitat.

 

E.      Passamaquoddy Katiyik (American Eel) fishing area 2 shall consist of the area commencing on the Western shore of the Scoodic (St Croix) River, one hundred fifty feet (150’) below the falls at the head of tide, as identified in Resolves of the General Court of Massachusetts dated February 10, 1795 and shall include all areas below the head of tide on all rivers, branches of rivers, streams, brooks, estuaries and other Eel fishing areas therein to the head of tide at Atlantic Point in Rockland Maine.

 

F.      Passamaquoddy Katiyik (American Eel) fishing area 3 shall commence at the area below the head of tide on Atlantic Point in Rockland Maine to the area below the head of tide on the east shore of the Piscataqua River and shall include all areas below the head of tide on all rivers, branches of rivers, streams, brooks, estuaries and other Eel fishing areas therein.

 

G.      Native American Eel fishing area 4 shall commence at the head of tide on the west shore of the Piscataqua River, to the area below the head of tide at Groton, Long Point Connecticut, including Fishers Island and all areas below the head of tide on all rivers, branches of rivers, streams, brooks, estuaries and other fishing areas therein.

 

H.     Native American Eel fishing area 5 shall commence at the head of tide at Groton Long Point excluding Fishers Island to the area below the head of tide on the east shore of the Hudson River and shall include all areas below the head of tide on all rivers, branches of rivers, streams, brooks, estuaries and other fishing areas therein.

Section 5.10 Prohibited acts, equipment/restrictions, over fishing: It shall be a violation of this Part for any person to engage in activities described herein without express authorization of the Department.

A.      No person issued any Passamaquoddy commercial fishing license/permit may possess, transport, set or deploy at, near or below the head of tide a Fyke Net or fixed gear device capable of catching and retaining Katiyik in any manner at any location within any river, branches of a river, stream, brooks, estuaries and other fishing areas.

 

B.      No person may build or use an artificial platform to fish for Katehsis (Glass Eels). This subsection does not prohibit fishing for Katehsis (Glass Eels) from any piers or floats established for purposes other than commercial Katehsis (Glass Eel) fishing.

 

C.      Any member of the Passamaquoddy tribe whether or not that person is the holder of a commercial fishing permit found be in possession of a Fyke net or Sheldon eel trap or any fixed gear trap or device capable of catching or retaining Katiyik (American Eels) at or near the high water mark of any Katiyik (American Eel) fishing area to shall be deemed to be engaged in over fishing through the use of prohibited equipment

 

D.     Any net, trap or device capable of catching or retaining Eels and determined by a law enforcement officer to be in violation of this section shall be subject to forfeiture,

 

E.      The Department shall not return a commercial fishing net or device forfeited in accordance with the preceding to the person(s) from whom the commercial fishing net(s) or device(s) were confiscated unless the Passamaquoddy Tribal Court reaches a finding of not guilty for the alleged violation.

 

F.      Commercial fishing nets and devices forfeited in accordance with this section shall be placed in secure storage by the department to be destroyed only upon adjudication by the Tribal Court.

Section 5.11 Damaging, molesting, tampering with, or obstructing fishing gear: No member of the Passamaquoddy tribe, may damage, molest, move, obstruct, tamper with, tend, or cause another to damage, molest, move, obstruct, tamper with or tend a Fyke Net without being authorized to do so by the Passamaquoddy Joint Tribal Council.

A.      For purposes of this section, damaging, molesting, moving, obstructing, tampering with or tending a Fyke Net shall include but is not limited to, the act of altering the performance of a Fyke Net belonging to another whether the Fyke net is tagged or not.

 

B.      lifting a Fyke net for the purposes of checking or emptying the contents of a Fyke net or Altering the performance of a Fyke Net by damaging a Fyke Net, setting a Fyke Net, or placing an obstruction on or near a Fyke Net in a manner that interferes with the operation of a Fyke Net, except

 

C.      It shall not be considered a violation of this Part for the holder of a Passamaquoddy commercial Katehsis (Glass Eel) Dip Net fishing license/permit to aid the holder of a commercial Elver fishing license/permit in tending a Fyke Net, provided the persons to whom assistance is being provided owns the Fyke Net to be tended and is present.

Section 5.12 Restrictions on the use of Dip Nets: It shall be a violation of this section for a person, to take Katehsis (Glass Eels) through the use of a Dip Net under the following;

A.      From a watercraft except that a watercraft may be used to transport Dip Nets including any Katehsis (Glass Eels) less than four inches (4”) in total body length

 

B.      Within a minimum distance of six feet (6’) of any Fyke Net in any direction, if he handle of a dip net exceeds six feet (6)’ then the minimum distance from a Fyke Net in which the Dip Net may be used shall be determined by the overall length of the Dip Net including the hooped or circular portion of the Dip Net.

Section 5.13 Fines and other penalties: In addition to the mandatory license suspension provisions under this Part, a person who has been convicted of a violation of subsection 5.10 and 5.11 shall be assessed:

A.      a mandatory minimum fine of $500.00 for each of up to three convictions for violations occurring within the same fishing season;

 

B.      a mandatory minimum fine of $1,000.00 for each conviction for a violation of subsection 5.10 totaling more than three violations within the same fishing year; and

 

C.      a minimum mandatory fine of $ 5,000 for each of 5 or more violations of Section 5.10 occurring thereafter within the same fishing year.

Section 5.14 Penalties for fishing out of area/season: A permit holder convicted of fishing outside the Passamaquoddy Katiyik (American Eel) fishing Area elected on the permit holder’s application

A.      Shall be subject to a fine of not less than $500.00 for each offense for which they have been found guilty by the Passamaquoddy Tribal Court.

 

B.      In addition to the mandatory minimum fines established under section 5.13 and 5.14 of this part, a person convicted of violations of Section 5.14 shall be subject to suspension of all Passamaquoddy fishing license/permits for one year per each violation.

Section 5.15 Penalty for illegal possession: Eels found by a law enforcement officer to be in the possession of any tribal member in violation of this Part shall be considered contraband and subject to seizure and shall be immediately released unharmed into the waters from which they were taken or within suitable Katiyik (American Eel) habitat and

A.      A tribal member convicted in the Passamaquoddy Tribal Court for the unauthorized possession of Katiyik (American Eels) in excess of four (4) inches in total body length shall be subject to a fine based upon the following formula:

 

B.      The Passamaquoddy Tribal Court shall determine the total weight of contraband Eels held in violation of this Part, by rounding to the nearest whole pound, and multiply that number by $100.  The fine to be imposed by the court shall be the product of the weight and $100 for each pound of contraband Eels held in violation of this Part.

 

C.      Example: if a person is convicted by the Passamaquoddy Tribal Court for possession of five pounds of Eels in excess of 4 inches in total body length, the court shall calculate the fine to be $500.00 for each pound of eels and the person shall be liable for a fine of $2,500.

 

D.     It shall not be considered a violation of this section when a person engaged in commercial Dip Net fishing, immediately releases Katiyik (American Eels) in excess of 4” inches in total body length unharmed into the waters from where were taken

 

1.      For purposes of this section the term immediately releases means; the immediate release upon capture and prior to placement into containers used to hold, store or transport Katehsis (Glass Eels)

Section 5.16 Criminal violation, mandatory suspension, and revocation: A violation of subsection 5.10, 5.14, 5.15 and 5.17 shall be a criminal offense for which the Passamaquoddy Tribal Court has criminal jurisdiction.

A.      Upon conviction for violation of sections 5.10, 5.14, 5.15 and 5.17 the Passamaquoddy Tribal Court shall suspend the guilty party’s right to apply for and obtain any Passamaquoddy Salt Water hunting, fishing and gathering licenses/permit, 

  

B.      for a period of one year for each of up to three violations of Sections 5.10, 5.14, 5.15 and 5.17 occurring within the same fishing year, and

 

C.      For a period of five years for each of any more than three violations of sections 5.10, 5.14, 5.15 and 5.17 occurring within the same fishing year.

 

D.     The Passamaquoddy Tribal Court shall consider the totality of the circumstances, including economic loss (if any) and impose an order of restitution if the Court finds that the offense for which a person has been convicted resulted in economic or property loss, death or destruction of Katiyik (American Eels) including the reasonable expenses borne by the Department in the investigation of allegations resulting in a conviction for violations of this part

 

1.      In addition to any fines, suspensions or revocations, the Passamaquoddy Tribal Court is authorized to consider terms of incarceration commensurate with the severity of the violations of this part, for which a person has been found guilty.

 

2.      The Passamaquoddy Tribal Court may levy a jail sentence of no more than one year to any tribal member who intentionally, knowingly, or recklessly:

 

3.      Damages or destroys the property of another, having no reasonable grounds to believe that the person has a right to do so, such that the injured party is deprived of the use of such property or severely impeded in their ability to undertake the activities for which they were permitted under this part, including but not limited to the taking of any life stage of Katiyik (American Eels).

 

4.      For the purposes of this Part, “property of another” shall mean

                              i.            real and personal property, any equipment used in conjunction with the lawful harvest of American Eels under this Part,

                            ii.            Including but not limited to Fyke and dip nets.  The term “property of another” shall also mean any American Eels landed in exercise of an individual’s lawfully recognized right to do so. 

Section 5.17 Unsafe fishing activity/zero tolerance: A person who fishes for, takes or attempts to take Katiyik (American Eels) while under the influence of intoxicants, shall be considered to be engaging in an “unsafe fishing activity” that poses an immediate danger to themselves and others, whether or not that person possesses a valid Passamaquoddy  fishing license or permit.

A.      Unsafe Fishing Activity Defined. unsafe fishing activity includes but is not limited to fishing or attempting to fish for Katiyik (American Eels) at any location, near or below the high water mark in any Passamaquoddy Katiyik (American Eel) fishing area while under the influence of intoxicants;

 

B.      Possessing a Fyke Net, Dip Net or any device capable of catching or retaining Katiyik or any marine organism at any location near or below the high water mark in any Passamaquoddy Eel fishing area while under the influence of intoxicants

 

C.      While under the influence of intoxicants, accompanying a person who is engaged in fishing or is attempting to fish within any Passamaquoddy Katiyik (American Eel) fishing area or while engaging in any activity defined under section 5.10 and 5.14

  1. A tribal member who fishes for, takes or attempts to take American Eels in any Passamaquoddy Eel Fishing Area has a duty to submit to a test to determine that person’s drug alcohol level or drug concentration by analysis of blood, breath or urine if there is a probable cause to believe that the person is harvesting American Eels while under the influence of intoxication alcohol or drugs.  The duty to submit to a blood-alcohol or drug concentration test includes the duty to complete either a blood, breath or urine test, or any combination thereof. 

Section 5.18 Katiyik (American Eel) resource report: annually, or upon the direction of the committee, the Department shall provide a report on the status of the Katiyik (American Eel) resource including a report on the status of the Katehsis (Glass Eel) Fishery.

The American Eel Resource Report shall quantify the number and type of all permits issued under this Part, including fees collected and deposited into the Fisheries Management Fund for issuance of those permits, present all landings information collected pursuant to the reporting requirements of this part in an organized manner, assess the health of Katiyik (American Eel) populations within but not limited to Passamaquoddy fishing areas,  assess the effectiveness of existing regulatory measures and recommend changes if necessary. Within 30 days of receiving the American Eel Resource Report, the committee shall assess the condition of Katiyik (American Eel) populations to determine the adequacy of existing measures intended to achieve responsible stewardship and sound management objectives.

The committee shall undertake an evaluation of the impact upon Katiyik populations posed by the use of Fyke nets and other types of fixed gear devices and provide recommendations for the limited use of Fyke nets in a manner not inconsistent with Passamaquoddy values and responsible stewardship objectives to be submitted to the Passamaquoddy joint tribal council upon conclusion of the 2016 Passamaquoddy commercial Katehsis fishing season.

In carrying out the assessment and reporting requirements of this Part, the committee may require further assessment of the biological health of the resource through acceptable standards for determining toxin levels and overall health of all life stages of Katiyik (American Eels). The committee shall determine whether changes are needed to existing management measures and prepare draft language for those changes, if any.

The committee shall present its assessment, proposed changes, and the Katiyik (American Eel) Resource Report to the Joint Tribal Council and formally recommend whether to revise existing Passamaquoddy Katiyik (American Eel) management measures

 

 

 

 

 

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Last modified:  04/14/2014 12:55:52 PM