Section § 16510

Explanation

This section of the law states that the definitions provided in this chapter must be used to interpret the entire division.

The definition in this chapter shall govern the construction of this division.

Section § 16511

Explanation

This law defines 'Klamath River Indian Tribes' specifically as those tribes within the Yurok and Hoopa Valley Reservations in California's Humboldt and Del Norte Counties. These tribes must be recognized as Indian tribes by the Secretary of the Interior.

“Klamath River Indian Tribes” means those tribes existing within the boundaries of the Yurok Reservation and the Hoopa Valley Reservation, located in Humboldt and Del Norte Counties in California, which tribes are recognized as Indian tribes by the Secretary of the Interior.

Section § 16512

Explanation

In this section, the term "take" is defined as pursuing, catching, capturing, killing, or even attempting to do any of these actions.

“Take” means pursue, catch, capture, or kill, or attempt to pursue, catch, capture, or kill.

Section § 16513

Explanation

This law defines what is considered a 'traditional Indian fishing practice.' It's a way of fishing that is acknowledged as part of the customs and traditions of the Klamath River Indian Tribes.

“Traditional Indian fishing practice” means a mode, method, or way of taking fish that is recognized in the customs and traditions of the Klamath River Indian Tribes.

Section § 16514

Explanation

This law defines the boundaries of the Yurok Reservation and the Hoopa Valley Reservations. The Yurok Reservation is described as the land one mile wide on each side of the Klamath River, stretching from where the river meets the ocean to where it meets the Trinity River. The Hoopa Valley Reservations are identified as the lands within the Hoopa Square.

“Yurok Reservation” means the land extending one mile in width on each side of the Klamath River from the mouth of the Klamath River to the confluence of the Trinity and Klamath Rivers. “Hoopa Valley Reservations” means those lands lying within the Hoopa Square.

Section § 16515

Explanation

The term "disputed area" refers to parts of the Klamath River or Trinity River where there is a conflict over fishing regulation authority. Both the State of California and one or more Indian tribes, as well as the U.S. government on behalf of these tribes, claim the right to regulate fishing in these regions.

“Disputed area” means that part of the Klamath River or Trinity River where jurisdiction to regulate Indian fishing is asserted by both the State of California and by one or more of the Indian tribes in the Klamath River Indian Tribes or by the United States government acting as trustee therefor.

Section § 16516

Explanation

This section defines 'subsistence purposes' as the act of catching fish or game by qualified members of the Klamath River Indian Tribes for them or their families to eat.

“Subsistence purposes” means fish or game taken by qualified Indian tribal members of the Klamath River Indian Tribes for personal consumption by the tribal members or their immediate families.

Section § 16517

Explanation

This section defines the term "ceremonial or religious purposes" as the fishing done by members of the Klamath River Indian Tribes for their traditional religious or ceremonial practices. These activities must align with the tribe's customs and traditions.

“Ceremonial or religious purposes” means fish taken by qualified Indian tribal members of the Klamath River Indian Tribes for recognized religious or ceremonial activities, which activities are consistent with the customs and traditions of the particular tribe in the Klamath River Indian Tribes.

Section § 16518

Explanation

This law defines "commercial fishing" as the activity of catching fish by qualified members of the Klamath River Indian Tribes specifically for selling or offering them for sale within California.

“Commercial fishing” means the taking of fish by qualified Indian tribal members of the Klamath River Indian Tribes, for sale or to be offered for sale within California.

Section § 16520

Explanation

The term “Klamath Fishery Management Council” refers to a specific council set up under federal law. It brings together representatives from various organizations, including California and Oregon fishery departments, tribal councils, and stakeholders from the commercial and recreational fishing communities. Their role is to help manage and oversee fishery-related activities along the Klamath River and nearby areas.

“Klamath Fishery Management Council” means that council created pursuant to Section 460ss–2 of Title 16 of the United States Code that is composed of one representative each from the department, the Pacific Fishery Management Council, National Marine Fisheries Service, Department of the Interior, Oregon Department of Fish and Wildlife, the Hoopa Valley Business Council, non-Hoopa Indians, the California commercial salmon fishing industry, the Oregon commercial salmon fishing industry, the Klamath River in-river sportfishing community, and the California offshore recreational fishing industry.