The director may enter into a mutual agreement or compact with the Hoopa Valley Business Council regarding the taking of fish from the Trinity River within the exterior boundaries of the Hoopa Valley Reservation or with the Yurok Tribe, or the Bureau of Indian Affairs acting as trustee for the Yurok Indians, regarding the taking of fish from the Klamath River within the exterior boundaries of the Yurok Reservation.
Chapter 3Negotiation and Approval of Agreement
Section § 16530
This law allows the director to make agreements with the Hoopa Valley Business Council or the Yurok Tribe about fishing in their respective reservations. It also permits agreements with the Bureau of Indian Affairs for the Yurok Indians concerning fishing in the Klamath River.
Hoopa Valley Business Council Trinity River fishing Yurok Tribe Klamath River Bureau of Indian Affairs Yurok Reservation mutual agreement fishing rights tribal fishing reservation boundaries indigenous agreements fishing compact trustee agreements Native American tribes Hoopa Valley Reservation
Section § 16531
Each year, after the salmon allocation agreement is established by the Klamath Fishery Management Council and approved by the Pacific Fishery Management Council and the U.S. Department of Commerce, negotiations for any related agreements must align with these allocations.
Negotiations shall take place following the completion each year of the salmon allocation agreement recommended by the Klamath Fishery Management Council, and subsequently adopted by the Pacific Fishery Management Council and the United States Department of Commerce. Any agreement or compact under this division shall reflect those allocations.
salmon allocation Klamath Fishery Management Council Pacific Fishery Management Council United States Department of Commerce fishery management annual negotiations allocation agreement salmon fishing regulations compact agreements fisheries policy commerce approval fishing rights resource allocation salmon management Klamath River fisheries
Section § 16532
This section allows for an agreement where members of the Klamath River Indian Tribes can sell salmon commercially, even using traditional fishing methods like gill nets. This is an exception to certain other restrictions.
However, there are conditions they must follow: keeping separate the salmon for sale from those for personal use, potentially through tagging; limiting how many salmon can be sold; and ensuring some of the sales profits support tribe members or tribal programs.
Notwithstanding Sections 8434, 8685.5, 8685.6, and 8685.7, the compact or agreement may include provisions for commercial sales of salmon allocated to qualified Indian members of the Klamath River Indian Tribes and that the salmon may be taken by traditional Indian methods, including, but not limited to, use of gill nets, if the agreement or compact includes provisions for all of the following:
(a)CA Fish and Game Code § 16532(a) Separating the salmon taken for commercial purposes from the salmon taken for subsistence use, which may include tagging or marking of the salmon to be sold.
(b)CA Fish and Game Code § 16532(b) Limiting the number of the salmon to be sold.
(c)CA Fish and Game Code § 16532(c) A portion of the sales to benefit the members or programs of the Klamath River Indian Tribes in accordance with the wishes of the tribes or the Bureau of Indian Affairs acting on behalf of the tribes as trustee.
Klamath River Indian Tribes traditional fishing methods commercial salmon sales gill nets subsistence use salmon tagging sale limitations tribe benefits Bureau of Indian Affairs tribal programs support fishing agreements salmon allocation subsistence vs commercial fishing
