CHAPTER 3-2

SALMON AND STEELHEAD GUIDING AND OUTFITTING
(Chapter adopted by NPTEC action effective 5/28-29/02)

§ 3-2-1 Findings

    The purpose of this Chapter is to provide for the regulation of salmon and steelhead guiding and outfitting on lands and waters of the Nez Perce Tribe by any person who is a member of the Nez Perce Tribe or an enrolled member of any federally recognized Tribe.

§ 3-2-2 Definitions

(a)     “Client” means a person utilizing the services of a guide or outfitter.

(b)     “Commission” means the Fish and Wildlife Commission of the Nez Perce Tribe defined in § 3-1-10 of this Title.

(c)     “Conservation Enforcement” means the Department of Fisheries Restoration Management Fisheries Conservation Enforcement.

(d)     “First Aid Card” means valid card issued by the American Red Cross to denote the individual whose name and signature appear thereon has successfully completed an applicable Red Cross course and is qualified to render appropriate, minimal first aid as prescribed by the American Red Cross, or other valid evidence showing successful completion of an equivalent course conducted by an organization acceptable to the Commission.

(e)     “Guide” means the taking of persons upon or over the land or waters of the Nez Perce Reservation for the purpose of fishing for salmon or steelhead in return for a fee in money, goods, or any other kind of compensation or consideration.

(f)     “License” means a license to hunt or fish issued by the Tribe or other agency with jurisdiction to issue licenses recognized by the Nez Perce Tribe.

(g)     “NPTEC” means the Nez Perce Tribal Executive Committee.

(h)     “Open Area” means the place or location where by regulation it shall be made lawful to operate as a guide or outfitter.

(i)     "Outfitter" includes any person who in return for a fee in money, goods, or any other kind of compensation or consideration provides equipment for salmon or steelhead fishing trips.

(j)     “Permit” means a valid permit issued by Conservation Enforcement authorizing the holder to act as an outfitter or guide within the Reservation.

(k)     “Reservation” means the Nez Perce Reservation.

(l)     “Treaty-reserved rights” means hunting, fishing, gathering, grazing, and any other rights reserved by the Nez Perce Tribe in the Treaty of June 9, 1855, with the Nez Perce Tribe, 12 Stat. 957 (1859) and any other treaty or agreement between the Nez Perce Tribe and the United States.

(m)     “Tribe” means the Nez Perce Tribe.

§ 3-2-3 Applicability

    This Chapter applies to any person who is a member of the Nez Perce Tribe or an enrolled member of any federally recognized Tribe who acts as a guide or outfitter for salmon and steelhead fishing within the exterior boundaries of the Nez Perce Reservation.

§ 3-2-4 Exceptions

(a)     This Chapter does not apply to the exercise of any treaty-reserved rights by a member of the Nez Perce Tribe or any services provided by a member for a member of the Nez Perce Tribe exercising any treaty-reserved rights.

(b)     This Chapter does not apply to a member of the Nez Perce Tribe or an enrolled member of any federally recognized Tribe, who acts as a guide or outfitter with a valid license or permit issued by the State of Idaho.

§ 3-2-5 Prohibition

(a)     No person without a permit shall act as a guide or outfitter within the Reservation.

(b)     Any person acting without a permit as a guide or outfitter within the Reservation shall be guilty of the civil infraction of unlawfully acting as a guide or outfitter.

(c)     A permit must be in possession of the permittee while engaged in outfitting or guiding and must be produced upon the request of an authorized person. Upon request of Conservation Enforcement or other conservation enforcement, an outfitter or guide shall show proof of a permit. Refusal or failure to show proof of a permit shall be prima facie evidence that a person is acting without a permit.

(d)     Any person acting as a guide while under the influence of alcohol or any
controlled substance including, but not limited to, marijuana, barbiterates, amphetamines, hallucinogens, opiates, cocaine, and other substances defined in Chapter 13, 21 U.S.C. § 812, shall be guilty of a civil infraction of unlawfully acting as a guide.

(e)     Except as otherwise authorized by NPTC § 3-1-27, no person shall exercise treaty fishing, hunting, or trapping rights while acting as a guide.

§ 3-2-6 Qualifications for Permits

(a)     An applicant for an outfitter and/or guide permit must:

(1) Be at least eighteen (18) years of age;

(2) For a guide, have a First Aid Card and be aware of general emergency procedures;

(3) Have extensive, first-hand knowledge of the area and activities involved in the proposed guiding or outfitting operation;

(4) Thorough knowledge of the habits of the fish sought, fishing techniques that are successful in the area, be able to properly care for fish, be familiar with the necessary equipment, and have knowledge of licensing requirements, bag limits, seasons, and other applicable laws and regulations; and

(5) For outfitters or guides operating any boat, an applicant must demonstrate that he has adequate training and experience in reading water and correctly operating and handling the type of boat to be used.

(6) For outfitters or guides operating any boat, information regarding any vessels to be utilized shall be provided to Conservation Enforcement.

(b)     Any person holding a current and valid outfitter’s permit may act as a guide without a guide’s permit if he possesses the qualifications of a guide as provided in this Chapter.

(c)     Only members of the Nez Perce Tribe may be permitted to act as an outfitter under this Chapter. However, a member of a federally recognized Tribe, other than the Nez Perce Tribe, may obtain a permit to act as a guide for an outfitter permitted under this Chapter.

§ 3-2-7 Applications for Permits

(a)     Any person wishing to serve as a guide or outfitter on the Reservation shall obtain a permit by submitting an application to Conservation Enforcement on forms to be provided by Conservation Enforcement.

(b)     Conservation Enforcement may require an applicant for a permit to pay a reasonable filing fee to cover costs associated with the processing of an application. In addition, Conservation Enforcement may assess a reasonable yearly fee to cover monitoring and enforcement costs. These fees shall not exceed $20.00 per year.

(c)     Applicants for permits shall submit to interviews as requested by Conservation Enforcement, and shall submit other proof of competence and knowledge to guide on the Reservation as requested by Conservation Enforcement.

(d)     Conservation Enforcement shall review and grant or deny an application within thirty (30) days of the submission of a completed application.

§ 3-2-8 Denial of Permit/Appeal

(a)     Conservation Enforcement may deny an application for a guiding or outfitting permit if:

(1) The applicant does not meet the qualification described in § 3-2-6 of this Chapter;

(2) The applicant failed to submit a complete application; or

(3) Issuance of additional guiding or outfitting permits could be harmful to natural resources, the environment, or the public interest of the Tribe.

(b)     Conservation Enforcement shall provide in writing the reasons for the denial of an application within thirty (30) days of the submission of an application.

(c)     An applicant whose application was deemed to be incomplete shall have an opportunity to complete the application and provide other necessary information and resubmit the application without an additional application fee.

(d)     An applicant may appeal a decision of Conservation Enforcement to Nez Perce Tribal Court in a manner consistent with the judicial review provisions of Chapter 2-5 of the Nez Perce Tribal Code. The decision of the Tribal Court shall be final and no appeal shall be granted by the Nez Perce Tribal Court of Appeals.

§ 3-2-9 Insurance

    An outfitter shall maintain and file with Conservation Enforcement a current certificate or proof of liability insurance in the amount as follows:

(a)     Insurance coverage against loss resulting from liability for bodily injury, death, or damage to property suffered by any person caused by the outfitter’s activities in the minimum amount of one hundred thousand dollars ($100,000) per accident, with an aggregate of three hundred thousand dollars ($300,000), because of bodily injury, death, or property damage occurring in an accident.

(b)     Insurance coverage on vehicles carrying passengers (including boats) against loss resulting from liability for bodily injury, death, or damage to property suffered by any person caused by the outfitter’s activities in the minimum amount of three hundred thousand dollars ($300,000).

§ 3-2-10 Boating Equipment Requirement

    Every boat utilized for guided or outfitted salmon or steelhead fishing shall comply with NPTC § 3-1-30 and must have:

(a)     A U.S. Coast Guard approved life jacket in good condition for each passenger, boat operator, and guide;

(b)     A fire extinguisher in working condition; and

(c)     A complete first aid kit.

§ 3-2-11 Reporting

(a)     No later than January 30th of each year, guides shall provide Conservation Enforcement with a report of all guide activities which took place on the Reservation for the previous calendar year. Such report shall contain the following information:

(1) The total number of persons guided;

(2) The number and species of fish taken by each person guided;

(3) The total number of days a guide has guided on the Reservation;

(4) The area where a guide has guided;

(5) A copy of current First Aid Card; and

(6) Such other information as is reasonably requested by Conservation Enforcement.

(b)     No later than January 30th of each year, outfitters shall provide Conservation Enforcement with a report of all outfitting activities which took place on the Reservation for the previous calendar year. Such report shall contain the following information:

(1) The type of services provided;

(2) A copy of a current certificate or proof of liability insurance; and

(3) The total number of person provided outfitting services.

(c)     Failure to provide the reports described in subsection (a) and (b) of this section may result in the temporary or permanent suspension of the outfitting or guiding permit by Conservation Enforcement.

§ 3-2-12 Regulations

    The Commission may promulgate other necessary rules and regulations which shall apply to guides and outfitters in a manner consistent with rule making requirements of NPTC Chapter 2-5. Upon adoption, the Commission shall provide a copy of any such regulations to all guides and outfitters.

§ 3-2-13 Open Areas

(a)     The Commission shall recommend to NPTEC areas within the Reservation that shall be deemed open for outfitting and guiding activities.

(b)     NPTEC shall review the recommendation of the Commission and shall designate areas open for outfitting and guiding activities.

(c)     This designation shall include:

(1) A geographic description of the area deemed to be open;

(2) The type of guiding and outfitting activities allowed within the open area;

(3) The maximum number of guides and outfitters permitted to operate within the open area; and

(4) Any other restriction deemed necessary.

(d)     A guide or outfitter may only operate in an open area in a manner consistent with the NPTEC designation. The Commission shall notify all guides and outfitters of areas deemed open for outfitting and guiding activities and any applicable regulations or restrictions.

(e)     Regardless of any designation as an open area, if land is privately owned, a guide shall obtain permission from the land owner before guiding a client upon or across such lands.

§ 3-2-14 Licenses/Other Regulations

(a)     Guides and outfitters shall verify that clients have all required licenses for the activity for which the services are being provided. Guides who are not enrolled members of the Nez Perce Tribe must have a salmon or steelhead license issued by the Tribe or the State.

(b)     Guides shall ensure that clients comply with bag limits, seasons, area closures, and other applicable regulations.

§ 3-2-15 Cultural Resources

(a)     Guides shall not guide clients to any archaeological resource site or other sensitive cultural resource sites.

(b)     Guides and outfitters shall not disclose information about archaeological resource sites to any client.

§ 3-2-16 Violations

(a)     Any person found violating any provision of this Chapter shall be guilty of a civil infraction.

(b)     The penalty for a violation of this Chapter shall be a fine of not less than $100 and no more than $500 and may include the temporary or permanent suspension of a guide or outfitting permit and/or the temporary or permanent prohibition from acquiring a permit in the future.

(c)     Any permitted guide or outfitter who commits any violation of NPTC Chapter 3-1 shall receive a temporary or permanent suspension of a guide or outfitting permit and/or the temporary or permanent prohibition from acquiring a permit in the future.

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