DIVISION 13.5. STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER [16500. - 16541.]

Division 13.5 added by Stats. 1986, Ch. 1186, Sec. 1.

§§ 16500–16541 · 16 sections

1. CHAPTER 1. Legislative Findings § 16500 · 1 section

   • § 16500 The Legislature finds: (a) Jurisdiction over the protection and development of natural resources, especially the fish resource, is of great importance to both…
2. CHAPTER 2. General Provisions and Definitions §§ 16510–16520 · 10 sections

   • § 16510 The definition in this chapter shall govern the construction of this division.
   • § 16511 “Klamath River Indian Tribes” means those tribes existing within the boundaries of the Yurok Reservation and the Hoopa Valley Reservation, located in Humboldt…
   • § 16512 “Take” means pursue, catch, capture, or kill, or attempt to pursue, catch, capture, or kill.
   • § 16513 “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…
   • § 16514 “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…
   • § 16515 “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…
   • § 16516 “Subsistence purposes” means fish or game taken by qualified Indian tribal members of the Klamath River Indian Tribes for personal consumption by the tribal…
   • § 16517 “Ceremonial or religious purposes” means fish taken by qualified Indian tribal members of the Klamath River Indian Tribes for recognized religious or…
   • § 16518 “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…
   • § 16520 “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…
3. CHAPTER 3. Negotiation and Approval of Agreement §§ 16530–16532 · 3 sections

   • § 16530 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…
   • § 16531 Negotiations shall take place following the completion each year of the salmon allocation agreement recommended by the Klamath Fishery Management Council, and…
   • § 16532 Notwithstanding Sections 8434, 8685.5, 8685.6, and 8685.7, the compact or agreement may include provisions for commercial sales of salmon allocated to…
4. CHAPTER 4. Enforceability of an Agreement or Compact §§ 16540–16541 · 2 sections

   • § 16540 Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the form or forms provided for…
   • § 16541 The department may adopt regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16530 or 16531. The…