New Regulations for Pyramid Lake

 

CAMPING AND DAY USE

1.1 PERMITS REQUIRED. No non-member of the Pyramid Lake Paiute Tribe may camp, boat, day use or fish within the designated boundaries of the Reservation without first procuring a Tribal permit to do so and complying with all permit requirements (thereinafter referred to as a Camping Permit, Boating Permit, Fishing Permit”, or Day Use Permit). (Applies to non-tribal members). Long Beach (North Nets) and the Sutcliffe Marina Beach are designated for family beach use only (No Alcohol). Illegal drug use is prohibited on the Pyramid Lake Indian Reservation.

1.1.1 A 10% discount will be available for senior citizens (65 years and older on the date of purchase), active/retired military and Reserves, with valid identification in their possession, and non-Tribal members who are members of other federally recognized tribes, with valid Tribal identification in their possession.

1.2 PERMIT NON-TRANSFERABLE: Identification of Permit Holder. Tribal Permits will be nontransferable. Any non-member will, upon demand of any Tribal Ranger, exhibit his Tribal permit or other identification required by this Code and write his name for the purpose of comparison with the signature on the Tribal Permit or other required identification. Refusing to write his name upon demand will, depending on the circumstance, be prima facie evidence that such non-member, has no tribal Permit or other required identification or is not the non-member named in the Tribal Permit.

1.3 LOST OR STOLEN PERMITS. Persons will be responsible for their own permits. Permits which are lost or stolen will not be replaced. If a person’s permit is lost or stolen, that person must buy another permit.

1.4 CAMPING FEES. Camping permit fees will be as follows:

1-Day: $15 3-Day: $38

(Note: 10% of all Camping permit fees will be reserved for Beach Sanitation operations)

1.5 DAY USE FEES. Fee for using reservation land and lake for recreation will be:

1-Day: $10 3-Day: $25 Season: $80 (valid Sunrise to Sunset)

(Note: 10% of all Day Use permit fees will be reserved for Beach Sanitation operations.)

1.6 FIRES.

1.6.1 No non-member may build, light, use or maintain a fire within the Reservation except in a camp stove, pit or fireplace or in portable camp stoves and lanterns.

1.6.2 No person may leave the Reservation before extinguishing any fire which he has built, lighted or maintained, nor may any person leave a fire unattended within the Reservation. Children under the age of 10 years will not be allowed to build or attend a fire.

1.6.3 In instances of extreme fire danger, as determined by the Tribal Council, warnings will be posted. If notices are posted, follow the instruction on the posted signs.

1.6.4 Fires will have a height restriction of four (4) feet maximum.

1.6.5 A campfire will not be located within fifty (50) feet of the lake shoreline.

1.7 ANIMAL CONTROL.

1.7.1 No noisy, vicious or dangerous animals of any kind are allowed on Indian lands. What constitutes a noisy, vicious or dangerous animal will be determined by Tribal Game Warden or Park Ranger.

1.7.2 The Tribal Council may invoke a complete prohibition against animals being present in posted areas.

1.7.3 No one may harass, hunt, disturb, injure, trap, take possession of, net, poison, harm or kill any kind of living organism unless these acts are done pursuant to a permit and conform to the conditions of that permit.(Includes reptiles, insects and plant life).

1.7.4 Dogs must be on a leash at all times.

1.7.5 It is unlawful to tamper with animal control devices. 2

1.8 PLANT DISTURBANCE OR HARM. No non-member may willfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn or carry away any tree, plant or portion thereof, including and not limited to foliage, flowers, berries, fruit, grass, turf, humus, or shrubs, and other flora and fauna.

1.9 EXCAVATION OR DISTRUBING FEATURES OF HISTORIC SITES.

1.9.1 All persons are absolutely prohibited from excavation, destroying, injuring or defacing, any historic or cultural sites. No natural materials can be removed from Indian lands. Such acts are a violation of Tribal and Federal law. (Federal and Tribal permits must be given for any archaeological and biological research).

1.9.2 No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any archeological resource located on the Reservation unless such activity is with the Tribal Council’s prior written consent and, if applicable, pursuant to a federally issued permit. “Archeological resources” will include, but not be limited to, those items identified as such in the Federal Archeological Resources Protection Act, 16 U.S.C. § 470bb(1) and its implementing regulations.

1.10 LANDING OF AIRCRAFT. Except in emergency situations, no person may land or take off in any aircraft or hot air balloon or other airborne transport on Tribal lands without the prior express written permit from the Tribal Council, which will waive any and all liability of the Tribe.

1.11 PROPERTY DEFACEMENT.

1.11.1 No non-Tribal member may disturb, destroy, remove, deface or injure any property on the Reservation.

1.11.2 No person may cut, carve, paint, mark, paste or fasten on any trees, fence, wall, building, monument or other property on the Reservation any mark, bill, advertisement or inscription without a written permit from the Tribal Council.

1.11.3 No Non-Tribal member will be allowed to use a metal detector within the exterior boundaries of the Pyramid Lake Indian Reservation on Tribal lands. Federal ARPA laws apply.

1.12 DEPOSITING RUBBISH AND LITTERING.

1.12.1 No person may leave, deposit, drop or scatter bottles, broken glass, ashes, wastepaper, cans or other rubbish on the Reservation, except in a receptacle designated for that purpose.

1.12.2 No person may import any rubbish into, or deposit any rubbish onto, the Reservation from other places.

1.12.3 No non-Tribal member may possess or discharge any weapon from which a projectile may be propelled by means of explosive, spring, gas, air or other force on the Reservation.

1.12.4 Fireworks . No person may possess, discharge, set off or cause to be discharged in or onto any portion of the Reservation any firecrackers, torpedoes, rockets, fireworks, explosives, or other substance harmful to the life or safety of any person, without a written permit from the Tribal Council. When fireworks are purchased from Tribally-licensed vendors within the exterior boundaries of the reservation, a written permit from the Tribal Council will be issued to the purchaser at time of sale and such permit will be valid for discharge of said fireworks only at areas designated by Tribal Council.

1.12.4.1 Designated areas for discharge of fireworks will be: Any beach from Indian head to Blockhouse, and any other area that may be designated by Tribal Council.

1.12.4.2 All fireworks debris must be removed from the site where discharged before leaving the area or the person will be deemed guilty of littering.

1.12.5 Pallets and Glass Containers Prohibited. No person may possess pallets and/or glass containers on the beach areas for the safety of the general public.

1.13 PARK OPENING AND CLOSING HOURS.

1.13.1 The Tribal Council may establish opening and closing hours for Tribal Land. Land closing time will be posted in a conspicuous place at each Tribal park. 3

1.13.2 No person, except Tribal employees or Law Enforcement officers on official business, may enter or be present in any Tribal Park during closing hours or in designated closed areas.

1.14 DISTURBING THE PEACE.

1.14.1 No person may: (a) Operate any device on the Reservation in such a manner as to disturb the peace at any time or (b) Conduct him/herself in such a manner as to disturb the peace at any time.

1.14.2 Abusive Language and Disturbances. No person may use threatening, abusive, boisterous, insulting or indecent language or make indecent gestures within the confines of Tribal Land or recreation areas.

1.14.3 No person may conduct or participate in a disorderly assemblage within the confines of Tribal Lands or recreation areas.

1.14.4 Nudity and Disrobing. No person may publicly appear nude at any time nor disrobe while within Tribal Lands. No person is allowed to urinate or defecate in Public.

1.15 SMOKING PROHIBITED IN DESIGNATED AREAS. No person may smoke in posted area of any Tribal land where smoking is prohibited.

1.16 SEWAGE DUMPING AND SANITATION.

1.16.1 No person may deposit waste, water, sewage or effluent from sinks portable toilets or other plumbing fixtures directly into or on to the surface of the ground or waters of the Reservation, except in designated areas.

1.16.2 To maintain proper sanitation and orderly appearance and for the protection of persons and the natural resources of the Reservation, the Tribal Ranger may specify the size, type and arrangement of camping equipment and the number of persons permitted in a camping area.

1.17 CURFEW LIMITATIONS.

1.17.1 The Tribal Council may set a curfew for all persons under 18 years of age on any lake shore area, beach in Tribal parks, or within recreation areas upon finding that conditions therein are such as to warrant special measures for the protection of juveniles and others, and for the safety and welfare of the general public. The established curfew hours are from 10:00 p.m. to 6:00 a.m. for persons under 18 years of age upon the Reservation.

1.17.2 When a curfew has been set, no person under 18 years of age may, during the curfew period, remain or be in the location under curfew unless he is: (a) Accompanied by his parent or guardian; (b) Part of a group permitted to occupy the beach and is supervised by a least one responsible adult per 10 juveniles.

1.18 VEHICLE OPERATION.

1.18.1 No non-Tribal member may operate any motor vehicle off established and marked roads.

1.18.2 Vehicle Speed Limit. No person may drive a vehicle, motorcycle or motor bike within the reservation at a speed greater than is reasonable or prudent, having due regard for the traffic on and the surface and width of the road, and other conditions which affect driving.

1.18.3 No person may drive a vehicle on Tribal Lands at a speed greater than 15 miles per hour, except where otherwise posted.

1.18.4 No parking within 250 feet of established boat launching facilities.

1.18.5 Roads: Parking. No person may drive, tow, ride or park any automobile, truck trailer, bicycle, motor bike or other vehicle in on Tribal Lands, except on roads and parking areas provided for such purposes.

1.18.6 No person may drive any type of motor vehicle on any walk, path, bike path, or service road except where such areas have been officially designated for use by motor vehicles.

1.18.7 Bicycle and other Operator-Propelled Vehicles. No person may operate or ride a bicycle, scooter, skateboard or other operator propelled vehicle or device on Tribal Lands in a reckless manner or when the Tribal 4

Ranger has made a finding that conditions are unsafe for the operation of the vehicle or device and has issued an order prohibiting such activity.

1.18.8 Recreational Off-Highway Vehicle Operation. No non-Tribal member may operate two, three, or four wheelers, or other recreational off-highway vehicles (ROHVs) within the boundaries of the Pyramid Lake Indian Reservation.

1.18.9 Vehicles (including recreational vehicles) will not park within one-hundred (100) feet of the lake shoreline.

1.19 PAYMENT FOR USE OF FACILITIES. If the Tribal Council has established a fee for the use of a facility within the Reservation, no non-Tribal member may use, occupy or be within the facility unless the applicable fee has been paid.

1.20 NUMBER OF PERSON OCCUPYING CAMPSITES.

1.20.1 The number of persons occupying a campsite will not exceed ten (10).

1.20.2 A Tribal camping permit will be required per vehicle.

1.21 TIME LIMITS ON CAMPING.

1.21.1 In order to afford the general public the greatest possible use of all Tribal Lands, no person may camp continually in any Tribal Park for more than ten (10) days within any thirty (30) day period. The camping permit will be valid for the time period beginning at sunrise on the first day of permitted camping until 11:00 a.m. after the last night of permitted camping.

1.21.2 If the camper decides to stay the rest of the day but not overnight, after 11:00 a.m. the purchaser of the camping permit will be required to purchase a Lake Day Use Permit.

1.22 OCCUPANCY RIGHT OF CAMPSITES.

1.22.1 A campsite is considered occupied when it is being used or has been marked by a Tribal Ranger as reserved occupancy. Non-Tribal Members may not reserve extra space for others arriving later.

1.22.2 No person may take possession or maintain possession of a campsite when he has been informed by a Tribal Ranger that the site is occupied or reserved for occupancy.

1.22.3 Campsite must be located at least one-hundred (100) feet from the lake shoreline.

1.23 SPECIAL EVENTS.

1.23.1 Special events are activities which are not normally conducted on the Reservation. They generally are supervised activities involving a greater number of participants or spectators.

1.23.2 The Tribal Council may approve and issue a permit for any special event when it is conducted by a sponsoring agency under conditions approved by the Tribal Council.

1.24 POSTING OF SIGNS AND NOTICES: COMPLIANCE REQUIRED; PROHIBITION AGAINST POSTING. No non-Tribal member may be allowed to remain on the Reservation unless he complies with all posted signs, notices and orders of the Tribal Ranger.

1.25 COMPLIANCE WITH CODE, RULES AND REGULATIONS.

1.25.1 Any person who enters or remains on the Reservation in violation of any provision contained in this Code or in violation of any permit issued or rule adopted by the Tribal Council, Tribal Chairman, tribal Ranger will be deemed to have committed a civil violation and will be liable for damages as provided for herein.

1.25.2 Violation of Other Regulations. It will constitute a violation of this Code for any person to violate any regulation or resolution of the Tribal Council now in effect or hereafter promulgated pertaining to occupancy on the Reservation.

1.26 PROCEDURE AND SANCTIONS FOR NON-COMPLIANCE. 5

Unauthorized Camping or Unauthorized Use. In the event a non-member enters the Reservation without proper permits issued by the Tribe or will develop or perform any act which may reasonably be determined as “camping” without proper authority should such person fail to comply with the removal of said development or camp, or if such person otherwise acts in contravention of this Code or regulations promulgated pursuant hereto, the non-member performing any such omission will have committed the civil offense of “Unauthorized Camping or Unauthorized Recreational Use”.

1.27 LIQUIDATED DAMAGES PRESUMPTION.

1.27.1 It is evident that in many instances of “Unauthorized camping or Unauthorized Recreational Use” the amount of damage caused to the Tribe by a particular occurrence may be difficult to determine. Therefore, it will be presumed by the Tribal Court when adjudicating a citation or complaint for “Unauthorized Camping or Unauthorized Recreational Use” that the amount fixed by the Tribal council represents the damages owed to the Tribe as restitution if the offending party is found liable. This presumption may be rebuffed by evidence which demonstrates to a substantial certainty that the amount calculated for the “unauthorized Camping or Unauthorized Recreational Use” under examination is so excessive as to be punitive unless knowingly or willfully done.

1.27.2 All persons whether the same be members or non-members, will be deemed to have consented to the Liquidated Damages provisions of this Code by their entry onto the reservation.

1.28 ENFORCEMENT.

1.28.1 All Tribal Police Officers, tribal Rangers and Federal Law Enforcement Officers are herewith granted the authority to enforce the provisions of this Code, and will be referred to hereafter as “authorized officers”.

1.28.2 Any authorized officer may in carrying out the intent and purpose of this Code; (i) Execute citations or summons issued for the detention of person acting in contravention of this Code; (ii) serve subpoenas or other legal documents issued in matters arising under this code; (iii) Lawfully detain and search any camp or vehicle of any kind whenever they have reasonable cause to believe that any provision of this Code has been or is being violated; (iv) Lawfully halt or stop and detain any vehicle whenever they have reasonable cause to believe that any provision of this Code has been or is being violated; (v) Lawfully detain any person violating this Code and in the discretion of the office; either to give such person a notice to appear or to take such person without unnecessary delay before the Tribal Judge; (vi) Lawfully seize and impound without damage any equipment, which equipment can be removed from the camp to which it is attached or on to which it was transported, carried or used, when the officer has reasonable cause to believe that its possession or use is in violation of any section of this Code or regulations promulgated pursuant thereto. This Section does not limit any power of seizure pursuant to a warrant; (vii) Retain custody of and provide for the safekeeping of anything seized as provide in this Section until final determination of any matter arising from the violation or an alleged violation with respect to which they are evidence. For the purposes of this Section, forfeiture of a property bond will be deemed to be termination of the matter.

1.28.3 Enforcement Procedures.

If an authorized officer determines that a person has caused damage to a Tribal resource protected herein or otherwise acted in violation of this Code or rules or regulations promulgated pursuant hereto, such officer will issue to the damaging or violating party a “Notice to Appear” in the form of a citation or summons to respond to the alleged violations. Suspected violators or damage contributors will sign the “Notice to Appear”, and if not held for federal authorities will be escorted off the Reservation and released, pending a hearing at the time and place stated in the Notice. In the event a person the subject of service of a “Notice to Appear” will refuse to sign the same, the serving office will make note of the attempted service, the time and location thereof, and the refusal of the served person to accept service will be presumed to have been made.

1.28.4 Appearance Bond.

Non-members issued a “Notice to Appear”, as provided for in Section 1.28.3, will post with the authorized Tribal Permit Seller a property or cash bond to assure such non-member’s appearance before the Tribal Court. The bond posted will be of equal or greater value than the damages which may be due the Tribe should the person cited be found to have acted in contravention or outside the scope of this Code or rules and regulations promulgated pursuant hereto. 6

1.28.5 Action on Bond.

In the event a non-member fails to appear in response to an issued “Notice to Appear”, the Tribal Council may, upon proof of the non-member’s conduct, move the Court to have such bond declared the property of the Tribe. If such bond becomes the property of the Tribe under Court order, all damage amounts due and owing for the non-member’s conduct will be deemed paid.

1.29 OTHER SANCTIONS.

1.29.1 Civil Contempt. All persons party to actions brought under this Code, will be subject to the civil contempt power of the Tribal Court, and may be sanctioned by any means provided for in the Pyramid Lake Tribal Law and Order Code for civil contempt, including but not limited to, detention to compel compliance with a lawful court order.

1.29.2 Trespassing. Violation of this Code by non-Tribal members of the Tribe automatically revokes any priorly granted permission to enter the Reservation and renders the violator a trespasser, subject to removal from the Reservation.

1.29.3 Exclusion. Nothing in this Code will be deemed to preclude the use of the remedy of exclusion of non-members for violation of this Code under the Pyramid Lake Paiute Tribal Law and Order Code, and authorized officer may initiate by Petition the procedures provided by the Tribal Law and Order Code for exclusion in addition to or in lieu of any other enforcement procedures provided for by this Code.

1.29.4 Levy Against Property. In the event a person violating this Code fails to comply with an issued “Notice to Appearance”, fail to remit any and all liquidated and/or punitive damages imposed hereunder, fail to depart the Reservation upon a finding of exclusion commit a trespass, or fail to comply with an order of the Tribal Court for civil contempt, nothing herein will preclude the Tribal Court from placing a lien on such person’s property in lieu of sums owed the Tribe and to assure the offending party’s compliance with this Code or Orders of the Tribal Court.

1.29.5 Forfeiture of Camping Permit. The third time any non-member will be found to have violated any provision of this Code or regulations made pursuant thereto in any five-year period, and upon a finding that there has been a violation subsequent to the three violations during such five-year period, the Chief Tribal Game Warden may recommend to the Tribal Council that such non-member be excluded from entering the Reservation for a period not to exceed three years from the date of the last violation and any camping permit issued to such non-member, if he has one, will be forfeited and no camping permit will be issued to such person during such period of exclusion. For purposes of this Section, forfeiture of a property bond will constitute a violation.

1.30 FEDERAL PROSECUTION.

1.30.1 18 USC 1165. Nothing in this Code will be deemed to preclude the Federal Prosecution under 18 USC 1165 of any non-member who trespasses on the Reservation. Any authorized officer may initiate such an action by filing a complaint in Federal Court.

1.30.2 18 USC 1163. This Code has been enacted to protect the resources of the Tribe and its members, and the taking or using of Tribal property and services contrary to the terms of this Code constitutes theft of Tribal assets. Nothing in this Code will be deemed to preclude Federal prosecution of violators under 18 USC 1163 for theft of Tribal Trust assets. Any authorized officer may follow the procedures provided to initiate Federal prosecution in addition to or in lieu of any other enforcement procedure provided for by this Code.

BOATING

SECTION 2: CLASSIFICATION OF BOATS

2.1 Motorboats subject to the provisions of these Regulations will be divided into four classes as follows:

2.1.1 CLASS A: Motorboats less than 16 feet in length. (Jet skis included)

2.1.2 CLASS 1: Motorboats 16 feet or more in length but less than 26 feet in length.

2.1.3 CLASS 2: Motorboats 26 feet or more in length but less than 40 feet in length. 7

2.1.4 CLASS 3: Motorboats 40 feet or more in length.

SECTION 3: BOATING EQUIPMENT

3.1 LIGHTS. Except as otherwise provided in sub section 3.3.2, below, every boat in all weathers from sunset to sunrise will carry and exhibit the lights specified below when underway, and during such time no other lights which may be mistaken for those set forth below will be exhibited.

3.1.1 Every motorboat of Classes A and 1 willcarry the following lights:

(a) A bright white light aft to show all around the horizon.

(b) A combined lantern in the forepart of the boat and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

3.1.2 Every motorboat of Classes 2 and 3 willcarry the following lights:

(a) A bright white light in the forepart of the boat as near the stern as practicable, so constructed as to show an unbroken light over an arch of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the boat, namely, from right ahead to 2 points abaft the beam on either side.

(b) A bright white light aft to show all around the horizon and higher than the white light forward.

(c) On the starboard side a green light so constructed as to show an unbroken light over an arch of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arch of the horizon of 10 points of the compass so fixed as to throw the light from right ahead 2 points abaft the beam on the port side. The side lights will be fitted with inboard screens of sufficient height so as to prevent these lights from being seen across the bow.

3.1.3 Sailboats of Class A or Class 1 size, when propelled by sail alone, will carry the combined lanterns, but the white light, aft, prescribed in subsection 3.1.1 Sailboats of Class 2 or Class 3 size, when propelled by sail alone, will carry the colored side lights, suitably screened, but not the white lights prescribed by subsection 3.1.2 All sailboats, when propelled by sail alone will carry, ready at hand, a lantern or flashlight showing a white light which will be exhibited in sufficient time to avert collision.

3.1.4 Every white light prescribed by this section will be of such character as to be visible at a distance of at least 2 miles. Every colored light prescribed by this section will be of such character as to be visible at a distance of at least 1 mile. The word “visible” in this subsection, when applied to lights, will mean visible on a dark night with clear atmosphere.

3.1.5 When propelled by sail and machinery, any boat so propelled will carry the lights required by this section for a motorboat of that Class propelled by machinery only.

3.1.6 Any boat may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C. Sections 143-147d), as amended in lieu of the lights required under this section.

3.1.7 CERTIFICATE OF NUMBER. 40 feet & under. All undocumented vessels equipped with propulsion machinery must be State registered and the Certificate of number must be on board when vessel is in use.

3.1.8 STATE NUMBERING. State numbering must be plain block letters and numbers not less than three inches in height, must be affixed on each side of the forward half of the vessel (contrasting color to boat exterior). State validation sticker must be affixed within six inches of the registration number. Decal must be current and not expired.

3.1.9 CERTIFICATE OF DOCUMENTATION. Documented vessels must have original and current certificate on board. Vessel name or hailing port must be marked on exterior part of hull letters not less than 4 inches in height (vessels less than 16 feet not required).

3.2 OTHER EQUIPMENT. 8

3.2.1 All boats 16 feet or more in length must have an operational and functioning whistle or other sound-producing mechanical appliance.

3.2.2 All boats 26 feet or more in length will be provided with an efficient bell.

3.2.3 All boats will carry at least one life preserver, or life belt, or ring buoy, or other device of the sort as may hereafter be prescribed by the Council, for each person on board, so placed as to be readily accessible.

3.2.4 All boats will be provided with such number, size and type of the extinguishers will be at all times kept in condition for immediate and effective use and will be so placed as to be readily accessible.

3.2.5 All motorboats will have the carburetor or carburetors of every engine therein, except outboard motors using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or similar other device as may hereafter be prescribed by the Council or its designated agent.

3.2.6 All motorboats, except open boats, using as fuel any liquid of a volatile nature will be provided with such means as may be necessary for properly and efficiently ventilating the bilge of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

3.2.7 The exhaust of every internal combustion engine used on any motorboat will be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a manner consistent with such further rules as may hereafter be promulgated by the Council or its designated agent.

3.2.8 The use of cutouts is prohibited.

3.2.9 All boats will be equipped with Coast Guard approved visual distress signals. Boaters must have current dated U.S. Coast Guard approved day and night signals for all boats operating on Pyramid Lake.

3.3 EXCEPTIONS.

3.3.1 The provisions of subsections 3.2.1 and 3.2.2 will not apply to motorboats while competing in any race approved by the Tribal Council, or if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the approved race.

3.3.2 Notwithstanding the provisions of subsection 3.1 above, no boat less than 16 feet in length need exhibit the lights required under subsection 3.1 above, during a period of 1 hour after sunset and during a period of 1 hour before sunrise.

3.3.3 The provisions of subsections 3.2.7 and 3.2.8 will not apply to motorboats competing in a boat race approved by the Tribal Council, or such motorboats while competing in official trials for speed records, or such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m., and during a period not to exceed 48 hours immediately preceding such boat race, and any motorboat operated under special permit issued by the Council.

3.4 SIRENS.

3.4.1 No boat will be equipped with nor will any person use or install upon a boat a siren of any kind whatsoever, except as set forth in subsection 3.4.2 below.

3.4.2 Any authorized emergency boat, when approved by the Council, may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but such siren will not be used except when such boat is operated in response to an emergency call or in the immediate pursuit of an actual or suspended violator of the law, in which event the operator of the boat will sound the siren when necessary to warn person of the approach thereof.

SECTION 4: OPERATION – PROHIBITED ACTS

4.1 It will be unlawful for any non-Tribal member to operate a boat on the waters of the Reservation without first having procured and having in force and on his possession a Boating Permit issued to him by the Tribe.

4.2 It will be unlawful for any person, whether the owner, operator, or person in command of any boat, to operate or permit to be operated such boat at a speed in excess of 5 nautical miles per hour in any “Restricted area” as such term is hereinafter defined in Section 6. 9

4.2.1 It will be unlawful to operate or anchor a boat within 250 feet of any person actively engaged in the act of fishing from shore, float tube, or any other small floatation device used solely for single person fishing.

4.3 It will be unlawful for any person to operate any boat, or to manipulate any water skis, surfboard, or similar device, in a reckless or negligent manner so as to endanger the life or property of any person.

4.4. It will be unlawful for any person to operate any boat on the waters of the Reservation while under the influence of intoxicating liquor or a controlled substance as defined in Chapter 453 of Nevada Revised Statutes, or under the combined influence of intoxicating liquor and a controlled substance as defined in Chapter 453 of Nevada Revised Statutes.

4.5 It will be unlawful for any person to operate any boat on the waters of the Reservation for towing a person, or person on water skis or a surfboard of a similar device unless there is in such boat an observer, in addition to the operator, in a position to observe the progress of the person or persons being towed and equipped with a proper flag.

4.6 It will be unlawful for any person to operate any boat on the waters of the Reservation at any time between the hours from 1 hour after sunset until 1 hour before sunrise.

4.7 It will be unlawful for any person to operate any boat or permit any other person to operate any boat owned by such person on the waters of the Reservation which boat is known to be loaded with passengers or cargo beyond the maximum allowable weight capacity for such boat, or beyond its safety carrying capacity, taking into consideration weather and operating conditions.

4.8 It will be unlawful for any person to moor any boat to any buoy or beacon placed in any waterway of the Reservation by authority of the Tribe or the United States, or in any manner to hang with any boat to any such buoy or beacon.

4.9 It will be unlawful for any person to anchor any boat in such a position as to obstruct a passageway ordinarily used by other boats, or in any closed waters or restricted areas.

4.10 Notwithstanding anything contained in Section 4.1-10 to the contrary, the provisions of this Section will not apply to authorized emergency boats in the performance of emergency operations.

SECTION 5: BOATING CLOSED WATERS

The following waters of the Reservation are closed waters:

5.1 ANAHO ISLAND. The area of Pyramid Lake located within a 1,000 foot radius around the shoreline of Anaho Island.

5.2 MARBLE BLUFF FISHWAY. That area of Pyramid Lake located within a 1,000 foot radius around the mouth of the Marble Bluff Fishway.

5.3 SUTCLIFFE SPAWN CHANNEL. That area of Pyramid Lake located within a 1,000 foot radius around the Sutcliffe spawning channel located in the Sutcliffe area.

5.4 TRUCKEE RIVER. The waters of the Truckee River within the Reservation, including the area of Pyramid Lake located within a 1,000 foot radius around the mouth of the Truckee River.

5.5 WIZARD COVE, NEEDLES, FOX BAY. The area of Pyramid Lake located between Fox Bay and Wizard Cove (Needles area) within 1,000 feet of the shoreline.

5.6 DESIGNATED AREA. Any area of Pyramid Lake which is clearly marked or otherwise designated by buoys or some other distinguishing device as a bathing or swimming area, all as determined by Tribal Council.

5.7 PYRAMID/STONE MOTHER. The area of Pyramid Lake located within a 1,000 foot radius around the Pyramid and Stone Mother located on the east side of the lake.

SECTION 6: RESTRICTED AREA

For the purpose of Section 4 above the term “Restricted Areas” will mean the following: 10

6.1 That area within a 250 foot radius of any person engaged in the act of wading, fishing, swimming or wearing personal floatation device.

6.2 That area within a 250 foot radius of any beach frequented by swimmers or waders or within a 250 foot radius of any swimming float, diving platform or lifeline, or within a 250 foot radius of any way or landing float.

SECTION 7: SPEED ZONES

7.1 The maximum speed limit within the corridor between the closed waters surrounding Anaho Island and the east shore of Pyramid Lake is 10 miles per hour at all times.

7.2 The maximum speed limit within a 500 foot radius of all boat launch ramps and launch areas is 5 miles per hour at all times.

SECTION 8: REGATTAS AND RACES

8.1 The Council may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of the Reservation.

8.2 Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person is charge thereof will, not less than 60 days prior thereto, file an application with the Council for permission to hold such event.

SECTION 9: BOAT RENTALS

9.1 The owner of a boat to be rented to another person or persons for use on the waters of the Reservation will keep a record of the name and address of the person or persons hiring such boat from the owner, together with the identification number thereof, the departure date and time and the expected date of return. Said owner will maintain such records for at least 6 months.

9.2 Neither the owner of a boat to be rented to another person or persons for use on the waters of the Reservation, nor his agent or employee will permit any boat rented by such person for such use to depart from his premises unless it has been provided either by the owner or his agent or by the renter, with the equipment required under these Regulations.

9.3 No person will engage in the rental of boats for the use on the waters of the Reservation within the exterior boundaries of the Reservation without the prior approval of the Council. The Council may condition its approval of such boat rentals within the exterior boundaries of the Reservation as the Council, in its discretion, deems reasonable and necessary. Nothing contained in this Subsection 9.3 will be deemed in any way to affect, supersede or otherwise repeal any other Tribal Ordinance, Regulation or Resolution regarding the conduct of a business within the Reservation and Tribal regulation of such business.

SECTION 10: WATERCRAFT INSPECTION AND DECONTAMINATION

10.1 All watercraft, motorized and non-motorized, including but not limited to boats, personal watercraft, kayaks, canoes and rafts, may be subject to an inspection prior to launching into the waters of the Reservation to detect the presence, and prevent the introduction of Aquatic Invasive Species.

10.1.1 If conditions are found during inspection that suggest the watercraft could be potentially harboring invasive species (e.g. standing water), the watercraft will be required to undergo decontamination before it will be allowed to launch into Reservation waters.

10.2 It will be unlawful for any person to launch or operate any boat or vessel contaminated with aquatic Invasive Species on the waters of the Reservation.

SECTION 11: DISCHARGE OF SEWAGE

11.1 It will be unlawful for any person to discharge or permit to be discharged directly or indirectly any sewage and or grey water within the exterior boundaries of the Reservation. 11

SECTION 12: COLLISION, ACCCIDENTS AND CASUALTIES

12.1 The operator of a boat involved in a collision, accident or other casualty will, so far as he can do so without serious danger to his own boat, crew and passengers, render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and will give his name, address and identification of his boat in writing to any person injured and to the owner of property damaged in the collision, accident or other casualty.

12.2 In the case of collision, accident or other casualty involving a boat, the operator thereof, if the collision, accident or other casualty results in death or injury to a person or damage to property in excess of $100, will file with the Pyramid Lake Paiute Tribe, a full description of the collision, accident, or other casualty, including such information as may, by rule, be required.

12.3 In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the Tribe will be transmitted to such official or agency.

SECTION 13: PERSONAL WATER CRAFT

13.1 As defined in the Pyramid Lake Paiute Tribe’s Boating Regulations, personal water craft are considered CLASS A motorboats (section 2.1.1).

13.2 In addition to the following regulations, all personal water craft subject to all regulations, ordinance and sections pertaining to CLASS A motorboats.

13.3 REQUIRED SAFETY EQUIPMENT. Any person that operates a personal water craft on Pyramid Lake will be required to wear a U.S. Coast Guard approved personal flotation device of types I, II, III, V.

13.3.1 All personal water crafts will be equipped with at least one (1) fire extinguisher capable of promptly extinguishing burning gasoline.

13.4 OPERATING IN AN UNSAFE MANNER: Any person who fails to abide by the rules and regulations will be subject not only to civil penalties, but an immediate suspension of Tribal Boating Permit and/or seizure of the vessel.

13.4.1 No person will operate, or authorize another person to operate a personal water craft in reckless or negligent manner so as to endanger the life and or property of another.

13.4.2 No person will fuel or refuel a personal water craft while the vessel is in the water.

13.4.3 No person fifteen (15) years of age or younger will operate a personal watercraft.

13.5 OPERATING IN CLOSED OR RESTRICTED AREAS: No person will operate a personal water craft in the closed waters as listed in the Closed Waters Restricted Areas Sections of the Pyramid Lake Boating Regulations, inclusive, and any other areas clearly marked as being closed.

13.5.1 No person will operate a personal water craft in the Restricted Areas as listed in the Pyramid Lake Boating Regulations, and within two hundred (200) feet of any shoreline.

13.6 OPERATING A PERSONAL WATER CRAFT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR A CONTROLLED SUBSTANCE: No person will operate a personal water craft while under the influence of an intoxicating liquor or a controlled substance, or under the combined influence of an intoxicating liquor or controlled substance as defined in Pyramid lake Boating Regulations, and the Nevada Boat Act.

13.7 NO TRIBAL JET SKI PERMIT: Any person will first obtain a Tribal jet Ski Permit before operating personal water craft within the exterior boundaries of the Pyramid Lake Indian Reservation.

13.8 UNLAWFUL TOWING OF PERSON WITHOUT A SKI-OBSERVER: It will be unlawful for any person to operate any personal water craft on the waters of the Reservation for towing a person or person on water skis, or a surfboard or similar device unless there is in such personal water craft a person in addition to the operator, in a position to observe the progress of the person or persons being towed. 12

13.9 CERTIFICATE OF NUMBER. 40 feet & under. All undocumented vessels equipped with propulsion machinery must be State registered and the Certificate of number must be on board when vessel is in use.

13.10 STATE NUMBERING. State numbering must be plain block letters and numbers not less than three inches in height, must be affixed on each side of the forward half of the vessel (contrasting color to boat exterior). State validation sticker must be affixed within six inches of the registration number. Decal must be current and not expired.

13.11 DOCUMENTED VESSELS. Documented vessels must have original and current certificate on board. Vessels name or hailing port must be marked on exterior part of hull letters not less than 4 inches in height. Official number permanently affixed on interior structure not less than 3 inches I height (vessels less than 16 feet not required).

SECTION 14: PERMIT REQUIREMENTS

14.1 NON-TRIBAL MEMBERS. All non-Tribal members, except as set forth at Subsection 14.1.2 and 14.3, below, must have in their possession while operating a boat on the waters of the Reservation a valid Tribal Boating Permit. The Tribal Boating Permit is non-transferable. Furthermore, any boat operated on the waters of the Reservation with a Seasonal Boating Permit must have a valid Tribal Boating Permit decal or sticker affixed to the boat hull next to or adjacent to the boat’s registration numbers, if any, or, in the absence of registration numbers, affixed to the boat hull in the location where such registration numbers are normally placed. Any boat operated under a Daily Boating Permit must have the permit readily available for inspection and verification.

14.1.1 A 10% discount will be available for senior citizens (65 years and older on the date of purchase), active/retired military and Reserves, with valid identification in their possession, and non-Tribal members who are members of other federally recognized tribes, with valid Tribal identification in their possession.

14.1.2 Boat Permits are not required for single person floatation devices such as rafts, float tubes, kayaks, canoes, etc. unless they have a motor attached or are occupied by more than one person.

14.2 TRIBAL MEMBERS. Tribal members who wish to operate a boat on the waters of the Reservation will obtain a Boating Permit at no charge by presenting to the person issuing Boating Permits such member’s validly issued and authorized Tribal membership Identification Card, or other satisfactory proof of Tribal membership, and upon such presentation, a Boating Permit and boating permit decal or sticker will be issued to such Tribal member.

14.3 SPOUSES. A non-Tribal member married to a tribal member may apply to the Council for a complimentary Tribal Boating Permit. If no Tribal Boating Permit is obtained, a non-Tribal member married to a Tribal member will be subject to the same regulations as govern to other non-Tribal members.

14.4 LOST OR STOLEN PERMITS. Persons will be responsible for their own permits. Permits which are lost or stolen will not be replaced. Persons losing or having their permits stolen must purchase another permit.

14.5 PERMIT FEES. Tribal boating permit fees will be as follows:

Boating: 1-Day: $12 3-Day: $30 Season: $96

Jet Ski: 1-Day: $26 3-Day: $65 Season: $208

(Note: 15% of all Boating and Jet Ski permit fees will be reserved for use by the Invasive Species Program.)

FISHING

SECTION 15: FISHING

Prohibited Methods for Non-Tribal Members

15.1 ILLEGAL TACKLE.

15.1.1 It will be illegal for any non-Tribal member except where expressly permitted, to fish from or in any of the waters of the Reservation for any fish with any seine, net, spear, setline, set hooks, grabhooks, trotline or snagline, or in any manner known as snagging, or with any wire fence, trap, giant powder, or any other manner other than the act of fishing with legal tackle for personal use and not for barter or sale. 13

15.1.2 Only one combination of rod, line and not more than two hooks (which may be single, double or treble) will be used under a single fishing permit. A second combination of rod, line and not more than two hooks will require purchase of a Second Rod Permit (including Tribal spouses and Tribal employees). No more than two rod combinations are permissible under any circumstances.

15.1.3 All hooks actively being used for fishing will be barbless.

15.1.4 All equipment will be closely attended by permitted angler while fishing.

15.1.5 Possession and/or use of downriggers are prohibited from July 1 through September 30.

15.2 CHUMMING. Chumming is prohibited within the exterior boundaries of the Reservation.

15.3 SNAGGING. Snagging is prohibited within the exterior boundaries of the Reservation. Possession of fish that have hook marks in any area of the body other than the head or mouth will be prima facie evidence of snagging.

15.4 BAIT FISHING. The use of bait for fishing in the waters of the Reservation is prohibited.

15.5 STRINGER RESTRICTIONS. It will be unlawful to have more than one trout on a stringer while fishing. There will be a limit of one stringer per person. For purposes of this section, stringer is defined to be any piece of string, line, or rope, whether metal, plastic, fabric or otherwise, or similar material utilized by fishermen to string and keep fish in their possession in the water while fishing.

15.5.1 It will be illegal to release any fish that has been retained on a stringer, in a cooler or live well, or other holding device. A fish will be considered part of the daily bag limit when it is not immediately returned to the waters from which it was caught.

SOME GUIDELINES FOR CATCH AND RELEASE ANGLING: The most important steps an angler can take to ensure a successful release are to hook and land the fish as quickly as possible, leave the fish in the water while removing the hook, and release the fish quickly. There are several other ways to improve survival rates:

Whatever you do, do it quickly. Keeping an exhausted fish out of water is like holding a bag over a runner who has just completed a marathon. They both need oxygen to recuperate.

Wet your hands or gloves before handling the fish. Do not injure the eyes or gills. Placing the fish on a wet towel will help the fish retain its protective slime. To keep the fish still, place it on its back or cover its eyes with a wet towel. Control the fish at all times! If you drop the fish, its chances of injury and death increase.

Decide beforehand which fish are to be kept; immediately release all others. Do not engage in a prolonged debate over whether or not to release the fish after the fish has been landed. Never place a fish in your live well intending to release it later if you catch a larger one. Once you make a decision to keep a fish, stick with it. The fishes you release from your live well have a decreased chance of survival.

Avoid the use of gaffs, and never remove large fish from the water. Take a photograph of the fish in the water and release it.

Refrain from holding fish in a vertical position when inspecting or photographing them. Internal organs are displaced and stress is increased in this unnatural position. Large fish should never be held by the bottom jaw only, with any tool designed to grip the lower jaw of caught fish to facilitate handling. Hold the fish horizontally by the lower jaw with one hand, and support the belly with the other hand. If unsupported, many large fish will rupture the isthmus – a cartilaginous bundle of ligaments that connects the head and body–and the fish will die a slow death from starvation. This connection is necessary for the tremendous gulping action during feeding.

If the hook is difficult to remove by hand, use long-nosed pliers or a hook-removal tool. Do not tear additional tissue by removing the hook. Back the hook through the original wound. If this fails, cut the leader and pull the hook forward through the injury.

Use circle hooks. They cause less injury and increase catch rates.

14

 

If your fish is in good shape, immediately return it to the water headfirst. If it does not swim or is lethargic or erratic, some “resuscitation” may be needed until the fish can swim on its own. Revive exhausted fish by first placing one hand under the tail and holding the bottom lip with the other. If it is severely lethargic, depress the bottom lip to cause the jaw to gape and gently move the fish forward. Moving the fish in an erratic back and forth motion will just induce more stress. Have you ever seen a fish swim backward and forward? At the first sign of the fish attempting to swim away-let it go. Prolonged attempts at resuscitation will be stressful to the fish.

15.6 USE OF LADDERS, ETC. Any ladders, milk crates, boxes or other objects used in the water as a fishing aid must be occupied or closely attended (i.e. remain in the area) by fishermen at all times. Any person who leaves such objects unoccupied in the water for more than one hour will be deemed guilty of littering.

15.6.1 Fishing aids described above must have a permanent tag affixed that has the name, address, and phone number of the owner of the fishing aid. If the permitted angler using the fishing aid is not the owner, the owner will be the responsible party for any infractions by the permitted angler.

15.6.2 Fishing aids described above may not be placed or used in the water before legal fishing hours, and must be removed by the end of legal fishing hours as defined in Section 18.

15.7 It will be illegal to transport live fish on any roadway within the exterior boundaries of the Reservation, with the exception of Federal, State, and Tribal entities who have written permission by the Tribal Chairperson. This includes transporting live fish in a live well (or other container) that has been removed from the water.

SECTION 16: FISHING SEASON

16.1 PYRAMID LAKE. The open waters of Pyramid Lake will be open to trout fishing from October 1 through June 30 of each year. Trout season will be closed from July 1 through September 30.

16.1.1 From July 1 through September 30 the open waters of Pyramid Lake will be open to fishing to all species except trout and cui-ui, and will be limited to shore fishing only (wading permitted, but no boats, ladders or floatation devices may be used). Any trout or cui-ui caught must be immediately released.

16.2 TRUCKEE RIVER. The open waters of the Truckee River within the exterior boundaries of the Reservation will be open to fishing from June 1 through and including February 28, and will be closed to fishing from March 1, through and including May 31.

SECTION 17: CLOSED WATERS

17.1 TRUCKEE RIVER AND MARBLE BLUFF FISHWAY.

17.1.1 TRUCKEE RIVER. The Truckee River from Numana Dam to Pyramid Lake, and that portion of Pyramid Lake within a 1,000 foot radius around the mouth of the Truckee River will be closed to fishing by non-Tribal members, and further, will be closed to fishing by Tribal members from March 1 through and including May 31 during spawning season.

17.1.2 MARBLE BLUFF FISHWAY. The Marble Bluff Fishway for its entire length and that portion of Pyramid Lake within a 1,000 foot radius around the mouth of the Marble Bluff Fishway, will be closed to fishing.

17.2 PYRAMID LAKE AND FISH REARING FACILITIES.

17.2.1 PYRAMID LAKE. Fishing is prohibited in all areas closed to boating as defined in section 5.

17.2.2 SUTCLIFFE SPAWN CHANNEL. Fishing is prohibited within a 1,000 foot radius around the Sutcliffe Spawn Channel located within the Lake Operations area, between the north and south nets.

17.2.3 FISH REARING FACILITIES. Fishing in any facilities, including but not limited to fish hatchery facilities, fishways, ponds, or raceways, utilized for the purpose of rearing fish within the exterior boundaries of the Reservation is prohibited for all persons (including Tribal members).

17.2.4 BOAT DOCKS. Fishing is prohibited within 250 foot radius of all boat docks. 15

Fork Length

17.2.5 DESIGNATED AREAS. Any area of Pyramid Lake which is clearly marked or otherwise designated by buoys, signs, etc., as determined by Tribal Council.

SECTION 18: FISHING HOURS

18.1 FISHING HOURS. Legal fishing hours will be one hour before sunrise to one hour after sunset.

SECTION 19: SIZE, CATCH & POSSESSION LIMITS

FOR NON-TRIBAL MEMBERS

19.1 SIZE LIMITS.

19.1.1 TROUT. Legal size is 17″ to 20″, and 24″ & longer. Only one trout over 24″ is allowed in possession. No trout less than 17″, or between 20″ and 24″ allowed in possession (in order to protect more large fish for spawning and to produce more trophy size fish!)

The lengths of all trout are determined by measuring the “fork length” meaning the length of any fish, measured in a straight line from the tip of the snout to the fork or center of the tail.

19.2 CATCH AND POSSESSION LIMITS.

19.2.1 TROUT. Two trout per day, not to exceed four in possession (with valid proof of having fished more than one day), and only one fish may be 24″ or longer. Any fish not immediately released will count toward the possession limit of the person having caught it.

19.2.2 CUI-UI fishing is prohibited by federal law (Endangered Species). CUI-UI fishing by Tribal members is regulated by the Tribal Council under separate resolution.

19.3 OTHER FISH. There is no size, catch or possession limit for fish species not mentioned above.

19.4 FILLETING. Filleting of trout (or other acts that would prevent verification of fish length) is not allowed within the exterior boundaries of the Reservation.

SECTION 20: LICENSE REQUIREMENTS

20.1 NON-TRIBAL MEMBERS. All non-Tribal members, except as set forth at Section 20.3 below, 12 years of age or older must have in their possession a valid Tribal Fishing Permit to fish in open waters within the exterior boundaries of the Reservation. Non-tribal members under twelve (12) years can fish at no charge with an adult who possesses a current valid Tribal fishing permit.

20.1.1 A 10% discount will be available for senior citizens (65 years and older on the date of purchase), active/retired military and Reserves, with valid identification in their possession, and non-Tribal members who are members of other federally recognized tribes, with valid Tribal identification in their possession.

20.2 TRIBAL MEMBERS. All Tribal members over 12 years of age fishing on the Reservation must have in their possession and on their person while fishing either a validly issued and authorized Tribal membership identification Card.

20.3 SPOUSES. A non-Tribal member married to a Tribal member may apply to the Tribal Council for a complimentary Tribal Fishing Permit. If no Tribal Fishing permit is obtained, a non-Tribal member married to a Tribal member will be subject to the same regulations as govern other non-Tribal members. 16

20.4 Tribal Fishing Permit fees will be as follows:

Adult: 1-Day: $11 3-Day: $28 Season: $88

Youth 12-17: 1-Day: $5 3-Day: $13 Season: $40

Second Rod: 1-Day: $11 3-Day: $28 Season: $88

20.5 LOST OR STOLEN PERMITS. The Tribe will not be responsible for lost or stolen permits. Person whose permits are lost or stolen must, at their own expense, obtain a new permit and pay the applicable fee. For purposes of Section 20.1 above, it will not be a valid defense for failing to have a permit in their possession that the permit was lost or stolen.

SECTION 21: RULES & REGULATIONS FOR FISHING GUIDE & CHARTER SERVICES

21.1 All person(s) performing fishing guide services (including fishing boat charters) within the exterior boundaries of the Reservation must complete a Pyramid Lake Tribal Sport Fishing Guide License Application, available at the Pyramid Lake Paiute Tribal Offices located at 208 Capitol Hill, Nixon, Nevada.

21.2 All applications must receive prior approval by the Pyramid Lake Tribal Council. All application fees are applicable and must be paid in full at time of permit. The annual fee will be $1,500 per guide.

21.2.1 All applications for the following season must be submitted no later than the first Friday in August prior to the season being applied for.

21.2.2 All Guide Licenses will be valid for the fishing season running October 1 through September 30 of the year for which permitted.

21.3 All guides must be bonded and insured. A background check will be required to be completed by the guide and submitted to the Pyramid Lake Paiute Tribe with the application. All rules on guide permit apply.

21.4 Person(s) guiding within the exterior boundaries of the Pyramid Lake Indian reservation, without a current and valid Tribal Council Guiding License may result in the revocation of all fishing and boating permits issued by the Pyramid Lake Paiute Tribe, and up to but not limited to five (5) years and subject to fines set forth in the appearance bond schedule.

21.5 Guide services cannot use another guide services Tribal License or (guide) permit. There is only one person per guide permit and the permit is non-transferable.

SECTION 22: RELEASE OF WILDLIFE

22.1 It will be unlawful for any person to transport or introduce any fish, fish fry, aquatic plant, or any Aquatic Invasive Species in any waters within the exterior boundaries of the Reservation, or to release any mammals, amphibians, reptiles, or birds on any land within the exterior boundaries of the Reservation.

SECTION 23: CREEL CENSUS

23.1 Subject to the provisions of 25 U.S.C. Section 1302, it will be unlawful for any person to refuse or fail to answer all questions relating to this fishing activity on the waters of the Reservation asked by any person (a) authorized by the Tribal Council to enforce the provisions of the Pyramid lake Hunting and Fishing ordinance and these regulations or (b) authorized by the Tribal council to engage in scientific research, propagation f fish and the stocking of reservation water therewith.

23.1.1 It will be unlawful for anyone who is traveling southbound on State Route 445 and has engaged in the act of fishing prior to leaving the Lake, and has not previously reported such fishing activity on a Voluntary Creel Survey Form, to fail to stop at the Pyramid Lake Creel Census Station (located on State route 445 at Mile marker 28.2), when it is OPEN.

23.1.2 Anglers are encouraged to stop, even when the creel Census Station is CLOSED, to complete a Voluntary Creel Survey Form and leave it in the drop-box. There is also a Voluntary Creel Census Station located behind the Nixon Store, located at the intersection of State Routes 446 and 447, where Voluntary Creel Survey Forms can be completed and left in the drop-box. 17

SECTION 24: ENFORCEMENT

24.1 VIOLATIONS, CIVIL FINES. Any person who violates any provision of the Tribe’s fishing regulations will be subject to a civil fine for each such offense, and will be required to pay a fine of not less than $50.00 nor more than $5,000.00 for each such offense.

24.2 REPORTS OF VIOLATIONS. Reports of alleged violations of the provisions of the Tribe’s fishing regulations may be made at the Ranger Station during regular business hours. Reports outside of regular business hours may be left on the answering machine at 775-476-1155.

SECTION 25: FISHING DERBIES

25.1 PERMIT RULES AND FEES.

25.1.1 All fishing derbies and special fishing events must submit a letter of request and application form to the Pyramid Lake Tribal secretary at least 60 days prior to holding the event. PLPT, P.O. Box 256, Nixon, Nevada 89424

25.1.2 Prior to approval an event fee will be assessed by the Pyramid Lake Paiute Tribal Council based upon information provided by the regulations working group.

25.1.3 Valid Pyramid Lake Paiute Tribal fishing and boating permits are still required.

25.1.4 Organizer of derby/event is responsible for reimbursement to Tribe for Search and Rescue if negligence on part of the participant is determined.

25.1.5 All Creel Census data is to be strictly adhered to.

25.1.6 Failure to comply with rules and regulations will result in civil fines set forth on the Fishing Bond Schedule, section 24.1 Enforcement. Failure to comply with rules & regulations may result in denial of future applications.

25.1.7 MAXIMUM LENGTH OF DERBY/EVENT IS TWO (2) DAYS.

25.1.8 Derby/event organizer must be bonded and insured. Certifications of coverage will be submitted to the Tribe with the derby/event application.

25.1.9 All fish weighed-in for a derby will be counted toward the angler’s daily bag limit, and will not be released back into any waters within the exterior boundaries of the Reservation.

HUNTING

SECTION 26: HUNTING AND TRAPPING

26.1 FIREARMS. No firearms are permitted to be transported by non-Tribal members onto the reservation or possessed or used by non-Tribal members within the exterior boundaries of the Reservation. Special Permits Requests can only be approved by Tribal Council.

26.2 HUNTING. Hunting by non-Tribal members within the exterior boundaries of the Pyramid Lake Indian Reservation is prohibited. The hunting of Bighorn sheep (all species) by Tribal members within the exterior boundaries of the reservation is also prohibited. All other hunting by Tribal members within the exterior boundaries of the Reservation is regulated by the Tribal Council by separate resolution.

26.3 TRAPPING. Trapping by non-Tribal members within the exterior boundaries of the Pyramid Lake Indian Reservation is prohibited. Tribal members may trap birds or mammals within the exterior boundaries of the Reservation under such regulations as the Tribal Council may prescribe.

26.4 HUNTING AND TRAPPING. All Federal Laws apply to Tribal members and non-Tribal members.

MISCELLANEOUS

MISCELLANEOUS REGULATIONS 18

SECTION 27: APPLICABILITY

The following miscellaneous regulations, with the exception of Section 29.1.2 and 29.2 governing vicious dogs, will be applicable to non-Tribal members entering the Pyramid Lake Indian Reservation, and using the lake for boating, camping, fishing, swimming or other recreational activities. Sections 29.1.2 and 29.2, governing vicious dogs on the Reservation, will apply to all persons on the Reservation including both members and non-members, regardless of whether such persons permanently reside on the Reservation or are on the Reservation temporarily, or otherwise.

SECTION 28: MAP OF DESIGNATED ROADS

The Tribe will include with the handbook of Tribal regulations and general information, and at such other places as the Tribal council and/or Tribal Ranger will designate, a map clearly marking designated roads on the Reservation. Travel may only be on the designated roads as indicated by the map. Violators of this section will be required to pay a civil fine of not less than $50.00 or more than $500.00.

SECTIONS 29: DOGS RUNNING AT LARGE AND VICIOUS DOGS

29.1 DEFINITIONS. For purposes of this section, the following definitions will apply:

29.1.1 RUNNING AT LARGE means to be off the premises of the owner and not under the control of the owner or an authorized person over 12 years of age, by leash, but an animal within the automobile or other vehicle of the owner will be deemed to be put upon the owner’s premises. Animals left on the owner’s premises unattended in extreme weather conditions (hot or cold) will be charged with animal cruelty.

29.1.2 VICIOUS DOG means any dog that inflicts unprovoked bites or attacks human beings or other animals either on public or private property or in a vicious or terrorizing manner, or approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places within the Reservation. A vicious dog does not include a dog that attacks or bites any person who in unlawfully on the premises of the owner or keeper of the dog, or a dog which attacks or bites in self-defense, or is provoked to attack or bite.

29.2 VICIOUS DOG PROHIBITED. No person may keep or own a vicious dog.

29.3 PROHIBITION OF ANIMALS IN CERTAIN AREAS OF THE RESERVATION. The Tribal Council may, upon proper posting, prohibit animals in certain areas of the Reservation.

DEFINITIONS

ARCHEOLOGICAL RESOURCE. 16 U.S.C 470bb(t) states: (1) The term “archeological resource” means any material remains of past human life or activities which are of archeological interest, as determined under uniform regulations promulgated pursuant to this Act. Such regulations containing such determination will include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portions or piece of any of the foregoing items. Non fossilized and fossilized paleontological specimens, or any portions or piece thereof, will not be considered archeological resources, under the regulations under this paragraph, unless found in an archeological context. No item will be treated as an archeological resource under regulations under this paragraph unless such item is at least 100 years of age.

AQUATICE INVASIVE SPECIES. “Aquatic Invasive Species” will include but not be limited to: Quagga mussels, Zebra mussels, New Zealand mud snails, Curly Leaf pond weed, or Eurasion water milfoil. Aquatic Invasive Species pose a serious threat to the waters of the Truckee River-Pyramid Lake region, and could pose a disastrous impact to the ecology, infrastructure, recreation, and economy of the Tribe.

BAIT. “Bait” means any animal or vegetable substance, including, but not limited to crayfish, fish, fish eggs, frogs, salamanders, waterdogs or worms, used for the purpose of fishing. PowerBait and similar products are considered bait.

BIRD. “Bird” means any wild or feral bird. 19

BOAT. “Boat” means any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any vessel or structure floating on the water, whether or not capable of self-locomotion, including but not limited to houseboats, barges and similar floating objects; provided, that boat does not include float tubes, small rafts, sail boards, or any other small flotation device used solely for single person recreation.

CAMPING. “Camping” means to erect a tent or shelter or use any motor vehicle for the purpose of, or in such a way as will result in, overnight occupancy thereof within the exterior boundaries of the Pyramid Lake Paiute Reservation.

CHUMMING. “Chumming” means the placing in the water of fish, parts of fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.

CLOSED WATERS. “Closed waters” means any lake, river, stream, body of water or any part thereof, within the Reservation described or designated wherein it will be unlawful to operate a boat.

COUNCIL. “Council” means the Pyramid Lake Paiute Tribal Council.

FISH. “Fish” means any species of aquatic fin fish in any stage of the life cycle found or introduced into the Reservation.

FORK LENGTH. “Fork length” means the length of any fish, measured in a straight line from the tip of the snout to the fork of the tail.

GUIDE. Any person(s) engaged in the business to manage, supervise, conduct, direct, lead, steer, escort, pilot, show, control, affect, or regulate, another person(s) in sport fishing for monetary gain.

HOOK. “Hook” or “fish hook” means any implement to catch or hold fish. “Single hook” means any barbless hook with one point. “Double hook” means any hook with two points attached to a single shank; “Treble or triple hook” means any hook with three points, with or without barbs, attached to a single shank.

LEGAL TACKLE. “Legal Tackle” means a hook and line attached to a rod and reel held in hand while landing fish.

MAMMAL. “Mammal” means any wild or feral mammal.

MEMBER. “Member” means any person whose name appears on the records of the Tribe as an enrolled member of the Pyramid Lake Paiute Tribe.

MOTORBOAT. “Motorboat” means any boat that is not a sailboat.

OPEN WATERS. “Open waters” means any waters within the boundaries of the reservation not designated as closed waters.

OPERATE. “Operate” and its derivatives “operating” and “operated”, etc., mean to cause, bring about or effect the propulsion of any b oat on the waters of the Reservation.

PERSON. “Person” means any individual, Indian, non-Indian, partnership, joint stock company or corporation.

RECREATIONAL OFF-HIGHWAY VEHICLES (ROHVs). Off-highway vehicles are defined as: 1) 4-wheel drive jeeps, automobiles, pickups or sport utility vehicles; 2) motorcycles designed for cross-country use; 3) all-terrain vehicles, better known as ATVs and 4) snowmobiles, and 5) other specially designed or modified off-road motor vehicles used for recreation.

RECREATIONAL VEHICLES (RVs). Recreational Vehicles are defined as either motor vehicles or towable trailers that normally include a kitchen, a bathroom and one or more sleeping facilities.

SAILBOAT. “Sailboat” means any boat having sails as its principal means of propulsion.

SNAGGING. “Snagging” means any activity whereby an effort is made to hook a fish in any part of its body other than its mouth by constant jerking of a hook or hooks attached to a line, pole, rod or other device. 20

TO FISH. “To fish” and its derivatives “fish”, “fishing”, “fished”, etc., mean any effort including every attempt to take and every act of assistance to any other person in taking or attempting to take fish in the waters on the Reservation.

TO HUNT. “To hunt” and derivatives “hunt”, “hunting”, “hunted”, etc., mean any effort to take any bird or mammal, including every attempt to take and every act of assistance to any other person in taking or attempting to take birds or mammals.

TO TAKE. “To take” and its derivatives “taking” and “take”, include pursuing, shooting, hunting, killing, or capturing, trapping, snaring and netting birds, fish and mammals, and all lesser acts such as disturbing, harassing or worrying, or placing, setting, drawing or using any net or other device commonly used to take any such animal, and any attempt to do any of the foregoing.

TO TRAP. “To trap” and its derivatives “trap”, “trapping”, “trapped”, etc., mean taking, killing and capturing any bird or mammal with traps, deadfalls and other devices commonly used to take such animals, and the shooting or killing of such animals lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, deadfalls or other devices whether they result in taking or not, every attempt to take and every act of assistance to any other person in taking or attempting to take such animals with traps, deadfalls or other devices.

TRIBAL LAND. “Tribal land” includes any area designated by the Tribal Council as a public park, playground or recreational facility which includes the water and shores of Pyramid Lake.

TRIBE. “Tribe” means the Pyramid Lake Paiute Tribe.

WATERCRAFT. “Watercraft” means any boat or other vessel that travels on water. BOND SCHEDULE
P.L. Code Description Bond Amount ($)
1.1 Unauthorized Camping/Day use 75
1.6, 1.6.4, 1.6.5 Unauthorized Fires 100
1.7 Unauthorized Animal Control 55
1.8 Unauthorized Plant Disturbance or Harm 50
1.9 Unauthorized Excavation or Disturbing Historic Sites 50 – 5,000
1.1 Unauthorized Landing of Aircraft 250
1.11 Unauthorized Property Defacement 500 – 1,500
1.12 Unauthorized Depositing Rubbish and Littering 250
1.12.3 Unauthorized Firearms 250
1.12.4 Unauthorized Fireworks 750
1.12.5 Unauthorized Pallets or Glass Bottles 100 – 500
1.13 Park Trespassing 250
1.14.1 Disturbing the Peace 250
1.14.2 Abusive Language and Disturbances 250
1.14.4 Nudity and Disrobing 100 – 250
1.15 Unauthorized Smoking 50
1.16.1 Unauthorized Sewage Dumping and Sanitation 500
1.17 Curfew 100
1.18.1, 1.18.6 Unauthorized Vehicle Off-Road Operation 220
1.18.2, 1.18.3 Unauthorized Vehicle Speed limit 75
1.18.4, 1.18.5, 1.18.9 Unauthorized Parking 100
1.18.7 Reckless Use of Bicycles and Other Operator Propelled Vehicles 50

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