September 1966 



COMMERCIAL FISHERIES REVIEW 



79 



5. Big White Salmon (also known as Under - 

 wood)--on west bank of Big White Salmon 

 River where it enters Columbia, just east of 

 Underwood, Wash. 4.19 acres. 



The proposed regulations provide that 

 fishing from the sites on the Columbia River 

 is restricted to enrolled member of the Yak- 

 ima, Umatilla, and Warm Springs Tribes and 

 other Columbia River Indians having treaty 

 fishing rights at locations destroyed by con- 

 struction of Bonneville Dam. The same re- 



striction applies to the use of camping areas 

 at the sites. 



Interested persons were given the oppor- 

 tunity to submit written comments, sugges- 

 tions, or objections on the proposed regula- 

 tions. 



A Notice of Proposed Rule Making as pub- 

 lished in the Federal Register of July 1, 1966, 

 follows : 



DEPARTMENT OF THE INTERIOR 



Bureau of Indian Affairs 



[ 25 CFR Part 255 1 



USE OF COLUMBIA RIVER INDIAN 

 IN-LIEU FISHING SITES 



Notice of Proposed Rule Making 



Basis and purpose. Notice Is hereby 

 given that pursuant to the authority 

 vested In the Secretary of the Interior 

 by the Revised Statutes, sections 161 (5 

 U.S.C. 22), and 463 and 465 (25 U.S.C. 2 

 and 9) and pursuant to other authoriz- 

 ing Acts, it is proposed to add a new Part 

 255 to Chapter I, Title 25 ot the Code of 

 Federal Regxilations, to prescribe rules 

 governing the use of lands and facilities 

 acquired by the Secretary of the Army 

 and transferred to the Secretary ot the 

 Interior pursuant to the Act of IVIarch 2, 

 1945 (59 Stat. 10, 22) as amended by the 

 Act of June 8, 1955 (69 Stat. 85) , to re- 

 place Indian fishing grounds submerged 

 or destroyed as a result of the construc- 

 tion of the Bonneville Dam. 



The purposes of these regulations are 

 (1) to set forth the quallflcations for use 

 ot the sites and to provide for identifl- 

 cation of eligible users, (2) to limit the 

 purposes for which the sites may be used, 

 and (3) to specify the manner of using 

 the sites. 



It Is the policy ot the Department of 

 the Interior, whenever practicable, to 

 afford the public an opportunity to par- 

 ticipate In the rule making process. 

 Accordingly, Interested persons may sub- 

 mit written comments, suggestions, or 

 objections with respect to the proposed 

 regulation to the Bureau of Indian 

 Affairs, Washington, D.C. 20240, within 

 30 days of the date of publication of this 

 notice in the Federal Register. 



The proposed Part 255 is as follows: 



Sec. 



255.1 Fishing sites subject to regulation. 



255.2 Persons eligible to use sites. 



255.3 Identification ol eligible users. 



255.4 Applicability of fishing laws and 



regulations. 



255.5 AppUcabUlty of State laws. 



255.6 Damage to Government-owned prop- 



erty. 



255.7 Unauthorized structures. 



255.8 Lability for condition and use of 



fishing platforms. 



255.9 ^o property on sites to be left un- 



attended. 



265.10 Camping and use restrictions. 



255.11 FlrearmB and explosives prohibited. 



265.12 No commercial purchase of fiflh. 



255.13 Gambling prohibited. 



AuTHOBiTT : The provisions of this Part 255 

 Issued under 6 U.S.C. 22; 25 U.S.C. 2, g. 



§ 255.1 Fishing sites subject to regula- 

 tion. 



Use of any of the lands acquired by the 

 Secretary of War and transferred to the 

 Secretary of the Interior pursuant to 

 the Act of March 2, 1945 (59 Stat. 22), 

 as amended (hereinafter called "in lieu 

 fishing sites" or "sites") to replace In- 

 dian fishing groimds submerged or de- 

 stroyed as a result of the construction 

 of the Bonneville Dam shall be subject 

 to the following rules and regulations. 

 The Area Director. Portland Area OfBce. 

 Bureau of Indian Affairs (hereinafter 

 called "Area Director"), may suspend or 

 withdraw the privileges of access to or 

 use ot any or all the sites for any viola- 

 tion of the regulations in this part or 

 of any rules Issued pursuant to the regu- 

 lations in this part. 



§ 255.2 Persons eligible to use sites. 



The in-lleu fishing sites are for the 

 benefit of the Yakima, UmatlUa, and 

 Warm Springs Indian Tribes, and other 

 Columbia River Indians having treaty 

 fishing rights at locations inundated or 

 destroyed by Bonneville Dam, to be used 

 In accordance with treaty rights. Fish- 

 ing from the sites is restricted to en- 

 rolled members of any ot the afore- 

 mentioned tribes or groups, and the use 

 of camping areas on the sites is restricted 

 to such Indians and their families. 



§ 255.3 Identification of eDgible users. 



For the purpose of identification of the 

 persons entitled to use the sites for fish- 

 ing, each member ot the aforementioned 

 tribes or groups shall have Lq his pos- 

 session an Identification card issued by 

 his tribe or the Area Director, identifying 

 him as a member of that tribe or group 

 of Indians, and shall exhibit the iden- 

 tification upon request ot authorized per- 

 sons. 



§ 255.4 Applicability of fishing laws and 

 regulations. 



No such Indian shall use any of the 

 sites for fishing or tor any activity di- 

 rectly associated with fishing that Is con- 

 trary to the provisions of any law or reg- 

 ulation ot hli tribe or to any fishing reg- 

 ulations that may be prescribed by the 

 Secretary of the Interior. 



§ 255.5 Applicability of State laws. 



State law and local ordinances now ex- 

 isting, or hereafter enacted, which do not 

 Interfere with treaty fishing rights or 

 with applicable Federal law apply to 

 and on the sites. Violation of such State 

 or local laws shall be grounds for suspen- 

 sion or withdrawal of privileges for 

 future access to or use of the sites. 



§ 255.6 Damage to Government-owned 

 property. 



Anyone committing any act of depre- 

 dation, destruction, theft, or misuse ot 

 the land, buildings, fences, signs, or other 

 structures which are the property of the 

 United States shall be subject to prose- 

 cution under applicable Federal or State 

 law. 



§ 255.7 Unauthorized structures. 



No structures shall be erected or 

 placed upon the sites without prior ap- 

 proval of the Area Director or his des- 

 ignee. Any structure erected in viola- 

 tion of these regulations may be 

 removed, demolished, or otherwise dis- 

 posed ot with or without prior notice, 

 as determined by the Area Director, and 

 the cost of such disposition may be as- 

 sessed against the person responsible for 

 the structure. 



§ 255.8 Liability for condition and use 

 of fishing platforms. 



(a) Any fishing platforms or other 

 private structures erected or placed on 

 the sites are the sole responsibility of 

 their owners, and all use of such struc- 

 tures shall be at the user's or owner's 

 sole responsibility and risk. Neither the 

 United States nor any officer or em- 

 ployee thereof warrants, makes any rep- 

 resentation, or is responsible for the 

 safety or condition of any such structure. 



(b) The approval required by the 

 regulations in this part for the erection 

 or placement of said structures is solely 

 tor the protection of the sites and tor 

 the prevention of unauthorized use of 

 the sites or any portion thereof. Any 

 use or occupancy of any such platforms 

 without the authority or permission of 

 the owner shall be a trespass. 



§ 255.9 No property on sites to be left 

 unattended. 



No vehicle, trailer, boat, or other per- 

 sonal property shall be placed or left 

 unattended on the sites except as may 

 be authorized by the Area Director. 

 Property left in violation of these regu- 

 lations may be removed without prior 

 notice to the owner and may be stored 

 or otherwise disposed of at the owner's 

 expense as determined by the Area Di- 

 rector. 



g 255,10 Camping and use restrictions. 



All camping, picnicking, use of alco- 

 holic beverages, setting or use of fires 

 and use of the sites for cleaning ot fish, 

 and the deposit of any garbage, paper, 

 cans, bottles, or rubbish ot any kind shall 

 be subject to such prohibitions, restric- 

 tions, or other regulations as the Area 



