1. (1) Members of the Confederated Tribes of Siletz Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Confederated Tribes of Siletz Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department), (the "Siletz-ODFW 2023 Agreement"), and within the geographic scope of that Agreement, entered into by both parties in 2023, incorporated herein by reference.
2. (2) The Siletz Indian Tribe and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the Siletz-ODFW 2023 Agreement and within the geographic scope of that Agreement.
3. (3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the Siletz-ODFW 2023 Agreement.

4. (4) Nothing in the Siletz-ODFW 2023 Agreement shall be construed as:

   1. (a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;
   2. (b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or
   3. (c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe.

5. (5) The parties to the Siletz-ODFW 2023 Agreement intend for that Agreement to describe the Confederated Tribes of Siletz Indians’ hunting, fishing, trapping and animal gathering opportunities in Oregon, and for the Siletz-ODFW 2023 Agreement to be a voluntary successor the “Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members” entered into by the United States on April 22, 1980.

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 190.110, 496.138, 496.162 & 496.146

Statutes/Other Implemented

496.138, 496.012, 496.162, 496.146 & 506.109

History

DFW 39-2025, amend filed 05/22/2025, effective 05/22/2025
DFW 62-2023, adopt filed 07/07/2023, effective 07/07/2023