(k) Pink salmon means: That species of salmon known by the scientific name Oncorhynchus gorbuscha.

(1) Sockeye salmon means: That species of slamon known by the scientific name Oncorhynchus nerka.

(m) State areas means: Fishing areas defined as Puget Sound Salmon Management and Catch Reporting Areas in Washington Administrative Code Chapter 220-22.

(n) Stretch measure means: The distance between the inside of one knot to the outside of the opposite (vertical) knot in one mesh. Measurement shall be taken when the mesh is stretched vertically while wet, by using a tension of ten (10) pounds on any three (3) consecutive meshes, then measuring the middle mesh of the three while under tension.

(0)

Treaty

Indian means: Any member of a treaty Indian tribe which has treaty fishing places in U.S. Convention waters.

(p) Treaty Indian identification means: Identification issued by the Bureau of Indian Affairs or a treaty Indian tribe identifying the holder as a member of the issuing tribe. The identification card shall include the name and address of the tribal member, the member's enrollment number (if any), date of birth, and the member's photograph.

(q) Treaty Indian tribe means: Any tribe which has been found by the United States District Court for the Western District of Washington to be entitled to exercise treaty-secured fishing rights in U.S. Convention waters. Currently these tribes are the Makah Tribe, Lower Elwha Band Clallam Tribe, Port Gamble Band Clallam Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish Indian Tribal Community, and Tulalip Tribe.

(r) Treaty fishing places (of an Indian tribe) means: Any location which shall have been previously determined by the United States District Court for the Western District of Washington in "U.S. v. Washington" to be a place at which that treaty tribe may take fish under rights secured by a treaty of the United States with such tribe or its predecessor in interest.

(s) Washington Administrative Code means: Only those chapters and sections of the Washington Administrative Code that were in effect as of June 25, 1978.

(t) Vessel means: Every type or description of water craft or other contrivance used, or capable of being used, as a means of transportation in water.

§ 256.13 Other laws and regulations.

Nothing in this subpart shall be construed to relieve a treaty Indian or his authorized assistant from any applicable requirement lawfully imposed by a tribe, the United States, or the State of Washington. Nor shall anything herein authorize any treaty Indian or his authorized assistant to act contrary to any restriction or requirement of applicable tribal laws.

§ 256.14 Identification.

(a) Any treaty Indian fishing under the authority of this subpart shall have in his possession at all such times treaty Indian identification required by 25 CFR 256.3 and by applicable tribal law.

(b) Any person assisting a treaty Indian under the authority of § 256.15 shall have in his possession at all such times an identification card issued by the Bureau of Indian Affairs or by a treaty Indian tribe, identifying the holder as qualified to assist a treaty Indian. The identification shall include the name of the issuing tribe, the name, address, tribal affiliation, date of birth, and photograph of the assistant, and the name and enrollment number (if any) of the treaty Indian the assistant is qualified to assist.

(c) Identification described in paragraphs (a) or (b) of this section shall be shown on demand to an enforcement officer by the treaty Indian or authorized assistant.

(d) Any treaty Indian fishing under this subpart shall comply with the treaty Indian vessel and gear identification requirements of Decision No. 1 and subsequent Orders of the U.S. District Court for the Western District of Washington in U.S. v. Washington, as

implemented in Washington Administrative Code 220-47-121.

§ 256.15 Fishing assistance.

Notwithstanding 25 CFR 256.5, any treaty Indian fishing under this subpart may be assisted, if authorized by the treaty Indian's tribe, by the treaty Indian's spouse, forebears, children, grandchildren and siblings authorized by the United States District Court for the Western District of Washington in U.S. v. Washington. Persons so authorized shall be considered treaty Indians for the purposes of this subpart.

§ 256.16 Reporting requirements.

(a) Any person receiving or purchasing fish caught by any treaty Indian fishing under this subpart shall comply with Decision No. 1 and subsequent Orders of the U.S. District Court for the Western District of Washington in U.S. v. Washington as implemented in Washington Administrative Code Chapter 220-69.

(b) Any treaty Indian who sells fish caught under the authority of this subpart directly to a consumer, restaurant, boathouse, or any other retail outlet shall comply with Washington Administrative Code Chapter 220-69.

(c) No person receiving or purchasing sockeye and pink salmon caught in U.S. Convention waters during the time the Commission exercises control over fishing for sockeye and pink salmon shall fail to permit enforcement officers to inspect records or reports required by WAC 220-69 or to inspect fish landing, holding or storage areas under the control of this person.

§ 256.17 Fishing seasons.

(a) No treaty Indian shall fish for sockeye or pink salmon with nets in U.S. Convention waters from June 25, 1978 to July 15, 1978, both dates inclusive.

(b) No treaty Indian shall fish for sockeye or pink salmon in U.S. Convention waters from July 16, 1978 to July 22, 1978, both days inclusive, except with lawful gear from 7:00 a.m. on Sunday to 9:30 p.m. on Tuesday.

(c) No treaty Indian shall fish for sockeye or pink salmon in U.S. Convention waters in that part of State

Area 5 which extends easterly of a line drawn from Slip Point on the Olympic Peninsula to Sheringham Point on Vancouver Island, and State Areas 6C, 6, 6A, 7, and 7A, except with lawful gear from:

(1) From July 23, 1978 to July 29, 1978, both dates inclusive, from 7:00 p.m. on Sunday afternoon to 9:30 a.m. on Thursday morning.

(2) July 29, 1978 to August 5, 1978, both dates inclusive, from 7:00 p.m. on Saturday afternoon to 9:30 a.m. on Wednesday morning.

(3) August 6, 1978 to August 12, 1978, both dates inclusive from 7:00 p.m. on Sunday afternoon to 9:30 a.m. on Thursday morning.

(4) August 12, 1978 to August 19, 1978, both dates inclusive from 6:00 p.m. on Saturday afternoon to 9:00 a.m. on Wednesday morning.

(5) August 20, 1978 to August 26, 1978, both dates inclusive, from 6:00 p.m. on Sunday afternoon to 9:00 a.m. on Thursday morning.

(6) August 26, 1978 to September 2, 1978, both dates inclusive, from 6:00 p.m. on Saturday afternoon to 9:00 a.m. on Wednesday morning.

(7) September 3, 1978, to September 9, 1978, both dates inclusive, from 6:00 p.m. on Sunday afternoon to 9:00 a.m. on Thursday morning.

(d) No treaty Indian shall fish for sockeye or pink salmon in U.S. Convention waters in State Area 4B and that part of State Area 5 which extends westerly of a line drawn from Slip Point on the Olympic Peninsula to Sheringham Point on Vancouver Island, except with lawful gear from:

(1) July 23, 1978 to July 29, 1978, both dates inclusive, from 7:00 p.m. on Sunday afternoon to 9:30 a.m. on Friday morning.

(2) July 29, 1978 to August 5, 1978, both dates inclusive, from 7:00 p.m. on Saturday afternoon to 9:30 a.m. on Thursday morning.

(3) August 6, 1978 to August 12, 1978, both dates inclusive, from 7:00 p.m. on Sunday afternoon to 9:30 a.m. on Friday morning.

(4) August 12, 1978 to August 19, 1978, both dates inclusive, from 6:00 p.m. on Saturday afternoon to 9:00 a.m. on Thursday morning.

(5) August 20, 1978 to August 26, 1978, both dates inclusive, from 6:00 p.m. on Sunday afternoon to 9:00 a.m. on Friday morning.

(6) August 26, 1978 to September 2, 1978, both dates inclusive, from 6:00 p.m. on Saturday afternoon to 9:00 a.m. on Thursday morning.

(7) September 3, 1978 to September 9, 1978, both dates inclusive, from 6:00 p.m. on Sunday afternoon to 9:00 a.m. on Friday morning.

(e) Notwithstanding the foregoing provisions, no treaty Indian shall fish for sockeye or pink salmon in U.S. Convention waters lying westerly and northerly of a straight line drawn from Iwerson's Dock on Point Roberts to Georgina Light at Active Pass, from August 27, 1978 to September 2, 1978, and from September 24, 1978 to September 30, 1978, all dates inclusive.

(f) Notwithstanding the foregoing provisions, no treaty Indian shall fish for sockeye or pink salmon in U.S. Convention waters lying westerly of a line drawn true south from the southeast tip of the Point Roberts Peninsula, locally known as Lily Point, to the intersection with the International Boundary, from September 3, 1978 to September 23, 1978.

(g) The foregoing regulations shall not apply to the following United States Convention waters:

(1) State Area 7B including Hale Passage and Bellingham Bay and all Convention waters of State Area 7B lying easterly and inside of a line projected from Carter Point on Lummi Island to the most northerly tip of Vendovi Island, then to Clark Point on Guemes Island following the shoreline to Southeast Point on Guemes Island, then to March Point on Fidalgo Island, and

(2) State Area 6B and 7C, and

(3) Preserves previously established by the Director of Fisheries of the State of Washington for the protection of other species of food fish.

(h) All times referred to shall be Pacific Daylight Saving Time.

§ 256.18 Emergency orders.

(a) These regulations are subject to frequent change by emergency order, particularly with respect to permissi

ble fishing times. When the necessity for an emergency order is known 24 hours or more before the time it is to become effective, notice of the basis of the emergency and anticipated change will be transmitted immediately to the Northwest Indian Fisheries Commission for the treaty tribes, in order that the treaty tribes may amend tribal fishing regulations in response to the emergency.

(b) Notice of a change in these regulations and tribal regulations referred to in § 256.19 will be provided through the Northwest Indian Fisheries Commission and is available by calling the Northwest Indian Fisheries Hot-Line (800-562-6142). Emergency orders will be published in the FEDERAL REGISTER as quickly as possible.

(c) Emergency orders are effective at the time notice is provided to the Northwest Indian Fisheries Commission or as otherwise stated in the order, whichever time is later.

§ 256.19 Treaty tribe fishing regulations. To the extent that they are consistent with this subpart, treaty tribe fishing regulations governing treaty Indian sockeye and pink salmon fishing in U.S. Convention waters during the time the Commission exercises control, which are approved under 25 CFR 256.2(b), and emergency orders under such treaty tribe fishing regulations, are incorporated herein and effective for all purposes as part of this subpart.

§ 256.20 Unlawful possession.

No treaty Indian shall possess sockeye or pink salmon on board a fishing vessel which is engaged in a fishery for other species in U.S. Convention waters during the times these waters are closed by the regulations in this subpart.

§ 256.21 Forcible assault on enforcement officer.

No person fishing under this subpart shall assault, resist, oppose, impede, intimidate, or interfere with an enforcement officer engaged in enforcing this subpart.

The regulations in this part govern the reacquisition by former Indian and non-Indian owners of lands, or interests therein, acquired by the United States of America as a part of the Badlands Air Force Gunnery Range, sometimes referred to and known as the Pine Ridge Aerial Gunnery Range. The regulations also govern the acquisition by former Indian owners of life estates in national monument lands formerly owned by them and the acquisition of lieu lands when lands formerly owned by them are not available or are not desired by them for reacquisition. The legislative authority for reacquisition of lands or interests therein by former owners is the Act of August 8, 1968 (Public Law 90-468; 82 Stat. 663).

quired by the United States for use of the Air Force commonly known as the Pine Ridge Aerial Gunnery Range or the Badlands Air Force Gunnery Range.

(e) "Monument" means the Badlands National Monument as enlarged by section 1 of the Act of August 8, 1968 (Public Law 90-468).

(f) "Tribe" means the Oglala Sioux Tribe of Indians of South Dakota.

§ 257.3 Eligibility to purchase.

(a) Any former owner of a tract of land or interest in a tract of land, whether title was held in trust or in fee, which was acquired by the United States as a part of the Gunnery Range may purchase such tract pursuant to the provisions of the Act and the regulations set forth in this part: Provided, Said tract has been declared excess to the needs of the Department of the Air Force, has been transferred to the administrative jurisdiction of the Secretary of the Interior, and is not within the boundaries of the Monument or within that portion of the Gunnery Range retained for use of the Department of the Air Force.

(b) If a former owner is deceased and is survived by a spouse, the spouse may purchase under the same terms and conditions as the former owner except that if the former owner was an Indian whose land was held in trust and his surviving spouse is a nonIndian, the title to said tract shall be conveyed to the non-Indian spouse in a fee simple status.

(c) If the former owner is deceased and the spouse is also deceased, the children of the former owner may repurchase the tract.

(d) If the former owner is not survived by a spouse or children there exist no repurchase rights involving the tract.

(e) Not more than five former owners may join in purchasing a tract of land. "Former owner" means each person from whom the United States acquired an interest in a tract of land, or if such person is deceased, the surviving spouse, or if such spouse is deceased, his children. If more than five former owners apply to acquire a tract, the Superintendent shall notify

them in writing that it will be necessary for them to agree among themselves as to the five or less of them who shall acquire the tract. If agreement among the owners is obtained, those individuals who are to acquire the tract shall then file an application to purchase it. The matter of reaching agreement among the owners is the sole responsibility of said owners and not the responsibility of the Department of the Interior and/or the Bureau of Indian Affairs to participate in the negotiations between the owners. If the former owners fail to reach such an agreement, all applications for the tract shall be rejected.

§ 257.4 Notice to former owners.

After publication of these regulations, there shall be published in the FEDERAL REGISTER notice that certain described lands and interests in lands have been transferred to the administrative jurisdiction of the Secretary and are available for repurchase by the former owners pursuant to section 3(b) of the Act. Upon transfer of administrative jurisdiction over lands that may thereafter be declared excess to the needs of the Department of the Air Force and acceptance by the Secretary, notice of such transfer shall be published in the FEDERAL REGISTER. No attempt shall be made to notify each individual former non-Indian owner personally, but the transfer of jurisdiction to the Secretary may be further publicized by the publishing of notice in a local newspaper of general circulation.

§ 257.5 Special notice to former Indian

owners.

(a) The Superintendent shall notify the former Indian owners, in writing, at their last known addresses of their right to repurchase the tracts formerly owned by them in those instances where the tracts are outside of the boundaries of the Monument and are outside of the boundaries of the area of the Gunnery Range retained by the Department of the Air Force. Such notice shall include (1) the legal description, (2) the purchase price thereof, (3) the minimum amount of down payment required, (4) a recital that

balance of purchase price may be paid in 20 annual installments, (5) the annual rate of interest on unpaid balance, (6) information whether title is to be taken in trust or in fee, and (7) the date by which the executed application to purchase must be received in the office of the Superintendent. A form of application for execution by the former owners shall accompany said notice, said application to include the legal description of the land, purchase price and other pertinent information.

(b) In those instances where the tracts of land or portions thereof are within the boundaries of the area of the Gunnery Range retained by the Department of the Air Force, the Superintendent shall notify the former Indian owners, in writing, at their last known addresses that they may elect to purchase available tracts of land in lieu of the lands formerly owned by them, said lieu lands to be of substantially the same value as the tracts originally owned by them. Such notice shall also advise said former owners that they may, as an alternative, elect to purchase the tracts formerly owned by them at such time as the tracts may be declared excess to the needs of the Department of the Air Force and transferred to the Secretary of the Interior. As to this alternative, no promise or prediction may be made as to when, or whether, the land may eventually become surplus to the needs of the Department of the Air Force, and the notice shall specifically so state. Such notice shall include (1) the legal description of the land formerly owned by them (2) the purchase price of the lieu land which price shall be computed on the same basis as though the original tract were available, (3) the minimum amount of down payment required, (4) a recital that balance of purchase price may be paid in 20 annual installments, (5) the annual rate of interest on unpaid balance, (6) information whether title is to be taken in trust or in fee, and (7) the date by which election to purchase lieu lands or wait until lands formerly owned by them are declared excess must be received in the office of the Superintendent. The notice shall be