By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – School is winding down and summer is just around the corner, and fishing is a popular pastime on the Qualla Boundary this time of year.
The Fish Cherokee website, operated by the EBCI (Eastern Band of Cherokee Indians) Division of Agriculture and Natural Resources, states, “Thirty miles of privately stocked, freestone streams unwind around you – running pure and descending into Cherokee by way of the runoff from the nearby Great Smoky Mountains. These are the same waters the Cherokee people have fished for centuries, and now are the longest privately owned and stocked fishing waters east of the Mississippi.”
Let’s discuss the fishing law of the Eastern Band of Cherokee Indians (EBCI).
Cherokee Code Sec. 113-1(b) establishes the Division of Agriculture and Natural Resources of the EBCI “that shall be responsible for administering tribal laws for managing and protecting the natural environment of the Eastern Band of Cherokee Indians”.
Licensing and season
Cherokee Code Sec. 113-4 (Fishing Permits, subsection b), states, “All persons fishing within waters of Cherokee Indian trust lands must possess and have on their person while engaged in fishing, a valid tribal fishing permit. An enrolled member’s enrollment card shall serve as his/her fishing permit. Enrolled members of the Eastern Band of Cherokee Indians shall fish with an enrollment card from the Eastern Band of Cherokee Indians.”
For those needing a license, one can be purchased online at https://ebci-licensing.s3licensing.com/
The costs are as follows: One-Day Fish Permit ($10), Two-Day Fish Permit ($17), Three-Day Fish Permit ($27), Five-Day Fish Permit ($47), Trophy Trout Fly-Fishing Permit for one to three days ($25), Annual Fish Permit for Enterprise Waters ($250), and Annual Fish Permit for Trophy Trout Fly-Fishing Section ($75).
Prior to 2015, there wasn’t a distinct fishing season for the EBCI. Sec. 113-4(a) read, “The fishing season shall be year round with no closed season.”
That changed with the passage of Ord. No. 426 (2014) passed on Jan. 8, 2015. The legislation, submitted by EBCI Fisheries and Wildlife Management Dept., amended Sec. 113-4(a) to read, “Opening day of the fishing season on catch and keep enterprise waters shall be the last Saturday in March and the season shall be closed to fishing by non-enrolled members two weeks prior to this date. The catch and release fishing area shall be open year round with no closed season.”
Sec. 113-6 sets the law on the catch and release fishing area and states that fishing is allowed there “one hour before sunrise to one hour after sunset”.
Sec. 113-6(a)(7) and (a)(8) describe the types of tackle and bait that can be used in this area. (a)(7) states, “Fishing must be done with tackle limited to fly rods, fly reels, and fly line with a maximum of 18 feet in leader material or monofilament line attached. (a)(8) states, “The use or possession of any natural bait, fish bait, bait paste and similar substances, fish eggs (natural or molded), or any other edible substance is prohibited.”
There are numerous prohibitions on fishing set forth in Cherokee Code. Sec. 113-5(b) lists eight “Fishing Criminal Offenses” including: seining of fish, buying or selling of game fish, gigging or spearing fish, dynamiting or poisoning of fish, destruction of fish in tribal holding facilities, fishing in closed waters/ponds posted ‘no fishing’ or ‘no trespassing’, destruction and/or damaging of tribal holding facilities, and electro fishing.
Sec. 113(c) lists the following as “infractions”: exceeding the creel limit of 10 fish per day per permit holder, snagging of fish, grabbing of fish, chumming of fish, fishing with more than one line, setting of trotlines, fishing in closed waters, and fishing outside of lawful hours.
Enforcement of laws
Sec. 113-15 deals with enforcement of laws relating to the natural resources of the EBCI. Sec. 113-15(a) states, “Natural Resources Enforcement Officers are granted the powers of law enforcement officers within the territorial jurisdiction of the Eastern Band of Cherokee Indians…”
Sec. 113-15(b) adds, “…the Natural Resources Enforcement Officers are specifically granted jurisdiction over all aspects of: (1) Boating and Water Safety, (2) Hunter and trapping, (3) Fishing, (4) Activities in woodlands and on inland waters…”
Appendix A in Sec. 113 lists the following fines for the various offenses and infractions:
- Exceeding creel limit ($100)
- Fishing without a permit ($100)
- Snagging of fish ($100)
- Grabbing of fish ($100)
- Chumming of fish ($100)
- Fishing with more than one line ($100)
- Setting of trotline ($200)
- Fishing in closed streams, ponds, or waters ($100)
- Fishing before or after legal fishing hours ($100)
- Illegally caught trout ($50)
For more information on fishing on the lands of the Eastern Band of Cherokee Indians and to purchase permits online, visit: https://fishcherokee.com.
