POINT NO POINT TREATY COUNCIL SECTION 4.6 CRAB REGULATION FOR REGION 5 The following regulation is promulgated by the Point No Point Treaty Council and shall govern the conduct of off-reservation subsistence Dungeness crab fisheries by the Port Gamble S'Klallam and the Jamestown S'Klallam Tribes in Region 5, Hood Canal. The term of this regulation is from June 20, 2018 through February 28, 2019, unless superceded, and is intended to regulate the Dungeness crab harvest by the Port Gamble and Jamestown Tribes in Region 5 under provisions of Paragraph 4.6 of United States v. Washington, 898 F. supp. 1453 (W.D. Wash. 1995), as amended by the Stipulation and Order Amending Shellfish Implementation Plan, dated April 8, 2002, (hereafter "Implementation Order"). In the event the Region 5 Crab Harvest Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 5 Crab Harvest Management Plan. FILING ORGANIZATION: POINT NO POINT TREATY COUNCIL REGULATION NUMBER: #S18-075 DATE ADOPTED: JUNE 14, 2018 REGULATION MODIFIED: REGULATION #S18-062, SECTIONS 5, 6, AND 9 REGULATION SUPERCEDED: #S18-065 CATCH AREAS: SHELLFISH MANAGEMENT REGION 5 (CATCH REPORTING AREAS 25C, 27A, AND THAT PORTION OF AREA 27B NORTH OF AN EAST-WEST LINE FROM AYOCK PT.) FISHERY TYPE: SUBSISTENCE SPECIES: DUNGENESS CRAB EFFECTIVE DATES: JUNE 24, 2018 THROUGH FEBRUARY 28, 2019 AFFECTED PARTIES: THIS REGULATION APPLIES TO BOTH PORT GAMBLE S'KLALLAM TRIBAL FISHERS AND JAMESTOWN S'KLALLAM TRIBAL FISHERS. LEGAL GEAR: 1) AS STIPULATED IN REGULATION #S18-062, SECTIONS 7 AND 8. LEGAL SUBSISTENCE GEAR INCLUDES CRAB POTS, RING NETS, DIP NETS AND OTHER HAND OPERATED INSTRUMENTS THAT DO NOT PENETRATE THE SHELL. 2) THE MAXIMUM ALLOWABLE NUMBER OF CRAB POTS OR RING NETS COMBINED WILL BE THREE POTS/RING NETS PER FISHER PER DAY. 3) LONG LINE FISHING IS NOT PERMITTED: EACH POT OR RING NET BEING FISHED MUST HAVE A SURFACE BUOY ATTACHED. 4) A BUOY MAY BE ANY COLOR EXCEPT FOR A COMBINATION OR RED AND WHITE. IF ANY PORTION OF A BUOY IS RED, NO REMAINING PORTION MAY BE WHITE. IF ANY PORTION OF A BUOY IS WHITE, NO REMAINING PORTION MAY BE RED. HARVEST RESTRICTIONS: 1) THE MINIMUM SIZE FOR LEGAL CRAB IS 6 1/4 INCHES, CALIPER MEASUREMENT ACROSS THE BACK OF THE CRAB, IMMEDIATELY IN FRONT OF THE TIPS. 2) ONLY MALE CRAB MAY BE TAKEN. 3) RECENTLY MOLTED, SOFT-SHELLED CRAB MAY NOT BE TAKEN. ALL CRAB TAKEN MUST BE CHECKED FOR SHELL HARDNESS. 4) IT IS UNLAWFUL FOR FISHERS TO RETAIN AND POSSESS ANY FEMALE, UNDERSIZED AND SOFT-SHELLED DUNGENESS CRABS. ALL FEMALE, UNDERSIZED AND SOFT-SHELLED DUNGENESS CRABS MUST BE RETURNED TO THE WATER UNHARMED. 5) THE DAILY SUBSISTENCE HARVEST LIMIT IS FIVE CRAB PER FISHER FOR PORT GAMBLE FISHERS AND 10 CRABS PER FISHER FOR JAMESTOWN FISHERS. CATCH REPORTING: ALL SUBSISTENCE CRAB HARVEST SHALL BE REPORTED ON SHELLFISH SUBSISTENCE CARDS. CARDS ARE AVAILABLE AT THE TRIBAL FISHERIES OFFICE. SUBSISTENCE FISHERS MUST HAVE SUBSISTENCE CARDS ON THEIR PERSON WHEN FISHING. OTHER RESTRICTIONS: 1) FISHERS MUST BE 10 YEARS OF AGE OR OLDER TO SUBSISTENCE FISH FOR CRAB. 2) FISHERS WHO ARE PARTICIPATING IN COMMERCIAL OPENINGS IN REGION 5 OR REGION 2W ARE NOT PERMITTED TO FISH FOR SUBSISTENCE CRAB IN REGION 5 AT THE SAME TIME. ALL COMMERCIAL FISHERS ARE ALLOWED TO TAKE HOME CRAB FROM THEIR COMMERCIAL CATCH. ANY TAKE HOME CATCH MUST BE REPORTED ON TREATY INDIAN FISH RECEIVING TICKETS. 3) OVERNIGHT SOAKS ARE NOT PERMITTED. POTS MAY ONLY BE FISHED FROM 30 MINUTES BEFORE SUNRISE TO 30 MINUTES AFTER SUNSET ON EACH OPEN DAY. POTS/RINGS MUST BE REMOVED FROM THE WATER BETWEEN FISHING DAYS. 4) BUOY TAGS ARE REQUIRED ON ALL CRAB POTS AND RING NETS USED FOR SUBSISTENCE FISHING, WHETHER GEAR IS ATTENDED OR NOT. TAGS ARE AVAILABLE FROM THE TRIBAL FISHERIES OFFICES. JAMESTOWN SPECIFIC PROVISIONS: 1) LOST GEAR MUST BE DECLARED THROUGH SUBMISSION OF A LOST POT FORM TO ENFORCEMENT WITHIN 24 HOURS OF THE CLOSE OF THE FISHERY. PORT GAMBLE SPECIFIC PROVISIONS: 1) LOST GEAR MUST BE LOCATED WITHIN 48 HOURS OF THE CLOSE OF THE FISHERY. THE OWNER OF GEAR PULLED BY ENFORCEMENT MORE THAN 48 HOURS AFTER THE CLOSE OF THE FISHERY WILL BE IN VIOLATION OF THIS REGULATION. JUSTIFICATION: COMMENCE SUBSISTENCE CRAB FISHING IN HOOD CANAL. OPENING DATE CHANGED TO JUNE 24. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370