POINT NO POINT SECTION 4.6 OYSTER REGULATION FOR REGION 8 The following regulation is promulgated by the Point No Point Treaty Council and shall govern the commercial oyster fisheries conducted off-reservation and on inter-tidal public lands within Region 8 by the Port Gamble S'Klallam and the Jamestown S'Klallam Tribes (PNPTC member Tribes). The term of this regulation is from January 1 through January 31, 2021, and is intended to regulate the oyster harvest by these member Tribes in Region 8 under provisions of Paragraph 4.6 of the U.S. District Court Order of August 28, 1995 (Implementation Order) in U.S. v Washington, Sub-proceeding 89-3. In the event the Region 8 Bivalve Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 8 Bivalve Management Plan. FILING ORGANIZATION: POINT NO POINT TREATY COUNCIL REGULATION NUMBER: #S20-169 DATE ADOPTED: DECEMBER 28, 2020 REGULATION MODIFIED: REGULATION #S20-012, SECTION 5 REGULATION SUPERCEDED: NONE CATCH AREAS: SHELLFISH AREAS 25C: WOLFE PROPERTY SP (250510) HOOD CANAL #1; CATCH REPORTING AREA 27A: QUILCENE SW TIDELANDS (270950) QUILCENE BAY. FISHERY TYPE: COMMERCIAL SPECIES: NATIVE LITTLENECK AND MANILA CLAMS ON/OFF RESERVATION: OFF LEGAL GEAR: HAND HELD RAKE, FORK OR SHOVEL EFFECTIVE DATES: JANUARY 8 THROUGH 10, 2021 DAYS AND HOURS: WOLFE PROPERTY SP (250510) HOOD CANAL #1; MONITORED, OPEN FOR CLAMS: FRI (1/8) 5:15 PM THROUGH 9:15 PM, TRIBAL QUOTA: 6,000 POUNDS; QUILCENE SW TIDELANDS (270950) QUILCENE BAY, MONITORED, OPEN FOR CLAMS: SUN (1/10) 6:30 PM THROUGH 11:00 PM, TRIBAL QUOTA: 5,000 POUNDS. OTHER RESTRICTIONS: 1) AS PER REGULATION #S20-012. THIS OPENING IS FOR THE PORT GAMBLE S'KLALLAM AND JAMESTOWN S'KLALLAM TRIBES ONLY. 2) JAMESTOWN FISHERS MUST NOTIFY THEIR FISHERIES OFFICE OF THEIR INTENTION TO PARTICIPATE IN AN OPENING AT LEAST 48 HOURS PRIOR TO THE START OF THE OPENING. 3) HARVEST LIMITED TO CLAMS 1.5 INCHES IN LENGTH OR GREATER. 4) COMMERCIALLY HARVESTED CLAMS MUST BE SOLD WITHIN 12 HOURS OF THE CLOSING TIME OF THE FISHERY, OR PLACED IN REFRIGERATED CONTAINERS. 5) A LABEL ISSUED BY THE HARVESTERS TRIBAL FISHERIES OFFICE MUST BE AFFIXED TO EACH BAG OR CONTAINER OF COMMERCIALLY HARVESTED CLAMS IMMEDIATELY FOLLOWING HARVEST. THE LABEL MUST BE CLEARLY VISIBLE WITHOUT OPENING THE BAG OR CONTAINER. EACH LABEL SHALL INCLUDE THE FOLLOWING INFORMATION: i) TRIBE ii) TRIBE CERTIFICATION NUMBER a. PORT GAMBLE – WA589HA b. JAMESTOWN – WA588SS iii) HARVESTER NAME AND/OR ID NUMBER iv) HARVEST DATE v) DOH GROWING AREA DESIGNATION vi) BEACH NUMBER (BIDN) vii) SHALLFISH TYPE viii) QUANTITY HARVESTED ix) TAG SEQUENCE NUMBER REQUIRED INFORMATION ON THE LABELS SHALL BE ENTERED LEGIBLY USING AN INDELIBLE MARKER. 6) THIS HARVEST OPENING WILL OCCUR WITH AN ON THE BEACH MONITOR ACCOUNTING FOR CATCH AT THE END OF THE FISHERY. THE TRIBAL HARVEST LIMIT FOR THIS FISHERY IS 6,000 POUNDS AT WOLFE TIDELANDS AND 5,000 POUNDS AT QUILCENE SW. ONCE A LIMIT HAS BEEN REACHED ON THE BEACH BY ALL TRIBAL HARVESTERS, AS DETERMINED BY THE BEACH MONITOR, THE BEACH WILL BE CLOSED BY THE MONITOR. 7) ALL DIGGERS MUST CHECK IN WITH THE MONITOR PRIOR TO ENGAGING IN ANY HARVEST ACTIVITY. 8) ALL DIGGERS MUST REPORT THEIR HARVEST AND INTEDED BUYER TO THE MONITOR PRIOR TO LEAVING THE BEACH. FAILURE TO COMPLY WITH THIS PROVISION WILL BE A VIOLATION OF THIS REGULATION. 9) ALL HARVESTING WILL CEASE WHEN THE OPENING EXPIRES OR WHEN THE MONITOR CLOSES THE FISHERY, WHICHEVER COMES FIRST. HARVESTING ACTIVITY INCLUDES ALL DIGGING, COLLECTING AND SACKING OF CLAMS. 10) TRIBAL HARVESTERS WHO SELL TO A BUYER OTHER THAN THAT REPORTED TO THE MONITOR MUST NOTIFY THEIR RESPECTIVE TRIBAL FISHERIES OFFICE OF THE DISCREPANCY WITHIN 12 HOURS OF THE TIME OF SALE. 11) HARVESTERS ARE NOT ALLOWED TO CROSS PRIVATE PROPERTY IN ORDER TO ACCESS TIDELANDS FOR COMMERCIAL PURPOSES WITHOUT THE CONSENT OF THE PROPERTY OWNER(S). COVID-19 RESTRICTIONS: 1) HARVESTERS MUST MAINTAIN A DISTANCE OF AT LEAST 6 FEET BETWEEN THEMSELVES AND ALL OTHER HARVESTERS, MONITORS, ENFORCEMENT AND BUYERS THROUGHOUT THIS OPENING. 2) HARVESTERS WITH COLD OR FLU-LIKE SYMPTOMS ARE NOT ALLOWED TO PARTICIPATE IN THIS OPENING. HARVESTERS EXHIBITING THESE SYMPTOMS MAY BE ASKED TO LEAVE THE TIDELANDS. 3) DUE TO THE NEED TO ACCESS CLOSED PARKING AREAS, HARVESTERS WHO ARRIVE AFTER THE SCHEDULED START TIME MAY NOT BE PERMITTED TO PARTICIPATE IN THIS OPENING. CATCH REPORTING: ALL COMMERCIAL HARVEST MUST BE REPORTED ON TREATY INDIAN FISH RECEIVING TICKETS. THE GROWING AREA AND BIDN MUST BE RECORDED ON THE FISH TICKET AT THE POINT OF SALE. JUSTIFICATION: HARVEST AVAILABLE CLAM RESOURCE. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370