POINT NO POINT TREATY COUNCIL SECTION 4.6 CRAB REGULATION FOR REGION 1 The following regulation is promulgated by the Point No Point Treaty Council and shall govern the conduct of off-reservation commercial and subsistence Dungeness crab fisheries by the Port Gamble S'Klallam and the Jamestown S'Klallam Tribes in Region 1, the San Juan Islands. The term of this regulation is from July 2, 2014 through April 15, 2015, unless superceded, and is intended to regulate the Dungeness crab harvest by the Port Gamble and Jamestown Tribes in Region 1 under provisions of Paragraph 4.6 of United States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the Region 1 Crab Harvest Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 1 Crab Harvest Management Plan. FILING ORGANIZATION: POINT NO POINT TREATY COUNCIL REGULATION NUMBER: #S14-052 DATE ADOPTED: JUNE 18, 2014 REGULATION MODIFIED: REGULATION #S14-041, SECTION 5 AND SECTION 7a. REGULATION SUPERCEDED: NONE CATCH AREAS: SHELLFISH MANAGEMENT AND CATCH REPORTING AREA 20B AND AREA 22A WITHIN CRUSTACEAN MANAGEMENT REGION 1. FISHERY TYPE: COMMERCIAL AND SUBSISTENCE SPECIES: DUNGENESS CRAB EFFECTIVE DATES: JULY 2, 2014 THROUGH APRIL 15, 2015 DAYS/HOURS: 1) FOR THE PORT GAMBLE S'KLALLAM TRIBE AND THE JAMESTOWN S'KLALLAM TRIBE: EXACT OPENING AND CLOSING DATES AND TIMES WILL BE ANNOUNCED IN SUBSEQUENT EMERGENCY REGULATIONS. 2) POTS MAY ONLY BE CHECKED FROM 30 MINUTES BEFORE SUNRISE TO 30 MINUTES AFTER SUNSET EACH DAY. LEGAL GEAR: 1) AS PER REGULATION #S14-041, SECTION 7 AND SECTION 8. 2) BUOY COLORS MAY BE ANY COLOR EXCEPT RED AND WHITE. NO RED AND WHITE COMBINATION OF ANY TYPE ARE PERMITTED. IF ANY PORTION OF THE BUOY IS RED, NO REMAINING PORTION MAY BE WHITE. IF ANY PORTION OF THE BUOY IS WHITE, NO REMAINING PORTION MAY BE RED. 3) THE TOTAL COMBINED (COMMERCIAL AND SUBSISTENCE) POT LIMIT FOR THE REGION 1 FISHERY WILL BE ANNOUNCED IN SUBSEQUENT EMERGENCY REGULATIONS. OTHER RESTRICTIONS: 1) SPECIAL AREA CLOSURES AND OTHER AREA RESTRICTIONS IN THE SAN JUANS WILL BE AS STIPULATED IN REGULATION #S14-041, SECTION 6. 2) 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. 3) ONLY MALE CRAB MAY BE TAKEN. IT IS UNLAWFUL FOR FISHERS TO RETAIN AND POSSESS, AT ANY TIME, ANY FEMALE DUNGENESS CRAB OR SOFT-SHELLED CRAB. ALL FEMALE CRAB AND ALL SOFT-SHELLED CRAB MUST BE RETURNED IMMEDIATELY TO THE WATER UNHARMED. 4) IN THE EVENT THAT WEATHER PROHIBITS REMOVAL OF POTS AND HARVEST, POTS MAY BE LEFT ON THE GROUNDS CLUSTERED IN A NON-FISHING POSITION AND COLLECTED AT A LATER DATE, PROVIDED THAT NOTICE HAS BEEN GIVEN TO POINT NO POINT TREATY COUNCIL OFFICE OF THE LATE RETRIEVAL. 5) IT IS UNLAWFUL TO REMOVE FROM THE WATER OR TAMPER WITH ANOTHER FISHER'S CRAB GEAR. ANY CRAB GEAR FOUND WITHOUT LEGIBLE IDENTIFICATION MARKINGS MUST BE TURNED IN TO THE TRIBAL FISHERIES OFFICE. REGISTRATION: ALL TRIBAL FISHERS PLANNING TO PARTICIPATE IN THE REGION 1 CRAB FISHERY MUST REGISTER AT THE TRIBAL FISHERIES OFFICE PRIOR TO FISHING. AT THE TIME OF REGISTRATION, FISHERS SHALL REPORT THE NUMBER OF POTS TO BE USED AND THE BUYER FISHERS INTEND TO SELL TO. EXPECTED EFFORT: THE AVERAGE TRIBAL EFFORT FOR THE PORT GAMBLE TRIBE IS EXPECTED TO BE 5 BOATS PER DAY. THE AVERAGE TRIBAL EFFORT FOR THE JAMESTOWN TRIBE IS EXPECTED TO BE 3 BOATS PER DAY. EXPECTED HARVEST: THE EXPECTED HARVEST FOR FOR BOTH PORT GAMBLE AND JAMESTOWN COMBINED IS NOT EXPECTED TO EXCEED 50,000 POUNDS COMBINED FOR THE DURATION OF THIS REGULATION. THE TOTAL TREATY SHARE OF CRAB IN REGION 1 IS NOT EXPECTED TO EXCEED 2,100,000 POUNDS. CATCH REPORTING: ALL COMMERCIAL CATCHES SHALL BE REPORTED ON TREATY INDIAN FISH RECEIVING TICKETS. THE WEIGHT OF ALL CRAB RECEIVED AND NOT PURCHASED FOR ANY REASON SHALL BE RECORDED AS TAKE HOME OR SPECIES CODE 20-561 ON TREATY INDIAN FISH RECEIVING TICKETS. ALL SUBSISTENCE CRAB HARVEST SHALL BE REPORTED ON SHELLFISH SUBSISTENCE CARDS. CARDS ARE AVAILABLE AT THE TRIBAL FISHERIES OFFICE. JUSTIFICATION: HARVEST AVAILABLE TREATY SHARE OF SAN JUAN ISLAND CRAB UNDER SECTION 4.6 OF THE SHELLFISH IMPLEMENTATION PLAN. POINT NO POINT TREATY COUNCIL 7999 N.E. SALISH LANE KINGSTON, WASHINGTON 98346)