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 Dungeness crab fisheries by the Port Gamble S'Klallam and the Jamestown S'Klallam Tribes in Region 1. The term of this regulation is from June 1, 2020 through May 31, 2021, unless superceded, and is intended to regulate the Dungeness crab harvest by the Port Gamble and Jamestown Tribes in Region 1 under provisions of Paragraph 4.6 of United States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the Region 1 Crab Harvest Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 1 Crab Harvest Management Plan.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: #S20-103 DATE ADOPTED: AUGUST 14, 2020 REGULATION MODIFIED: PNPTC REGULATION #S20-054 SECTION 5, AND SECTION 7. REGULATION SUPERCEDED: NONE CATCH AREAS: SHELLFISH MANAGEMENT REGION 1 (CATCH REPORTING AREA 20B, 22A, THAT PORTION OF 20A SOUTH AND WEST OF A LINE BETWEEN TOE POINT ON PATOS ISLAND AND POINT MIGLEY ON LUMMI ISLAND, THAT PORTION OF 21A SOUTH AND WEST OF LUMMI ISLAND AND A LINE RUNNING BETWEEN CARTER POINT ON LUMMI ISLAND AND THE NORTHERN TIP OF VENDOVI ISLAND, AND THAT PORTION OF 22B NORTH AND WEST OF A LINE BETWEEN CLARK POINT ON GUEMES ISLAND AND THE SOUTHERN TIP OF VENDOVI ISLAND, WEST OF GUEMES ISLAND AND SOUTH AND WEST OF A LINE RUNNING DUE SOUTH FROM KELLYS POINT ON GUEMES ISLAND). FISHERY TYPE: COMMERCIAL SPECIES: DUNGENESS CRAB AND RED ROCK CRAB (CANCER PRODUCTUS) ON/OFF RESERVATION: OFF EFFECTIVE DATES: AUGUST 18, 2020 THROUGH AUGUST 19, 2020 DAYS/HOURS: 1) OPEN 9:00 AM TUESDAY, AUGUST 18, 2020, CLOSE 3:00 PM WEDNESDAY, AUGUST 19, 2020. LEGAL GEAR: 1) AS PER REGULATION #S20-054, SECTION 7 AND SECTION 8. 2) 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. 3) MAXIMUM OF 30 BUOY-TAGGED POTS PER VESSEL. 4) PORT GAMBLE FISHERS MUST USE GREEN BUOY TAGS. EXPECTED HARVEST: THE TRIBAL HARVEST QUOTA FOR REGION 1 IS 2.2 MILLION POUNDS. OTHER RESTRICTIONS: 1) SPECIAL AREA CLOSURES AND OTHER AREA RESTRICTIONS IN THE SAN JUANS WILL BE AS STIPULATED IN REGULATION #S20-054, SECTION 6. 2) THE MINIMUM SIZE FOR HARVEST IS 6 1/4 INCHES FOR DUNGENESS CRAB AND 5 INCHES FOR RED ROCK CRAB. MINIMUM SIZE IS MEASURED AS CALIPER LENGTH ACROSS THE BACK OF THE CRAB, IMMEDIATELY IN FRONT OF THE TIPS. 3) ONLY MALE CRAB MAY BE TAKEN. 4) RECENTLY MOLTED, SOFT-SHELLED CRAB MAY NOT BE TAKEN. ALL CRAB TAKEN MUST BE CHECKED FOR SHELL HARDNESS. 5) IT IS UNLAWFUL FOR FISHERS TO RETAIN AND POSSESS ANY FEMALE, UNDERSIZED AND SOFT-SHELLED CRABS. ALL FEMALE, UNDERSIZED AND SOFT-SHELLED CRABS MUST BE RETURNED TO THE WATER UNHARMED. 6) 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. 7) 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. 8) ALL COMMERCIAL CRAB SALES MUST BE MADE TO TRIBALLY APPROVED BUYERS WHO HAVE FILLED OUT A BUYER'S AGREEGMENT WITH EITHER THE PORT GAMBLE OR JAMESTOWN TRIBE. LOST GEAR REPORTING: 1) ALL FISHERS MUST REPORT LOST GEAR TO ENFORCEMENT IMMEDIATELY FOLLOWING THE FISHERY. 2) PORT GAMBLE FISHERS MUST FILL OUT A LOST POT FORM AND SUBMIT IT TO THEIR RESPECTIVE NATURAL RESOURCES OFFICE WITHIN 24 HOURS OF THE CLOSE OF THE FISHERY. 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. CATCH REPORTING: ALL COMMERCIAL CATCHES SHALL BE REPORTED ON TREATY 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. IN-COMMON RESTRICTIONS: IN ADDITION TO THOSE RESTRICTIONS ABOVE, THE FOLLOWING RESTRICTIONS, WHICH ALL REGION 1 TRIBES ARE IMPOSING FOR THIS OPENING, NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THEIR RESPECTIVE TRIBAL CODES, ALL APPLY: 1) IT IS PROHIBITED TO BARGE POTS OR TOW BOATS FOR THE PURPOSES OF HAULING GEAR BEFORE, DURING, OR AFTER THE FISHERY OPENING. 2) EACH BOAT SHALL HAVE 1 PERMIT PER BOAT AND NOT FISH MORE THAN 30 TAGGED OR ZIP-TIED POTS. ZIP TIES MAY ONLY BE USED FOR MARKING POTS IN THIS OPENER AND ONLY BY TRIBES TRANSITIONING TO USE OF A POT TAGGING SYSTEM WHEN TAGS ARE NOT AVAILABLE. ALL OTHER TRIBES WITH A POT TAGGING SYSTEM IN PLACE SHALL USE THE APPROPRIATE TAGS FOR THIS FISHERY. 3) ALL BUOYS MUST BE MARKED WITH THE VESSEL NUMBER OF THE BOAT FISHING THE GEAR. 4) ALL REGISTERED BOATS MUST SET AND PICK THEIR OWN REGISTERED GEAR. 5) THE USE OF GROUND LINES IS NOT PERMITTED DURING THE SUMMER FISHERY. 6) ALL GEAR SHALL BE REMOVED FROM THE WATER PRIOR TO THE TIME OF FISHERY CLOSURE, SUBJECT TO TWO NARROW EXCEPTIONS. FIRST, IF GEAR CANNOT BE LIFTED FROM THE WATER PRIOR TO CLOSURE BECAUSE OF A MECHANICAL FAILURE, FISHERS MUST IMMEDIATELY NOTIFY ENFORCEMENT. ENFORCEMENT WILL DOCUMENT ANY BREAKDOWN INCLUDING ANY GEAR LIFTED FROM OR REMAINING IN THE WATER. ANOTHER BOAT OR ENFORCEMENT MAY LIFT THE POTS BUT THE GEAR MAY NOT BE REDEPLOYED. SECOND, IF WINDS ARE ABOVE 20 KNOTS AND IT WOULD BE UNSAFE TO TRANSPORT THE POTS, THE GEAR CAN REMAIN IN THE WATER IN NON-FISHING CONDITION UNTIL IT IS SAFE TO TRANSPORT. 7) FISHERS SHALL NOT HAVE CRAB ON BOARD A VESSEL WHILE RECOVERING POTS AFTER CLOSURE OF THE FISHERY. 8) IT IS UNLAWFUL TO HAVE ON BOARD A VESSEL, PURCHASE OR ATTEMPT TO SELL ANY FEMALE CRAB OR MALE DUNGENESS CRAB LESS THAN 6.25 INCHES MEASURED ACROSS THE BACK, IMMEDIATELY IN FRONT OF THE HORNS. 9) IN IS UNLAWFUL TO HAVE ON BOARD A VESSEL, PURCHASE OR ATTEMPT TO SELL SOFT CRAB. 10) THERE SHALL BE NO CRAB IN TRANSIT TO A BUYER MORE THAN 4-HOURS AFTER THE CLOSE OF A FISHERY. JUSTIFICATION: CONTINUE HARVEST OF THE TREATY SHARE OF CRAB IN REGION 1. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370