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 commercial 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 The term of this regulation is from June 1, 2020 through May 31, 2021, unless superceded, and is intended to regulate the Dungeness crab harvest by the Port Gamble and Jamestown Tribes in Region 5 under provisions of Paragraph 4.6 of United States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the Region 5 Crab Harvest Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 5 Crab Harvest Management Plan.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: #S20-154 DATE ADOPTED: NOVEMBER 12, 2020 REGULATION MODIFIED: REGULATION #S20-054, SECTION 5 AND SECTION 7. REGULATION SUPERCEDED: NONE CATCH AREAS: REGION 5: CATCH REPORTING AREAS 25C, 27A, AND THAT PART OF AREA 27B NORTH OF AYOCK PT. FISHERY TYPE: COMMERCIAL SPECIES: DUNGENESS CRAB AND RED ROCK CRAB (CANCER PRODUCTUS) EFFECTIVE DATES: NOVEMBER 14 THROUGH NOVEMBER 16, 2020 DAYS/HOURS: 1) FOR THE PORT GAMBLE S'KLALLAM TRIBE AND THE JAMESTOWN S'KLALLAM TRIBE: OPEN 10:00 AM SATURDAY, NOVEMBER 14, CLOSE 10:00 AM MONDAY, NOVEMBER 16. 2) POTS MAY ONLY BE CHECKED FROM 30 MINUTES BEFORE SUNRISE TO 30 MINUTES AFTER SUNSET EACH DAY. 3) THE SUBSISTENCE FISHERY IN REGION 5 FOR FISHERS PARTICIPATING IN THIS COMMERCIAL OPENING WILL CLOSE 30 MINUTES AFTER SUNSET ON THURSDAY, NOVEMBER 12 AND REOPEN 30 MINUTES PRIOR TO SUNRISE ON WEDNESDAY, NOVEMBER 18. 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) LONG LINE FISHING IS NOT PERMITTED: EACH POT BEING FISHED MUST HAVE A SURFACE BUOY ATTACHED. GEAR LIMITS: 1) THE POT LIMIT IS 35 POTS PER VESSEL AND PER FISHER IN ALL AREAS COMBINED. WITHIN PORT GAMBLE BAY, THE POT LIMIT IS THREE POTS PER FISHER. HARVEST LIMITS: 1) 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. 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 CRABS. ALL FEMALE, UNDERSIZED AND SOFT-SHELLED DUNGENESS CRABS MUST BE RETURNED TO THE WATER UNHARMED. REGISTRATION: ALL TRIBAL FISHERS PLANNING TO PARTICIPATE IN THE REGION 5 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. EXPECTED HARVEST: THE HARVEST OF DUNGENESS CRABS FOR BOTH PORT GAMBLE AND JAMESTOWN COMBINED IS NOT EXPECTED TO EXCEED 50,000 POUNDS COMBINED FOR THE DURATION OF THIS OPENING. 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. OTHER RESTRICTIONS: 1) AS PER REGULATION #S20-054. THE USE OF ANY CLAM SPECIES DUG FROM BEACHES OPENED FOR SUBSISTENCE HARVEST WILL CONTINUE TO BE PROHIBITED. 2) 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. FISHERS WISHING TO TEND THE GEAR OF ANOTHER FISHER ON A TEMPORARY BASIS MUST OBTAIN A GEAR-TENDING PERMIT SPECIFIC TO THAT FISHER, FROM THEIR TRIBAL FISHERIES OFFICE. TRIBAL FISHERIES STAFF MAY DECLINE REQUESTS FOR PERMITS. PERMITS WILL BE VALID FOR A LIMITED PERIOD OF TIME. ADDITIONAL INFORMATION IS AVAIALBLE FROM THE RESPECTIVE TRIBAL FISHERIES STAFF. 3) 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. 4) FISHERS MUST ADHERE TO ANY TRIBAL SOCIAL DISTANCING PROTOCOLS WHILE AT THE BOAT LAUNCH AND ON THE WATER. 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. JUSTIFICATION: CONTINUE TREATY HARVEST OF AVAILABLE CRAB IN HOOD CANAL. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370