POINT NO POINT TREATY COUNCIL SECTION 4.6 SCALLOP REGULATION The following regulation is promulgated by the Point No Point Treaty Council and shall govern the conduct of off-reservation commercial and subsistence scallop fisheries by the Port Gamble S’Klallam and the Jamestown S’Klallam Tribes. This regulation is intended to conform to agreements reached between the Point No Point Treaty Tribes and the State of Washington, as contained in the Pink and Spiny Scallops Harvest Management Plan. This regulation is intended to regulate the Pink and Spiny scallop harvest by these member Tribes 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 In the event the Management Plan is completed before the end of this regulation term, this regulation will be superseded by a new regulation conforming to the provisions of the new plan. The term of this regulation is from November 1, 2020 through October 31, 2021. Ceremonial and on-reservation fisheries shall be conducted under the provisions of individual Tribal Fisheries Ordinances and Regulations. All areas not specifically opened by this regulation or subsequent Point No Point Treaty Council regulations shall remain closed to the commercial and subsistence harvest of Pink and Spiny scallops. Only gear and methods specifically authorized by this regulation may be legally used. FILING ORGANIZATION: POINT NO POINT TREATY COUNCIL REGULATION NUMBER: #S20-145 DATE ADOPTED: OCTOBER 22, 2020 REGULATION MODIFIED: NONE REGULATION SUPERCEDED: NONE CATCH AREAS: 1) DOH-APPROVED GROWING AREAS WITHIN MARINE FISH/SHELLFISH MANAGEMENT AND CATCH REPORTING AREAS 20A (SOUTH AND WEST OF A LINE BETWEEN TOE POINT ON PATOS ISLAND AND POINT MIGLEY ON LUMMI ISLAND), 20B, 21A (SOUTH AND WEST OF LUMMI ISLAND AND A LINE RUNNING BETWEEN CARTER POINT ON LUMMI ISLAND AND THE NORTHERN TIP OF VENDOVI ISLAND), 22A, 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 KELLY’S POINT ON GUEMES ISLAND), 23A, 23B, 25A, 25B. 2) THAT PORTION OF DOH-RESTRICTED ALDEN BANK SCALLOP AREA 1 WITHIN CATCH REPORTING AREA 20B. 3) THAT PORTION OF DOH-RESTRICTED ROSARIO STRAIN SCALLOP AREA 2 WITHIN CATCH REPORTING AREA 22A. 4) DOH-RESTRICTED BURROWS BAY SCALLOP AREA 3. FISHERY TYPE: COMMERCIAL SPECIES: PINK AND SPINY SCALLOPS (CHLAMYS SPP.). ON/OFF RESERVATION: OFF EFFECTIVE DATES: NOVEMBER 5, 2020 THROUGH OCTOBER 31, 2021. DAYS/HOURS: 1) OPEN 9:00 AM THURSDAY, NOVEMBER 5, 2020, CLOSE 4:00 PM SUNDAY, OCTOBER 31, 2021, OR WHEN THE TARGET HARVEST IS TAKEN, WHICHEVER COMES FIRST. 2) THE COMMERCIAL PINK AND SPINY SCALLOP FISHERY FOR THE PORT GAMBLE AND JAMESTOWN S’KLALLAM TRIBES WILL BE OPEN CONTINUOUSLY THROUGHOUT THE TERM OF THIS REGULATION, SUBJECT TO EMERGENCY MODIFICATION. HARVEST RESTRICTIONS: 1) DIVERS MAY ONLY HARVEST SCALLOPS BY HAND WITH THE USE OF SURFACE SUPPLIED AIR OR SELF-CONTAINED UNDERWATER BREATHING APPARATUS (SCUBA). 2) HARVEST LIMITED TO SCALLOPS 2 INCHES OR GREATER. EXPECTED HARVEST: THE TRIBAL HARVEST TARGET FOR THE PERIOD OF NOVEMBER 1, 2020 THROUGH OCTOBER 31, 2021 IS 20,000 POUNDS. CLOSED AREAS: 1) THOSE WATERS OF SAN JUAN CHANNEL AND UPRIGHT CHANNEL WITHIN THE FOLLOWING LINES: NORTH AND WEST OF A LINE FROM THE NORTHERNMOST POINT OF TURN ISLAND TO FLAT POINT ON LOPEZ ISLAND AND THENCE PROJECTED FROM FLAT POINT TRUE WEST TO SHAW ISLAND, NORTH OF A LINE PROJECTED FROM THE NORTHERNMOST POINT OF TURN ISLAND TRUE WEST TO SAN JUAN ISLAND, WEST OF A LINE FROM NECK POINT ON SHAW ISLAND TO STEEP POINT ON ORCAS ISLAND, AND SOUTH OF A LINE FROM STEEP POINT ON ORCAS ISLAND TO LIMESTONE POINT ON SAN JUAN ISLAND. 2) THOSE WATERS OF HARO STRAIT NORTH OF A LINE PROJECTED DUE WEST FROM THE SOUTHERNMOST POINT OF CATTLE POINT ON SAN JUAN ISLAND TO THE INTERNATIONAL BORDER AND SOUTH OF A LINE PROJECTED DUE WEST FROM A POINT ONE-QUARTER MILE NORTH OF LIME KILN LIGHT ON SAN JUAN ISLAND TO THE INTERNATIONAL BORDER. 3) ARGYLE LAGOON: THOSE UNIVERSITY OF WASHINGTON-OWNED TIDELANDS AND ALL BEDLANDS ENCLOSED BY THE INNER SPIT OF ARGYLE LAGOON ON SAN JUAN ISLAND. 4) THOSE WATERS OF THE STRAIT OF JUAN DE FUCA IN THE VICINITY OF LOW POINT WEST OF A LINE PROJECTED TRUE NORTH FROM THE SHORELINE AT 123 DEGREES 48.3 MINUTES WEST LONGITUDE TO THE INTERNATIONAL BORDER, AND EAST OF A LINE PROJECTED TRUE NORTH FROM THE SHORELINE AT 123 DEGREES 52.7 MINUTES WEST LONGITUDE TO THE INTERNATIONAL BORDER. CATCH REPORTING: 1) FISHERS ARE REQUIRED TO RECORD ALL COMMERCIAL HARVEST ON FISH RECEIVING TICKETS. 2) FISHERS ARE REQUIRED TO MAINTAIN HARVEST LOGS OF ALL FISHING ACTIVITY. COMMERCIAL HARVEST LOGS WILL INCLUDE, FOR EACH DAY FISHED, THE MFSF CATCH AREA, LOCATION FISHED (NEAREST LANDMARK, BAY, OR GPS COORDINATES), POUNDS LANDED, GEAR TYPE, AVERAGE DEPTH OF HARVEST AND DURATION FISHED. EMERGENCY REGULATIONS: THE ABOVE REGULATION MAY BE AMENDED AT ANY TIME BY EMERGENCY REGULATIONS. PRIOR TO HARVEST, EACH FISHER SHALL CHECK WITH THEIR TRIBAL FISHERY OFFICE FOR EMERGENCY REGULATION CHANGES. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370