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 February 1 through February 28, 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event the Region 8 Bivalve Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 8 Bivalve Management Plan.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: #S21-005 DATE ADOPTED: JANUARY 28, 2021 REGULATION MODIFIED REGULATION #S21-001, SECTION 5. REGULATION SUPERCEDED: NONE CATCH AREAS: SHELLFISH AREA 27B: DUCKABUSH (270286) HOOD CANAL #3, FISHERY TYPE: COMMERCIAL SPECIES: OYSTERS ON/OFF RESERVATION: OFF LEGAL GEAR: HAND HELD PRYING TOOLS EFFECTIVE DATE(S): FEBRUARY 9 THROUGH 10, 2021 OPEN DAYS AND HOURS: DUCKABUSH (270286) HOOD CANAL #3, MONITORED, OPEN FOR OYSTERS: TUE (2/9) 7:15 PM THRU 11:15 PM, TRIBAL QUOTA: 10,000 DOZEN, WED (2/10) 8:00 PM THRU 11:59 PM, TRIBAL QUOTA: 10,000 DOZEN. OTHER RESTRICTIONS: 1) AS PER REGULATION #S21-001. 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 SINGLE OYSTERS 2.5 INCHES IN LENGTH OR GREATER. 4) USE OF LONG LINES ARE PROHIBITED. PRODUCT MAY BE LEFT ON THE BEACH BY A HARVESTER ONLY IF WEATHER CONDITIONS MAKE IT UNSAFE TO TRANSPORT OYSTERS BY BOAT. ALL PRODUCT LEFT ON THE BEACH MUST TAGGED. BAGS MUST BE PICKED UP ONLY WHEN BAGES ARE EXPOSED. ANY OYSTERS LEFT FOR MORE THAN 48 HOURS MUST BE REDISTRIBUTED ON THE BEACH. HARVESTERS MUST NOTIFY THE MONITOR PRIOR TO LEAVING PRODUCT ON THE BEACH, AND HARVESTERS MUST NOTIFY THEIR RESPECTIVE FISHERIES OFFICE PRIOR TO RETURNING TO PICK UP BAGGED OYSTERS LEFT ON THE BEACH. 5) OUTSIDE THE VIBRIO "CONTROL MONTHS" OF MAY THROUGH SEPTEMBER IN THE HOOD CANAL #3 GROWING AREA: i) COMMERCIALLY HARVESTED OYSTERS MUST BE SOLD WITHIN 24 HOURS AFTER FIRST EXPOSURE OF THE OYSTERS, OR ii) OYSTERS MUST BE PLACED IN REFRIGERATED CONTAINERS AND KEPT AT 50 DEGREES OR LESS WITHIN 24 HOURS AFTER FIRST EXPOSURE OF THE OYSTERS, UNTIL SOLD. 6) A LABEL ISSUED BY THE TRIBAL FISHERIES OFFICE MUST BE AFFIXED TO EACH BAG OR CONTAINER OF COMMERCIALLY HARVESTED OYSTERS IMMEDIATELY FOLLOWING THE HARVEST. 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) SHELLFISH TYPE viii) QUANTITY HARVESTED ix) TAG SEQUENCE NUMBER REQUIRED INFORMATION ON THE LABELS SHALL BE ENTERED LEGIBLY USING AN INDELIBLE MARKER. 7) THE DAILY TRIBAL HARVEST LIMIT FOR DUCKABUSH IS 10,000 DOZEN. ONCE A LIMIT HAS BEEN REACHED BY ALL TRIBAL HARVESTERS, AS DETERMINED BY THE BEACH MONITORS, THE BEACH WILL BE CLOSED BY THE MONITORS. 8) AT THE CLOSE OF HARVEST OR ONCE THE QUOTA HAS BEEN TAKEN, ONLY OYSTERS BAGGED/BUCKETED AND COUNTED CAN BE REMOVED FROM THE BEACH. PILED OYSTERS WILL NOT BE ALLOWED TO BE COUNTED AND BAGGED AFTER THE CLOSURE OF THE FISHERY. 9) HARVESTERS ARE REQUIRED TO REPORT THEIR CATCH TO THE MONITOR ON THE BEACH IMMEDIATELY FOLLOWING THE HARVEST. HARVEST CAN NOT BE REPORTED TO THE FISHERIES OFFICE AFTER THE CLOSURE OF THE FISHERY. FAILURE TO REPORT HARVEST TO THE MONITOR WILL BE A VIOLATION OF THIS REGULATION. 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 WHO DO NOT SELL THEIR HARVEST ON THE BEACH MUST PROVIDE TRIP RECORDS TO THE INITIAL DEALER THAT DEMONSTRATE COMPLIANCE WITH THE TIME TO TEMPERATURE REQUIREMENTS CONTAINED HEREIN. RECORDS MUST INCLUDE THE TIME OF HARVEST AND THE TIME THE PRODUCT IS SOLD TO A DEALER. 12) OYSTERS HARVESTED AT DUCKABUSH N WILL BE TRANSFERED VIA AN UPLAND ROUTE, THROUGH THE ADJACENT TAYLOR UNITED PROPERTY OR VIA WATER TO THE TRITON COVE BOAT RAMP, UNLESS ANOTHER OFFLOAD LOCATION IS APPROVED BY THE MONITOR. IF THE TRITON COVE BOAT RAMP (OR ANOTHER OFFLOAD SITE) IS USED, THE OYSTERS CANNOT BE REMOVED FROM THE BOAT UNTIL THE BOAT IS ON THE TRAILER AWAY FROM THE BEACH AREA. 13) 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 RECORDED ON THE FISH TICKET AT THE POINT OF SALE. JUSTIFICATION: HARVEST AVAILABLE TRIBAL RESOURCE. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370