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 subsistence 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 The term of this regulation is from June 16, 2016 through February 28, 2017, unless superseded, and is intended to regulate the Dungeness crab harvest by the Port Gamble and Jamestown Tribes in Region 5 under provisions of Paragraph 4.6 of United States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the Region 5 Crab Harvest Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 5 Crab Harvest Management Plan.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NUMBER: #S16-056 DATE ADOPTED: JUNE 14, 2016 REGULATION MODIFIED: REGULATION #S16-052, SECTIONS 5, 6, AND 9 REGULATION SUPERCEDED: NONE CATCH AREAS: SHELLFISH MANAGEMENT REGION 5 (CATCH REPORTING AREAS 25C, 27A, AND THAT PORTION OF AREA 27B NORTH OF AN EAST-WEST LINE FROM AYOCK PT.) FISHERY TYPE: SUBSISTENCE SPECIES: DUNGENESS CRAB EFFECTIVE DATES: JUNE 16, 2016 THROUGH FEBRUARY 28, 2017 AFFECTED PARTIES: THIS REGULATION APPLIES TO BOTH PORT GAMBLE S'KLALLAM TRIBAL FISHERS AND JAMESTOWN S'KLALLAM TRIBAL FISHERS. LEGAL GEAR: 1) AS STIPULATED IN REGULATION #S16-052, SECTIONS 7 AND 8. LEGAL SUBSISTENCE GEAR INCLUDES CRAB POTS, RING NETS, DIP NETS AND OTHER HAND OPERATED INSTRUMENTS THAT DO NOT PENETRATE THE SHELL. 2) THE MAXIMUM ALLOWABLE NUMBER OF CRAB POTS OR RING NETS COMBINED WILL BE THREE POTS/RING NETS PER FISHER PER DAY. 3) LONG LINE FISHING IS NOT PERMITTED: EACH POT OR RING NET BEING FISHED MUST HAVE A SURFACE BUOY ATTACHED. 4) 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. HARVEST RESTRICTIONS: 1) THE MINIMUM SIZE LIMIT FOR LEGAL CRAB IS 6.25 INCHES, CALIPER MEASUREMENT ACROSS THE BACK OF THE CRAB, IMMEDIATELY IN FRONT OF THE TIPS. 2) ONLY HARD-SHELLED, MALE CRABS MAY BE TAKEN. IT IS UNLAWFUL FOR FISHERS TO RETAIN AND POSSESS ANY FEMALE DUNGENESS CRAB OR SOFT-SHELLED CRABS. ALL FEMALE CRAB AND ALL SOFT-SHELLED CRAB MUST BE RETURNED TO THE WATER UNHARMED. 3) THE DAILY SUBSISTENCE HARVEST LIMIT IS FIVE CRAB PER FISHER FOR PORT GAMBLE FISHERS AND 10 CRABS PER FISHER FOR JAMESTOWN FISHERS. CATCH REPORTING: ALL SUBSISTENCE CRAB HARVEST SHALL BE REPORTED ON SHELLFISH SUBSISTENCE CARDS. CARDS ARE AVAILABLE AT THE TRIBAL FISHERIES OFFICE. SUBSISTENCE FISHERS MUST HAVE SUBSISTENCE CARDS ON THEIR PERSON WHEN FISHING. OTHER RESTRICTIONS: 1) FISHERS MUST BE 10 YEARS OF AGE OR OLDER TO SUBSISTENCE FISH FOR CRAB. 2) PORT GAMBLE FISHERS WHO ARE COMMERCIALLY FISHING IN ANY CRAB MANAGEMENT REGION ARE NOT PERMITTED TO FISH FOR SUBSISTENCE CRAB IN REGION 5 AT THE SAME TIME. ALL COMMERCIAL FISHERS ARE ALLOWED TO TAKE HOME CRAB FROM THEIR COMMERCIAL CATCH. ANY TAKE HOME CATCH MUST BE REPORTED ON TREATY INDIAN FISH RECEIVING TICKETS. 3) OVERNIGHT SOAKS ARE NOT PERMITTED. POTS MAY ONLY BE FISHED FROM 30 MINUTES BEFORE SUNRISE TO 30 MINUTES AFTER SUNSET ON EACH OPEN DAY. POTS/RINGS MUST BE REMOVED FROM THE WATER BETWEEN FISHING DAYS. 4) FOR PORT GAMBLE FISHERS ONLY, SUBSISTENCE CRAB FISHING WITH THE USE OF CRAB POTS OR RING NETS SHALL OCCUR ONLY ON EVEN DAYS OF EACH MONTH. 5) BUOY TAGS ARE REQUIRED ON ALL CRAB POTS AND RING NETS USED FOR SUBSISTENCE FISHING, WHETHER GEAR IS ATTENDED OR NOT. TAGS ARE AVAILABLE FROM THE TRIBAL FISHERIES OFFICES. 6) LOST GEAR MUST BE REPORTED TO ENFORCEMENT IMMEDIATELY FOLLOWING DAILY SUBSISTENCE FISHING AND A LOST POT FORM MUST BE SUBMITTED WITHIN THE SUBSEQUENT 24 HOURS. JUSTIFICATION: COMMENCE SUBSISTENCE CRAB FISHING IN HOOD CANAL. POINT NO POINT TREATY COUNCIL 19472 POWDER HILL PLACE NE, SUITE 210 POULSBO, WA 98370