LOWER ELWHA TREATYCOUNCIL SECTION 4.6 CRAB REGULATION FOR REGION 5 The following regulation is promulgated by the Lower Elwha Treaty Council and shall govern the conduct of off-reservation commercial and subsistence Dungeness crab fisheries by the Lower Elwha Tribe in Region 5, Hood Canal. The term of this regulation is from September 19,2016 through February 28,2017, unless superceded, and is intended to regulate the Dungeness crab harvest by the Lower Elwha Tribe in Region 5 under provisions of Paragraph 4.6 of United States V. Washington,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the Region 5 Crab Harvest Management Plan is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Region 5 Crab Harvest Management Plan.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: LOWER ELWHA KLALLAM TRIBE REGULATION NUMBER: S16-082 DATE ADOPTED: SEPTEMBER 14,2016 REGULATION(S) S16-039, SECTION 5 & 7 MODIFIED SUPERSEDED NONE CATCH AREAS: REGION 5: CATCH REPORTING AREAS 25C, 27A AND THAT PART OF AREA 27B NORTH OF AYOCK PT.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 ON/OFF RESERVATION: OFF LEGAL GEAR: AS PER REG. #S16-039 EFFECTIVE DATES: SEPTEMBER 19 THROUGH SEPTEMBER 21,2016 DAYS/HOURS: OPEN FROM 12:00 NOON MONDAY, SEPTEMBER 19 THROUGH 12:00 NOON WEDNESDAY SEPTEMBER 21,2016. POTS MAY ONLY BE CHECKED FROM 30 MINUTES BEFORE SUNRISE TO 30 MINUTES AFTER SUNSET EACH DAY. OTHER RESTRICTIONS: AS PER REG. #S16-039, ADDITIONALLY: 1. LONG LINE FISHING IS NOT PERMITTED: EACH POT BEING FISHED MUST HAVE A A SURFACE BUOY ATTACHED. 2. THE TOTAL COMBINED COMMERCIAL POT LIMIT IS 35 POTS PER VESSEL AND PER FISHER IN ALL AREAS COMBINED. 3. SUBSITENCE FISHING WILL CLOSE IN HOOD CANAL SEPTEMBER 17 AND REOPEN SEPTEMBER 23. 4. ALL FISHERS PLANNING TO PARTICIPATE IN THE REGION 5 FISHERY MUST REGISTER AT THE TRIBAL FISHERIES OFFICE PRIOR TO FISHING. AT THAT TIME THE FISHER MUST REPORT THE NUMBER OF POTS TO BE USED. 5. ALL FISHERS ARE REQUIRED TO CALL IN THEIR CATCHES TO THE FISHERIES OFFICE AFTER EACH SALE OF CRAB. 6. 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. 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 INTO THE TRIBAL FISHERIES OFFICE. 8.BOUY COLORS MAY BE ANY COLOR EXCEPT RED AND WHITE,NO RED AND WHITE COMBINATION OF ANY TYPE ARE PERMITTED. IF ANY PORTION OF THE BOUY IS RED, NO REMAINING PORTION MAY BE WHITE,NO REMAINING PORTION MAY BE RED. EXPECTED EFFORT: 20 BOATS PER DAY. ESTIMATED HARVEST: 150,000 LBS. JUSTIFICATIONS: HARVEST THE TREATY SHARE OF HOOD CANAL CRAB (LOWER ELWHA FISHERIES 51 HATCHERY ROAD PORT ANGELES, WA 98363)