FILING ORGANIZATION: LOWER ELWHA KLALLAM TRIBE The following regulation is promulgated by the Lowe Elwha Klallam Treaty Council and shall govern the commercial geoduck clam fisheries conducted off-reservation and on subtidal public lands by the Lower Elwha S'Klallam Tribe. The term of this regulation is from April 1,2020 through June 30, 2020, and is intended to regulate harvest by the member Tribes in Hood Canal 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 regional geoduck management plan for Hood Canal is completed before the end of this regulation term, this regulation will be superceded by a new regulation conforming to the provisions of the Hood Canal regional geoduck harvest FILING ORGANIZATION: LOWER ELWHA KLALLAM TRIBE REGULATION NUMBER: #S20-010 DATE ADOPTED: MARCH 17, 2020 REGULATION MODIFIED: LEKT REG #S20-008, SECTION 6 REGULATION SUPERCEDED: NONE CATCH AREAS: SHELLFISH CATCH REPORTING AREAs 25C & 27A, COON BAY TRACT #19900, HOOD CANAL #1, PORT GAMBLE TRACT #20000, HOOD CANAL #1, PORT GAMBLE INSIDE #20100, HOOD CANAL #1 THORNDYKE #20550, HOOD CANAL #1. FISHERY TYPE: COMMERCIAL SPECIES: GEODUCK CLAM (PANOPEA GENEROSA) ON/OFF RESERVATION: OFF LEGAL GEAR: HIGH PRESSURE WATER JET, NOT TO EXCEED 5/8 INCH DIAMETER NOZZLE. EFFECTIVE DATES: APRIL 1,2020 THROUGH JUNE 30, 2020 DAYS/HOURS: OPEN THE FOLLOWING DAYS AND TIMES: FOR THE LOWER ELHWA TRIBE, TUESDAY THROUGH FRIDAY OF EACH WEEK, FROM 7:00AM TO 3:00PM DAILY. CONTINUE WEEKLY, EXCEPT TRIBAL HOLIDAYS. OTHER RESTRICTIONS: 1) AS PER LEKT REG. #S20-008. A. THE 2020 LOWER ELWHA GEODUCK MANAGEMENT PLAN IS ADOPTED INTO THIS REGULATION BY REFERENCE. ALL REQUIREMENTS AND STANDARDS IN THAT PLAN SHALL BE ENFORCED DURING THIS FISHERY. B. THE BOUNDARIES OF THE GEODUCK TRACT ARE MARKED BY BUOYS OR DEFINED BY THE MONITOR. C. DURING THE FISHERY, NO VESSEL AT ANCHOR MAY CROSS THE TRACT BOUNDARY WITHOUT THE PERMISSION OF THE MONITOR. ANY VESSEL THAT DOES SO SHALL BE CONSIDERED FISHING IN CLOSED WATERS. EACH GEODUCK CLAM MUST BE EXCAVATED INDIVIDUALLY FROM THE BOTTOM. THE PRACTICE OF "SIDE MINING" IS PROHIBITED. NO GEODUCK CLAM THAT IS PARTIALLY OR WHOLLY EXCAVATED MAY BE REPLACED IN THE SUBSTRATE. ALL GEODUCKS EITHER PARTIALLY OR WHOLLY EXCAVATED MUST BE RETAINED AND THE WEIGHTS RECORDED. D. ALL GEODUCK HARVESTED DURING THIS FISHERY MUST BE OFF LOADED AT THE PORT LUDLOW OR SALSBURY POINT. E. THE MINIMUM GEODUCK PRICE WILL BE AS PER TRIBAL RESOLUTION #08-99. F. A MINIMUM DISTANCE OF 600 FEET MUST BE KEPT BETWEEN HARVESTING VESSELS. THE MINIMUM DISTANCE CAN BE REDUCED BY THE MONITOR TO 300 FEET, IF WEATHER CONDITONS ALLOW. G. DURING THE TERM OF THIS REGULATION THE EXPECTED HARVEST FROM THE PORT GAMBLE TRIBE AND THE JAMESTOWN TRIBE WILL NOT EXCEED 60,000 POUNDS. H. EACH VESSEL'S GEODUCK HARVEST MUST BE WEIGHED BEFORE THE VESSEL LEAVES THE HARVEST AREA. IF WEIGHOUT ON THE TRACT IS NOT PRACTICAL, THE ALTERNATE WEIGHOUT SITE WILL BE THE PORT ANGELES BOAT HAVEN IN PORT ANGELES. I. ALL COMMERCIAL AND TAKE HOME HARVEST MUST BE REPORTED ON THE OFFICIAL TRIBAL WEIGHOUT FORM, AT THE DESIGNATED WEIGHOUT SITE. J. THE MAXIMUM AMOUNT OF TAKE HOME HARVEST PER FISHER IS 25 POUNDS PER DAY. K. THE FISHERY WILL BE MANAGED ACCORDING TO THE MINIMUM HARVEST COMPLIANCE STANDARDS ADOPTED BY THE LOWER ELWHA TRIBE. IN ADDITION, OSHA COMMERCIAL DIVING REGULATIONS (STANDARDS CFR 29, PART 1910,SUBPART T, PART 1917.1 AND PART 1925.605) WILL APPLY TO ALL LOWER ELWHA HARVEST VESSELS. L. EACH VESSEL OWNER AUTHORIZED TO FISH BY THE 2016 LOWER ELWHA GEODUCK MANAGEMENT PLAN IS ASSIGNED AN INDIVIDUAL QUOTA THAT MAY NOT BE EXCEEDED. INDIVIDUAL QUOTA AMOUNTS ARE ON FILE IN THE LOWER ELWHA FISHERIES OFFICE. M. ONLY ONE TRACT WILL BE OPENED AT A TIME. N. CONTACT NUMBERS FOR THE ELWHA MONITORS ARE RON BOLSTROM – 360-912-1856 OR TERRY STEVENS 360-565-6250 JUSTIFICATIONS: HARVEST AVAILABLE GEODUCK RESOURCE. (LOWER ELWHA FISHERIES 760 STRATTON DR PORT ANGELES, WA 98363)