FILING ORGANIZATION: POINT NO POINT TREATY COUNCIL REGULATION NUMBER: #S08-039 DATE ADOPTED: APRIL 29, 2008 REGULATION MODIFIED: PNPTC REG #S08-019, SECTION 6 REGULATION SUPERCEDED: REGULATION #S08-023 CATCH AREAS: SHELLFISH CATCH REPORTING AREA 23D, SIEBERT CREEK TRACT #00300, EAST STRAIT FISHERY TYPE: COMMERCIAL SPECIES: GEODUCK CLAM (PANOPE ABRUPTA) ON/OFF RESERVATION: OFF LEGAL GEAR: HIGH PRESSURE WATER JET, NOT TO EXCEED 5/8 INCH DIAMETER NOZZLE. EFFECTIVE DATES: APRIL 30, 2008 THROUGH JULY 31, 2008 DAYS/HOURS: OPEN THE FOLLOWING DAYS AND TIMES: TUESDAY THROUGH FRIDAY OF EACH WEEK, FROM 7:00AM TO 2:00PM DAILY, EXCEPT TRIBAL HOLIDAYS. OTHER RESTRICTIONS: 1) AS PER PNPTC REG. #S08-019 2) THIS REGULATION GOVERNS THE FISHING ACTIVITY OF DESIGNATED PORT GAMBLE S'KLALLAM TRIBAL HARVESTERS ONLY. THE 2008-2009 PORT GAMBLE S'KLALLAM TRIBE SUBTIDAL GEODUCK REGULATION #S08-02 IS ADOPTED INTO THIS REGULATION BY REFERENCE. ALL REQUIREMENTS AND STANDARDS IN THAT REGULATION SHALL BE ENFORCED DURING THIS FISHERY. 3) THE BOUNDARIES OF THE GEODUCK TRACT ARE MARKED BY BUOYS OR DEFINED BY THE MONITOR. 4) 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. 5) 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. 6) ALL GEODUCK HARVESTED DURING THIS FISHERY MUST BE OFFLOADED AT THE PORT ANGELES HARBOR. OTHER OFFLOAD SITES WILL BE STIPULATED BY EMERGENCY REGULATION. 7) 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 HARBOR. 8) ALL COMMERCIAL AND TAKE HOME HARVEST MUST BE REPORTED ON THE OFFICIAL TRIBAL WEIGHOUT FORM, AT THE DESIGNATED WEIGHOUT SITE. 9) IT IS UNLAWFUL TO HARVEST ON THIS TRACT WITHOUT THE PRESENCE OF THE MONITOR, EITHER ON-THE-WATER OR WITHIN VISUAL DISTANCE. 10) THE FISHERY WILL BE MANAGED ACCORDING TO THE 2008-10 GEODUCK HARVEST MONITORING AND COMPLIANCE STANDARDS CONTAINED IN THE STRAIT OF JUAN DE FUCA GEODUCK HARVEST MANAGEMENT PLAN, EXCEPT THAT DIVERS MAY BE ALLOWED TO HARVEST BEYOND THE BOUNDARY OF TRACT BUOY MARKERS ON ANY TRACT IF THESE MARKERS ARE REPOSITIONED AT LEAST 300 FEET INSIDE OF THE ACTUAL TRACT BOUNDARY. 11) NO VESSEL MAY ENTER THE HARVEST AREA BEFORE 6:30 AM DURING HARVEST OPENINGS. DIVERS ARE NOT ALLOWED IN IN THE WATER BEFORE THE OPENING TIME OF 7:00 AM. 12) THE SIEBERT CREEK WILL BE THE PRIMARY TRACT FISHED, AND WILL BE OPENED DEPENDING UPON AN ACCEPTABLE PSP TEST. IF SIEBERT CREEK IS NOT AVAILABLE, EMERGENCY REGULATIONS WILL BE FILED TO OPEN THE PROTECTION ISLAND TRACT, AND IF BOTH SIEBERT CREEK AND PROTECTION ISLAND ARE NOT AVAILABLE, EMERGENCY REGULATIONS WILL BE FILED TO OPEN THE FRESHWATER BAY TRACT. EXPECTED EFFORT: ACCESS TO THIS FISHERY IS RESTRICTED TO SPECIFIC MEMBERS OF THE PORT GAMBLE TRIBE. ELIGIBLE FISHERS ARE LISTED AT THE PORT GAMBLE TRIBAL FISHERIES OFFICE. THE AVERAGE TRIBAL EFFORT DURING THE TERM OF THIS REGULATION IS EXPECTED TO BE SIX VESSELS PER DAY. EXPECTED HARVEST: THE TARGET HARVEST DURING THE TERM OF THIS REGULATION IS 87,400 POUNDS IN THE STRAIT REGION. ADDITIONAL HARVEST ADJUSTMENTS MAY ALSO BE IMPLEMENTED TO ACCOUNT FOR UNREPORTED GEODUCK MORTALITIES THAT MAY BE ESTIMATED FOR THIS SEASON. THE FISHERY WILL CLOSE EARLY IF THIS TRIBAL HARVEST QUOTA IS TAKEN BEFORE JULY 31, 2008. CONTACT INFORMATION: THE PORT GAMBLE HARVEST MONITOR DURING THE TERM OF THIS REGULATION IS TED SEACHORD, CELL # 360-731-2978. JUSTIFICATION: HARVEST THE TREATY SHARE OF GEODUCK IN THE STRAIT OF JUAN DE FUCA POINT NO POINT TREATY COUNCIL 7999 N.E. SALISH LANE KINGSTON, WASHINGTON 98346)