(a) 
An enrolled member of the Port Gamble S’Klallam Tribe is eligible to exercise treaty fishing rights, but only in accordance with this Code and applicable regulations.
(b) 
A tribal fisher who is participating in a commercial fishery may only do so on a vessel that is currently registered in his or her name, except for the following circumstances:
(i) 
Salmon. Once a net is set, the registered owner does not have to be on the vessel for net-checking only. A PGST member assistant may be on the vessel without the owner to net-check. The registered owner must register all of his or her assistants with the Fisheries Office.
(ii) 
Geoduck/Other Dive Fisheries. The registered owner of the vessel may designate a PGST member assistant to operate his or her vessel. The assistant must be on the vessel during the dive. The registered owner must register all of his or her assistants with the Fisheries Office.
(iii) 
Clams/Oysters. The registered owner of the vessel may allow a PGST member to operate his/her vessel for transit to clam/oyster digs without registering that person with the Fisheries Office as an assistant. Port Gamble S’Klallam tribal members who are in transit to a clam dig or an oyster pick may be on a vessel that is wholly owned by a Skokomish, Jamestown S’Klallam, or Lower Elwha Klallam tribal member who has a valid fishing identification card.
(iv) 
Health Exception. For all fisheries, a tribal vessel owner may request a health exception to allow specified PGST tribal member assistant(s) to operate the owner’s vessel if he or she is unable to do so during a specified fishery. Tribal vessel owners must get approval from the Fisheries Manager prior to the start of fishing in order to have another tribal member operate the vessel.
A registered owner can only designate Port Gamble S’Klallam tribal members with valid fishing identification cards as assistants to operate an owner’s vessel.
(Res. 94 A 109, 7/12/1994; Res. 21 A 077, 6/14/2021 moved the issue of who can be on what vessel out of Chapter 17.04 Boat Ownership and into Chapter 17.02 Who May Fish. The new subsections in 17.02.01 create exceptions for when a registered owner is not required to be on a vessel, including a health exception.)
[1]
Cross Reference: Section 17.11.11 Exercising Treaty Fishing Rights on Vessel not Owned by the Tribe or Tribal Member. See 17.05.08 Shellfish Pots for rules on shellfish fisheries.
(a) 
Minors.[1] A tribal member who is aged ten (10) through seventeen (17) years may exercise treaty fishing and shellfishing rights for commercial purposes, in accordance with the requirements of this section, provided he or she has a valid identification card and meets one of the following three circumstances:
(i) 
The minor is accompanied by an adult member of the Tribe; or
(ii) 
The minor is a head of household. “Head of household” is defined for purposes of this Code as any member of the Tribe who is solely or substantially responsible for providing his or her own care and maintenance or the care and maintenance of his or her family. The determination of whether a person is the head of household to exercise treaty fishing rights shall be made by the Fisheries Committee prior to that person fishing; or
(iii) 
The minor has been exempted from the restrictions placed on minors upon a showing of extreme hardship. The determination of whether there is a showing of extreme hardship sufficient to allow a minor to be exempt from sections of this Code pertaining to minors shall be made by the Fisheries Committee prior to that person fishing.
Tribal members under ten (10) years of age do not need an identification card when they are accompanied by an adult Tribal member with a valid identification card.
[1]
Cross Reference: Section 17.11.18 Minors to be Accompanied by Adult - Exceptions.
(b) 
Minor tribal members who are aged ten (10) through seventeen (17) may exercise treaty fishing and shellfishing rights for subsistence and ceremonial purposes, in accordance with the requirements of this section, provided that they have in their possession a valid identification card. Tribal members under ten (10) years of age do not need an identification card when they are accompanied by an adult Tribal member with a valid identification card.
(c) 
Time Restrictions.[2] School-aged minors authorized to fish or shellfish under this Code shall be subject to all applicable regulations, provided however that on regularly scheduled school days, minors shall fish no earlier than thirty (30) minutes after the school day ends and no later than 10 p.m. on a day immediately preceding a school day. These time restrictions apply whether a child attends a regular school or follows a regular school schedule or not. North Kitsap Public School hours and schedule will be used as the default. If a minor has graduated from high school, the time restrictions in this section shall not apply.
[2]
Cross Reference: Section 17.11.19 Minor - Time of Day Restrictions.
(d) 
Parental Responsibility for Minor and Required Consent.[3] It is the duty of the parent or guardian of any minor who is to exercise treaty fishing rights pursuant to this section to insure compliance with this Code. No minor shall be issued a tribal Fishing Permit without the signed consent of his or her parent or guardian. The consent shall clearly indicate the duty of the parent or guardian to insure compliance with this section. Both the parent or guardian who permits a minor to violate this section and the minor violating this section shall be subject to the penalties provided by this Code.
[3]
Cross Reference: Section 17.11.20 Allowing a Minor to Fish Contrary to Fishing Code and Section 17.11.22 Allowing a Minor to Dive.
(e) 
Permit and the Sale of a Minor’s Fish/Shellfish. A minor is not required to obtain an annual fishing permit unless he or she is the head of household. An adult accompanying the minor or the minor’s parent may sell the minor’s fish or shellfish on the minor’s behalf, provided the adult/parent must comply with the eligibility and sale of fish requirements under this Code and regulations.
(f) 
Prohibited Methods.[4] Minors are prohibited from diving in exercising their treaty fishing rights.
[4]
Cross Reference: Section 17.11.21 Minors - Diving Prohibited.
(Res. 94 A 109, 7/12/1994; Res. 97 A 024, 3/21/1997 added section 17.02.02 (f); Res. 97 A 053, 7/21/1997 amended section 17.02.02 (f); Res. 15-A-167, 12/9/2015 amended Section 17.02.02 Minors to require 10-17 year olds to have valid identification for commercial, subsistence, and ceremonial purposes. Additionally, under 10 years old do not need an ID but do need to be accompanied by parent with ID. Also changed time restriction when children can be out of school and added in North Kitsap School District as default school times to use; Res. 20 A 141, 12/14/2020 amended subsection (f) Prohibited Methods removing reference to 17.11.23—an exemption for those who were minors in 1997; Res. 02 A 063, 5/14/2002 amended this section to make clear that home schooled minors, children in non-traditional school settings or not attending school must still adhere to the time restrictions. Amended to change name to Fisheries Committee, Res. 06 A 067, 9/19/2006.)
(a) 
Tribal Member Assistance. A Port Gamble S’Klallam Tribal member who is exercising treaty rights as an assistant, with or without intent to sell, must have a valid tribal fishing identification card on his or her person and must be on a vessel owned by either a member of the Port Gamble S’Klallam Tribe or by the Port Gamble S’Klallam Tribe.
(b) 
Assistance from Non-Members - Prohibitions.[1] A member of the Port Gamble S’Klallam Tribe shall not allow any non-member not otherwise authorized by this Code to assist in any treaty fishing activity. For the purposes of this section, “assist in any treaty fishing activity” is defined to include: any handling of the fishing or shellfishing gear, nets, ropes, and lines being used by the member; carrying of the fish or shellfish caught by the member; or engaged in any activity intended to cause or result in fish or shellfish being caught by the member.
[1]
Cross Reference: Section 17.11.14 Allowing Non-Members to Assist in Treaty Fishing.
(c) 
Non-Members Aboard Fishing Vessel - Prohibitions.[2] A member of the Port Gamble S’Klallam Tribe shall not allow any non-enrolled person not otherwise authorized pursuant to this Code to be present aboard any fishing vessel being used in the exercise of treaty fishing rights of the Port Gamble S'Klallam Tribe.
[2]
Cross Reference: Section 17.11.15 Allowing Non-Members to be Aboard Vessel While Fishing.
(d) 
Assistance from Members of Point No Point Treaty Tribes Authorized - Limitations.[3] An enrolled member of the Port Gamble S'Klallam Tribe operating a vessel registered pursuant to this Code may hire an enrolled member of the Jamestown S’Klallam Tribe, the Lower Elwha Klallam Tribe, or the Skokomish Tribe as an assistant aboard his or her fishing vessel provided:
(i) 
The vessel is being fished in an area which is within the usual and accustomed fishing areas of both the Port Gamble S'Klallam Tribe and the assistant’s tribe; and
(ii) 
The assistant has in his or her possession valid identification showing membership in and current eligibility to exercise the treaty fishing rights of the Jamestown S’Klallam Tribe, the Lower Elwha S’Klallam Tribe, or the Skokomish Tribe; and
(iii) 
Any of the fish or shellfish which are caught from the vessel and are sold by the Port Gamble S'Klallam member operating the vessel, and he or she uses the embossed Tribal Fishing Identification Card provided to him or her for this purpose.
[3]
Cross Reference: Section 17.11.14 Allowing Non-Members to Assist in Treaty Fishing and Section 17.11.15 Allowing Non-Members to be Aboard Vessel While Fishing.
(e) 
S’Klallam Members Employed As Assistants - Requirements.[4] It shall be lawful for a member of the Port Gamble S'Klallam Tribe to be employed as an assistant on a fishing vessel legally owned, operated and/or licensed by a member of another Tribe which possesses treaty fishing rights pursuant to U.S. v. Washington provided:
(i) 
That said vessel is being legally fished within the usual and accustomed fishing area of the owner/operator’s tribe;
(ii) 
That the owner/operator is aboard the vessel while it is being fished.
[4]
Cross Reference: Section 17.11.16 Members Employed as Assistants - Prohibitions.
(f) 
Assistance Aboard Non-Member’s Fishing Vessels - Restrictions. Any member of the Port Gamble S'Klallam Tribe employed as an assistant aboard a non-member’s fishing vessel shall not use any cards or permits issued by the Tribe or Treaty Council to sell any fish or shellfish caught by said vessel, or to allow the sale of any fish or shellfish caught by said vessel to be recorded as caught by a member of the Port Gamble S'Klallam Tribe.
(g) 
Assistance from Members – Limitations.[5] A member of the Port Gamble S’Klallam Tribe shall not allow any enrolled member not otherwise authorized by this code to assist and/or be aboard a vessel which is exercising treaty fishing rights unless he or she has in his or her possession valid identification showing membership in and current eligibility to exercise treaty fishing rights of the Port Gamble S’Klallam Tribe.
[5]
Cross Reference: Section 17.11.31 Members Selling Fish While on Non-Member Fishing Vessels Prohibited and Section 17.11.17 Assistance from Members—Limitations.
(Res. 94 A 109, 7/12/1994; Amended to omit Lower Elwha and Skokomish from the list of authorized assistants and adding subsection (f), Res. 06 A 067, adopted 9/19/2006; Res. 15-A-167, 12/9/2015 amended subsections (c) and (c)(ii) to include the Lower Elwha Klallam Tribe and the Skokomish Tribe; Res. 21 A 077, 6/14/2021 added new sub-section (a) Tribal Member Assistance.)
On the Port Gamble S’Klallam Reservation, non-member spouses of licensed Tribal members may assist the member spouse in harvesting the member’s subsistence limit of shellfish. The member spouse must be present during the harvest and transport of the shellfish. The non-member spouse need not have a license for assisting a member spouse on the Reservation.
(Res. 94 A 109, 7/12/1994)
[1]
Cross Reference: Section 17.11.14 Allowing Non-Members to Assist in Treaty Fishing.
A non-member (including a non-member spouse) may have the privilege of finfishing non-commercially by hook and line on the Reservation if he or she has obtained a special fishing permit from the Port Gamble S'Klallam Tribe through the Port Gamble S’Klallam Fisheries Office. Non-members finfishing on-Reservation shall comply with all applicable regulations.
(Res. 94 A 109, 7/12/1994; Res. 15-A-167, 12/9/2015 amended this Section from Non-members Fishing Non-Commercially On-Reservation to Non-members Finfishing Non-Commercially On-Reservation.)
[1]
Cross Reference: Section 17.11.78 Non-Member Fishing Without Authorization.
(a) 
Biological personnel of the Port Gamble S'Klallam Tribe and of the Point No Point Treaty Council may take and possess fish and shellfish of all species for approved scientific, management and/or enhancement purposes by any means or gear suitable for the purpose of the biological program.
(b) 
Biological personnel taking fish or shellfish under the authority of this Code shall keep a cumulative record of all fish taken and shall produce it for inspection upon request by the Fisheries Manager or fisheries enforcement officer. Fish and shellfish taken by biological personnel shall not be sold or used for their personal gain, but shall remain the property of the Tribe or the Treaty Council.
(c) 
Any attempt by biological personnel to circumvent this section or to abuse the privileges granted herein shall be grounds for immediate dismissal from employment with the Tribe and/or the Treaty Council.
(Res. 94 A 109, 7/12/1994)