(a) 
Identification and Permits Required.[1] Any person eligible to fish under Sections 17.02.01 and 17.02.02 of this Code who exercises any treaty fishing (including shellfishing) right or engages in the sale of fish or shellfish shall possess valid, current identification and permits as provided in this section and applicable regulations. All identification cards and permit documents shall be issued by the Tribe or Treaty Council and shall remain the property of the Port Gamble S'Klallam Tribe and shall be returned to the Tribe upon order of the Tribal Court or as otherwise provided in this Code.
[1]
Cross Reference: Section 17.11.01 Fishing Without Obtaining Identification and Permit and Section 17.11.02 Fishing Without Identification and Permits in Possession.
(b) 
Examination of Identification and Permits by Law Enforcement.[2] Any person purporting to exercise tribal fishing or shellfishing rights shall produce for examination the applicable identification cards and fishing permits required by this Code upon demand of any tribal, state, or federal law enforcement officer. Failure to produce the required forms of identification shall be probable cause to believe that such person is not authorized to exercise tribal fishing or shellfishing rights.
[2]
Cross Reference: Section 17.11.03 Failure to Produce Identification and Permits to Law Enforcement Officers.
(Res. 94 A 109, 7/12/1994)
Any person who exercises Port Gamble S'Klallam tribal fishing or shellfishing rights must have in their possession a valid Tribal Fishing Identification Card which shall be an embossed identification card issued for the purpose of identifying the holder as a member of the Port Gamble S'Klallam Tribe and eligible to fish or shellfish. The card shall show the Bureau of Indian Affairs (B.I.A.) number of the card holder, his or her photograph and tribal affiliation, and any other information which the Tribal Council may require.
(Res. 94 A 109, 7/12/1994)
[1]
Cross Reference: Section 17.11.01 Fishing Without Obtaining Identification and Permit and Section 17.11.02 Fishing Without Identification and Permits in Possession.
(a) 
Subsistence and Recreational Fishing. Members fishing or shellfishing for subsistence or recreational purposes with gear other than nets need only have a Tribal Fishing Identification Card as provided in 17.03.02. A Commercial Fishing Permit is not required. Each subsistence or recreational fisherman shall record his or her catch on the Subsistence/Catch Reporting Card as provided in Section 17.03.03 (b).
(b) 
Subsistence/Catch Reporting Cards.[1] Each time a fisherman catches fish and shellfish for non-commercial purposes, he or she shall complete a Subsistence/Catch Reporting Card before leaving the beach or immediately upon arrival at shore. The Subsistence Catch Reporting Card shall be issued free of charge by the Tribal Fisheries Department and must be returned to the Tribal Fisheries Department by December 31 following the date of issue, or sooner, if required by emergency regulation.
[1]
Cross Reference: Section 17.11.28 Failure to Fill Out and Return Subsistence/Ceremonial Cards. Resolution No. 18 A 148, 12/17/2018, added language into this section that cards must be filled out before leaving the beach or immediately upon returning to shore.
(c) 
Subsistence Fishing with Non-Members.[2] It shall be lawful for members to fish and shellfish aboard boats for non-commercial purposes with non-members likewise fishing or shellfishing, provided that the non-member is appropriately licensed by the State of Washington and is fishing or shellfishing according to current State laws and regulations governing sport fishing. The member shall be limited to the same species and catch bag limits, size restrictions, and gear restrictions as apply to the non-member(s).
[2]
Note: Moved from 17.05.06 (c) Hook and Line - Subsistence and Recreational Finfishing.
(d) 
Subsistence Fishing with Non-Members Who Are Members of Other Tribes. It shall be lawful within the Tribe’s U&A for tribal members to fish or shellfish aboard boats for non-commercial purposes with members of other tribes who have valid subsistence cards from their tribe and who are fishing or shellfishing within their U&A and who do not need a Washington State fishing license. The tribal member shall be limited to the catch limitations that are the most restrictive of the tribes represented on the boat.
(Res. 94 A 109, 7/12/1994; Res. 18 A 148, 12/17/2018, moved sub-section (c) Subsistence Fishing with Non Member to this section and out of Hook and Line Subsistence Fishing, and created sub-section (d) regarding subsistence fishing with non-members who are members of other tribes with U&A fishing areas that overlap the tribe’s U&A fishing areas.)
(a) 
Commercial Fishing and Shellfish Harvesting.[1] Any person who harvests shellfish or finfish for commercial purposes or fishes with nets of any kind for any purpose must have an embossed Tribal Fishing Identification Card as provided in Section 17.03.02, and a Fishing Permit as provided in Section 17.03.04 (b) and any other permits required by this Section.
[1]
Cross Reference: Section 17.11.02 Fishing Without Identification and Permits in Possession.
(b) 
Commercial Fishing Permit.[2] Any person who harvests shellfish or finfish commercially or who fishes with a net of any kind for any purpose shall obtain an annual tribal Commercial Fishing Permit, which may be in the form of a sticker which shall be attached to the fisherman’s Tribal Fishing Identification Card. All such permits shall be non-transferable and shall expire on June 30 of each year.
[2]
Cross Reference: Section 17.11.01 Fishing Without Obtaining Identification and Permit and Section 17.11.04 Unauthorized Transfer of Permit for Identification Prohibited.
(c) 
Fish Tax and Fines to be Paid Prior to Issuance of Permits. No Commercial Fishing Permit shall be issued for a given year unless and until the fisherman has paid all past due taxes and any tribal fines for fishing violations levied during the previous seasons and provided that there is no tribal court order prohibiting the issuance of the permit. The Tribe will forgive any past due taxes owed by a fisherman from a fish ticket that is received more than two years after the day of sale.
(d) 
Permit Fees. The Tribal Council has the power to set fees for Commercial Fishing Permits by appropriate amendment to this Code. If a Fishing Permit is damaged, the fisherman must present the damaged card for a free replacement. If the permit or card is lost, the first replacement is free of charge. If a fisherman loses a second permit or card during the fishing year, the replacement shall be $5.00. A third replacement shall be $10.00, the fourth shall be $15.00, and each subsequent loss shall continue to increase by $5.00 each time.
(Res. 94 A 109, 7/12/1994; Amended for minor editing, Res. 06 A 067, adopted 9/19/2006; Res. 21 A 129, 12/13/2021, removed language in subsection (c) that referred to the Fish and Shellfish Tax; Res. 10-A-096, 6/22/2010, changed the commercial fishing permit expiration date from April to June of each year.)
(a) 
Ceremonial Fishing.[1] Only enrolled members of the Port Gamble S'Klallam Tribe shall exercise ceremonial fishing rights. Members fishing or shellfishing for ceremonial purposes shall have an embossed Tribal Fishing Identification Card as provided in Section 17.03.02 and a Ceremonial Permit as provided in Section 17.03.05 (b). Each ceremonial fisherman shall report his or her ceremonial catch to the Fisheries Manager within the time period specified on the ceremonial permit.
[1]
Cross Reference: Section 17.11.02 Fishing Without Identification and Permits in Possession and Section 17.11.28 Failure to Fill Out and Return Subsistence/Ceremonial Cards.
(b) 
Ceremonial Fishing Permits.[2] Members of the Port Gamble S'Klallam Tribe may gather fish and shellfish for ceremonial purposes if they first obtain a Ceremonial Fishing Permit issued by the Fisheries Manager or his or her designee for that purpose. Ceremonial fishing shall be done in accordance with the conditions stated on the permit and in the appropriate ceremonial fishing regulation.
[2]
Cross Reference: Section 17.11.01 Fishing Without Obtaining Identification and Permit and Section 17.11.77 Violations of Regulations and Permits.
(Res. 94 A 109, 7/12/1994)
(a) 
Biological Personnel Identification Card. The Biological Personnel Identification Card shall be issued to those biological personnel employed by the Tribe or Treaty Council who are authorized to take and possess fish and shellfish as may be required in the performance of his or her duties.
(b) 
Test Fishery Card. The Test Fishery Card shall be an embossed card, which shall be used for recording the sale of fish or shellfish taken in test fisheries conducted pursuant to this Code. Control of the use and possession of the Test Fishery Card shall be the responsibility of the Fisheries Manager.
(c) 
Tribal Fishery Card. The Tribal Fishery Card shall be an embossed card, which shall be used for recording the sale of fish and shellfish taken in fisheries specifically conducted on behalf of and for the benefit of the Tribe or Treaty Council. No such fishery shall occur except as specifically authorized by appropriate regulations issued pursuant to this Code. Control of the use and possession of the Tribal Fishery Card shall be the responsibility of the Fisheries Manager.
(d) 
Hatchery Sale Card. The Hatchery Sale Card shall be an embossed card, which shall be used to record the sale of surplus or spawned finfish taken at tribal enhancement facilities. Control of the use and possession of the Hatchery Sale Card shall be the responsibility of the Fisheries Manager.
(e) 
Patrol Confiscation Card. The Patrol Confiscation Card shall be an embossed card, which shall be used to record the sale of fish confiscated under authority of this Code. Control of the use and possession of the Patrol Confiscation Card shall be the responsibility of the Fisheries Enforcement Officers.
(Res. 94 A 109, 7/12/1994)