(a) 
Registration.[1] All tribal fishers must register their vessel with the Fisheries office prior to using the vessel to exercise treaty fishing rights.
[1]
Cross Reference: Section 17.11.11 Exercising Treaty Fishing Rights on Vessel not Owned by the Tribe or Tribal Member.
(b) 
Documentation of Ownership. Adequate documentation of ownership shall consist of one or more of the following:
(i) 
Coast Guard documentation/registration or tribal registration in the name of the Tribe or a tribal member.
(ii) 
A bill of sale conveying clear title to the boat to the Tribe or a tribal member. The bill of sale shall show the name and address of the purchaser and the seller; the purchase price; the make, model, type, name (if applicable) and length of the boat; a description of any included gear and equipment; and the date of sale.
(iii) 
A purchase contract as approved under Section 17.04.01(c) of this Code.
(c) 
Procedure for Approval of Purchase Contracts.[2] Each vessel purchase contract must be approved by the Tribe before the vessel in question can be used in exercising treaty fishing rights. The procedure for obtaining approval of the vessel purchase contract shall be as follows:
(i) 
Application for approval of the contract shall be made to the Fisheries Manager. The application shall be made by providing a copy of the purchase contract and any pertinent documents to the Fisheries Manager.
(ii) 
The Fisheries Manager shall examine the contract and the submitted documents in order to determine whether the contract is legally binding on both buyer and seller; whether it has a reasonable likelihood of success, thus insuring that the vessel will not be returned to the seller; and whether it otherwise meets the requirements of this Code. The Fisheries Manager shall consult with the tribal attorney and the Fisheries Committee, as appropriate for the species involved, in making this determination.
(iii) 
If the Fisheries Manager determines that the contract is enforceable and meets the requirements of this Code, he or she shall approve the contract and authorize the vessel to be registered.
(iv) 
Within two (2) weeks after receiving the application the Fisheries Manager shall notify the fisherman whether or not the purchase contract has been approved.
(v) 
Any fisherman whose contract has been disapproved may appeal the decision to the Tribal Council, whose decision shall be final.
[2]
Cross Reference: Section 17.11.12 Giving False Information to Obtain Purchase Contract and Section 17.11.11 Exercising Treaty Fishing Rights on Vessel not Owned by the Tribe or Tribal Member.
(d) 
Contracts Where Payment is Percentage of Catch Prohibited.[3] No purchase contract shall be approved if payment on the contract is in the form of a percentage of the catch.
[3]
Cross Reference: Section 17.11.09 Fishing on a Vessel Obtained by a Lease, a Lease Purchase Agreement or Percentage-of-Catch Agreement.
(e) 
Boat Rentals, Lease and Lease Purchase Agreements Prohibited.[4] Leases and lease-purchase agreements are prohibited.
[4]
Cross Reference: Section 17.11.09 Fishing on a Vessel Obtained by a Lease, a Lease Purchase Agreement or Percentage-of-Catch Agreement.
(Res. 95 A 058, 5/5/1995; Res. 94 A 109, 7/12/1994; amended to allow leases and lease-purchase agreements for purse seiners, Res. 06 A 067, adopted 9/19/2006; Res. 15-A-167, 12/9/2015 amended Subsection 17.04.01(a) to clarify boat ownership requirements and deleted Subsection (e) purse seine language; Res. 21 A 077, 6/14/2021 moved the issue of who can be on what vessel out of Section 17.04.01(a) and into Chapter 17.02 Who May Fish.)
(a) 
Fishing Vessel Registration - Generally. Except as may be provided elsewhere in this Code, no member shall exercise treaty fishing rights using any motorized vessel which has not been registered and marked in accordance to the procedures established by this Code or other procedures approved by the Tribal Council or Treaty Council. All registration shall expire on June 30 of each year.
(b) 
Fishing Vessel Registration - Limits. Registration of vessels over 22 feet in length is limited to one vessel per owner per fishery.
(c) 
Boat Numbers. All boats must be registered at the Port Gamble S'Klallam Natural Resources Department. A number will be issued to each boat and must be displayed on each side of the bow of the boat. Numbers must be easy to read and at least 3 inches high. Annual vessel permits will be issued and shall be affixed to the boat on the right side of the number.
(d) 
Boat Numbers Not Transferable. Use of boat numbers or annual vessel permits on a boat other than the one for which they were issued is prohibited.
(Res. 94 A 109, 7/12/1994; Res. 02 A 063, 5/14/2002 amended subsections (c) and (d) and repealed (e).)
[1]
Cross Reference: Section 17.11.05 Vessel Registration Requirements - Failure to Comply and Section 17.11.06 Use of Another’s Boat Numbers, Annual Vessel Permit.
A member of the Port Gamble S’Klallam Tribe may exercise treaty fishing rights with a purse seiner which is owned and operated by the Port Gamble S’Klallam Tribe and/or by enrolled members of the Port Gamble S’Klallam Tribe.
(Res. 94 A 109, 7/12/1994. Amended to allow the use of purse seiners, Res. 06 A 067, 9/19/2006)
The owner of a tribally registered vessel shall ensure that:
(a) 
There are life jackets for all occupants on the vessel;
(b) 
If the vessel is nineteen (19) feet long or less, all occupants under twelve (12) years of age wear a US Coast Guard approved life jacket at all times while on the vessel;
(c) 
If the vessel is eighteen (18) feet long or more, it has a functioning VHF radio on board;
(d) 
The vessel has functioning navigation equipment on board; and
(e) 
There is at least one functioning light on the vessel.
(Res. 15-A-167, 12/9/2015 created Section 17.04.05 Boat Owner Safety Requirements to require boat owners to ensure certain safety requirements are met on board.)
[1]
Cross Reference: 17.11.13 Violating Boat Safety Requirements.