(a) 
Lighting.[1] All boats and drift gillnets shall be properly lighted according to current U.S. Coast Guard regulations, when exercising treaty fishing rights.
[1]
Cross Reference: Section 17.11.51 Improper Lighting.
(b) 
Nets to be Attended.[2] All marine drift nets must be attended to by the fisherman at all times.
[2]
Cross Reference: Section 17.11.50 Unattended Nets.
(c) 
Size Limits.[3] Marine drift gillnets in marine areas 4B, 5, and 6C, shall not be subject to an overall length limit. In all other marine areas, the length shall not exceed the fathoms limit in the regulations for a drift gillnet.
[3]
Cross Reference: Section 17.11.48 Violation of Net Length Limits.
(d) 
Net Identification - Buoys.[4] All submerged nets shall have buoys attached. Buoys shall be conspicuously marked with the Tribal Identification Card number of the fisherman operating the gear and shall be marked in such a way that the fisherman and tribal affiliation can be identified without removing the gear from the water. All buoys shall be constructed of durable material excluding plastic or metal bottles and other containers. The buoy line shall be weighted to keep the buoy line from floating.
[4]
Cross Reference: Section 17.11.49 Buoy and Net Identification Requirements.
(Res. 94 A 109, 7/12/1994; Res. 20 A 141, 12/14/2020, amended subsection (c) to remove specific size limits and instead refer to the regulations.)
(a) 
Purse Seine Net Identification Requirements. All purse seine nets shall be conspicuously marked with Tribal Fishing Identification Card number of the fisherman operating the net and shall be marked in such a way that the fisherman and tribal affiliation can identify them without removing the net from the water.
(b) 
Length Limits. Purse seine nets shall not exceed 1,800 feet.
(Res. 15-A-167, 12/9/2015 created Section 17.05.02 Purse Seine Nets to establish rules on ID requirements and net length limits.)
(a) 
Set Net Identification Requirements.[1] All set nets shall be conspicuously marked at the outermost (seaward) end with the Tribal Fishing Identification Card number of the fisherman operating the net and shall be marked in such a way that the fisherman and tribal affiliation can be identified without removing the net from the water.
All unmarked nets which are unattended, and any finfish found in them may be seized by the fisheries enforcement officers.
[1]
Cross Reference: Section 17.11.52 Net Identification Requirements.
(b) 
Nets to Be Tended Daily.[2] All gillnets shall be tended at least once every fourteen (14) hours, and all finfish captured in the net shall be removed. The person whose identification is attached to the net is the person responsible for tending the net. Failure to move an enforcement marker within fourteen (14) hours, according to the instructions on the marker, will raise a presumption that the net has not been tended.
[2]
Cross Reference: Section 17.11.53 Set Nets to be Tended Daily. Resolution No. 18 A 148, 12/17/2018, changed the period from 24 hours to 14 hours to match the regulations already in place that tribe was following.
(c) 
Removal of Nets Upon Closure.[3] Upon closure of a fishing area all nets and parts of nets, including buoys, anchors and crosslines, must be completely removed from the closed area regardless of the condition of the net.
[3]
Cross Reference: Section 17.11.54 Failure to Remove Nets Upon Closure.
(d) 
Consent Required to Attach Net to Private Property. Nets shall not be attached to private piers, docks, or bulkheads without written consent of the owner unless the structure obstructs a traditional fishing site.
(Res. 94 A 109, 7/12/1994)
Beach seine nets minimum mesh size and maximum length and depth shall be set by fishery regulations. Net length and depth shall not exceed the length and depth set in the regulations, and net mesh size shall not be less than the size set in the regulations. The use of power equipment for retrieval is not permitted.
(Res. 94 A 109, 7/12/1994; Amended to make mesh size a matter for regulation, Res. 06 A 067, adopted 9/19/2006; Res. 18 A 148, 12/17/2018, added the word “length”; Res. 20 A 141, 12/14/2020, amended this section to remove specific size language and instead refer to the regulations.)
(a) 
Nets to Be Attended.[1] All river set nets must be attended to by the fisherman at all times.
[1]
Cross Reference: Section 17.11.60 Nets to be Attended.
(b) 
Nets to Be Spaced 150 Feet Apart.[2] River gillnets shall be set and no part allowed to be closer than 150 feet from any other gillnet.
[2]
Cross Reference: Section 17.11.61 Nets to be Spaced 150 Feet Apart.
(c) 
Nets Not to Block River.[3] Set nets shall not be allowed to extend across, or block by any means, more than one-half of the portion of the river which is navigable by salmon. The net must be adjusted when the water level drops.
[3]
Cross Reference: Section 17.11.59 Nets Not to Block River.
(Res. 94 A 109, 7/12/1994)
(a) 
Marine Area Limitations. Non-commercial hook-and-line finfishing by tribal members at usual and accustomed marine fishing grounds and stations and at on-Reservation marine areas for subsistence and/or recreational purposes is permitted year round unless closed by properly adopted annual or emergency regulations.
(b) 
Freshwater Limitations. Non-commercial hook-and-line freshwater finfishing by tribal members on the reservation is open year round unless otherwise specifically closed by regulations adopted pursuant to this Code. Non-commercial hook-and-line finfishing by tribal members off reservation at usual and accustomed freshwater grounds and stations for subsistence and/or recreational purposes is permitted whenever the body of water is opened by the Washington Department of Fisheries and Wildlife for all-citizen sports fishermen, unless otherwise specifically opened or closed by regulations adopted pursuant to this Code.
(Res. 94 A 109, 7/12/1994; Res. 18 A 148, 12/17/2018, deleted subsection (c) Subsistence Fishing with Non-Members and moved it to Section 17.03.03 Subsistence and Recreational Fishing.)
(a) 
Crab Pots. Crab pot diameter, mesh size, and escape rings or ports location shall be determined by regulation.
(b) 
Shrimp Pots. Shrimp pot diameter, mesh size, and escape tunnel location shall be determined by regulation.
(c) 
Setting and Pulling of Shellfish Pots. The tribal member to whom the boat and gear is registered must be present on the vessel when pots are set, checked, and pulled.
(d) 
Shellfish Pot Identification Requirements. All unattended pots shall have buoys attached. All buoys shall be conspicuously marked with the Tribal Identification Card number of the fisherman operating the gear and shall be marked in such a way that the fisherman and tribal affiliation can be identified without removing the gear from the water. All buoys shall be constructed of durable material excluding plastic or metal bottles and other containers. The buoy line shall be weighted to keep the buoy line from floating.
(Res. 94 A 109, 7/12/1994. Amended to make dimensions the subject of regulation, Res. 06 A 067, 9/19/2006; Res. 15-A-167, 12/9/2015 created Sub-section (c) Setting and Pulling of Shellfish Pots.)
The Tribal Council may authorize the use of finfish traps by the Tribal Fisheries Program or the Treaty Council for any purpose.
(Res. 94 A 109, 7/12/1994)
Marine mammals are protected under tribal law from intentional harassment, injury and killing. However, under certain circumstances Tribal members are allowed to harass, injure or kill a marine mammal. Those circumstances are:
(a) 
Tribal members are allowed to use non-lethal means to deter a Harbor Seal or California Sea Lion from damaging fishing gear, catch, private property or endangering personal safety.
(b) 
Tribal members are allowed to use lethal means to deter a Harbor Seal or California Sea Lion from damaging fishing gear, catch, private property, or endangering personal safety, provided that all reasonable non-lethal means to deter the Harbor Seal or California Sea Lion have been attempted.
(c) 
Tribal members are allowed to injure or kill a marine mammal if it is necessary to save their lives or the life of another.
(Res. 95 A 092, 9/20/1995)
[1]
Cross Reference: Section 17.11.79 Protection of the Fishery from Marine Mammal Damage. Hunting of marine mammals is authorized only as expressly provided under the Port Gamble S'Klallam Hunting Code and Hunting Regulations.