(a) 
Sales to Be Reported on Fish Tickets.[1] All fish and shellfish caught in commercial fisheries must be recorded on fish tickets. The Fisheries Office may record on fish tickets for fishermen who call in their beach sales.
[1]
Cross Reference: Section 17.11.24 Failure to Report on Fish Ticket.
(b) 
Fish to Be Sold by Fisherman Who Caught Them.[2] Except as may be provided elsewhere in this Code, a fisherman may only sell or offer for sale fish or shellfish caught by himself or herself.
[2]
Cross Reference: Offense - Section 17.11.30 Sale of Another’s Fish - Prohibited. Exception - Section 17.02.02 Minors.
(c) 
Sale to Prohibited Buyers Unlawful.[3] No person shall sell fish or shellfish to any buyer to whom the sale of fish and shellfish by tribal members has been prohibited, as provided in this Code.
[3]
Cross Reference: Section 17.11.37 Sale to Prohibited Buyers.
(d) 
Sale of Fish Taken With Illegal Gear or Without Valid I.D./Permits Unlawful.[4] Except as may be provided elsewhere in this Code, no person shall sell, or offer for sale, any fish or shellfish unless taken with lawful commercial gear in an area specifically opened to commercial fishing with that gear, and the fisherman has in his or her possession at the time of sale valid identification and permits as required by this Code.
[4]
Cross Reference: Section 17.11.34 Sale of Fish Without Proper Permits, Cards, Identification and Registration.
(e) 
Sale of Fish Caught With Unregistered Vessel Unlawful.[5] No person shall sell fish or shellfish caught with any vessel which has not been registered pursuant to this Code.
[5]
Cross Reference: Section 17.11.34 Sale of Fish Without Proper Permits, Cards, Identification and Registration.
(f) 
Sale of Tribal Fish.[6] Any person selling fish or shellfish which are the property of the Tribe or Treaty Council shall record the sale of the fish or shellfish using the appropriate card as provided in Section 17.03.06.
[6]
Cross Reference: Section 17.11.34 Sale of Fish Without Proper Permits, Cards, Identification and Registration.
(g) 
Sale of Subsistence Catch Prohibited.[7] No person shall sell fish and shellfish caught for subsistence and/or recreational purposes.
[7]
Cross Reference: Section 17.11.36 Sale of Fish Caught for Subsistence or Recreational Purposes.
(h) 
“Beach Sales” Authorized.[8] A limited number of fish and shellfish, excluding bivalves, such as clams, oysters and geoduck, caught in a commercial fishery may be sold by the fisherman directly to individuals for the purpose of personal consumption and not for resale. The Fisheries Manager shall promulgate regulations which specify the manner of reporting these sales, the date by which they must be reported and the limit (number of fish or amount of shellfish per buyer/per fixed time period) and related regulatory matters. These sales are not exempt from the tribal fish ticket requirements of this Code.
[8]
Cross Reference: Section 17.11.24 Failure to Report on Fish Ticket.
(i) 
Sale of Fish, Fishing Under State License Prohibited.[9] No member shall participate in fishing or shellfishing or sell fish or shellfish under a Washington State fishing license within the Tribe’s usual and accustomed fishing grounds. A Port Gamble S'Klallam tribal member may work as a crew member on a vessel fished under a Washington State commercial fishing license but is prohibited from selling the fish.
[9]
Cross Reference: Section 17.11.32 Members Fishing or Selling Fish Under State License Prohibited.
(Res. 94 A 109, 7/12/1994; Res. 02 A 063, 5/14/2002, amended this section by adding subsection (i). Amended to clarify that beach sales of bivalves is prohibited and that beach sales are subject to tribal tax and must be reported, Res. 06 A 067, adopted 9/19/2006; Res. 20 A 071, 7/28/2020, amended subsection (a) to clarify language on the requirement to report on fish ticket; Res. 21 A 129, 12/13/2021, removed language in subsection (h) that referred to the Fish and Shellfish Tax.)
(a) 
Embossed I.D. Card to Be Presented to Buyer/Embossed Buyer's Card to Be Used.[1] Each fisherman shall present his or her embossed Tribal Fishing Identification Card or other appropriate embossed card as provided in this Code to the buyer each time he or she sells fish or shellfish. The fisherman selling the fish and/or shellfish shall require the buyer to use a valid, embossed Washington State fish buyer’s card to record the required information for each sale.
[1]
Cross Reference: Section 17.11.27 Failure to Present Embossed I.D. Card.
(b) 
Fish Tickets to Be Filled Out Accurately, Completely.[2] It is the responsibility of each fisherman at the time of each sale of fish or shellfish to be sure that the fish ticket is filled out completely and accurately. Each fish ticket shall be signed by the fisherman who caught the fish or shellfish being sold on that ticket, as an affirmation that the information on the ticket is correct.
[2]
Cross Reference: Section 17.11.26 Failure to Fill Out Fish Ticket Accurately and Completely.
(c) 
Fish Ticket Is Prima Facie Evidence of Events. Fish tickets shall constitute prima facie evidence that the events as recorded on the tickets actually occurred. Fish tickets which indicate a violation of this Code or regulations promulgated under it shall in and of themselves constitute probable cause to believe that a violation has occurred, and shall be admissible evidence that a violation has occurred. The embossed appearance of the identification number of a fisherman or his or her signature on any fish ticket, including unofficial receipts or proofs of sale, shall be admissible as prima facie evidence that the fisherman caught and sold the fish reported on the ticket on or about the date of the ticket.
(d) 
Providing False Information.[3] No person shall provide false information that will be recorded onto fish tickets.
[3]
Cross Reference: Section 17.11.25 Providing False Information on Fish Ticket.
(e) 
Fish Caught Outside the U. and A.[4] A member of the Port Gamble S'Klallam Tribe shall not allow fish or shellfish to be recorded on a fish ticket as caught by a member of the Tribe when those fish or shellfish have been caught outside of the usual and accustomed fishing grounds of the Port Gamble S'Klallam Tribe.
[4]
Cross Reference: Section 17.11.33 Recording Fish Caught Outside U. & A. on a Fish Ticket.
(Res. 94 A 109, 7/12/1994. Amended to slightly edit subsection (d), Res. 06 A 067, 9/19/2006)
(Tax on Fish Sold Commercially. Res. 94 A 109, 7/12/1994. Amended to clarify that annual permits will only be issued if a fisher had paid his or her tax in full, Res. 06 A 067, 9/19/2006; Res. 10-A-096, 6/22/2010, added section (e) recognizing the tribe may obtain belated information in the reconciliation process; Res. 21 A 129, 12/13/2021, repealed the Tribe’s Fish and Shellfish Tax.)
(a) 
Authority to Restrict Sales to Licensed Buyers. The Port Gamble S'Klallam Tribe retains the authority to restrict the sale of tribally caught fish and shellfish to approved and/or licensed buyers. The Fisheries Manager shall be authorized to execute a Fish Buyers Agreement on behalf of the Port Gamble S'Klallam Tribe.
(b) 
Fish Buyer Agreement. The Fish Buyer Agreement shall contain the conditions by which a fish buyer shall be authorized to buy fish and shellfish from Port Gamble S'Klallam fishers. These conditions may include, but are not limited to, license fees, bonding and other conditions established by the Fisheries Manager upon recommendation of the Port Gamble S'Klallam Business Committee. The Fisheries Manager will consult with the Fisheries Committee, as appropriate for the species involved, and attorneys regarding the requirements for fish buyer licensing.
(c) 
Tribal Member Fish Buyers. The Fisheries Manager may direct the issuance of Tribal Fish Buyer identification cards to enrolled members of the Port Gamble S'Klallam Tribe who have properly applied for and met the requirements for a Tribal Fish Buyer identification card, provided that such individuals must possess a valid Port Gamble S’Klallam Commercial Fishing Permit. Enrolled tribal members shall be exempt from dealer and buyer license fee requirements.
(Res. 94 A 109, 7/12/1994; Res. 95 A 058, 5/5/1995)
(a) 
The Tribal Council retains the power to regulate the numbers and activities of commercial fish buyers within the boundaries of the Port Gamble S'Klallam Reservation.
(b) 
All fish and shellfish buyers on the Port Gamble S'Klallam Reservation must record sales of fish and shellfish on approved fish tickets or shellfish tickets. In recording the sale the buyer must use an embossed Washington State fish buyer’s card and an embossed fisher’s card.
(Res. 94 A 109, 7/12/1994)
It is the responsibility of each fisherman to fully complete a marine mammal reporting card and return it to the Fisheries Office by the date printed on the card, reporting each marine mammal killed under Section 17.11.79 (b) and (c) of this Code and reporting each marine mammal unintentionally killed or seriously injured while engaged in fishing (i.e. entanglement in gear).
(Res. 95 A 092, 9/20/1995)
[1]
Cross Reference: Section 17.11.80 Marine Mammal Reporting Cards Required. Marine Mammals harvested under the Port Gamble S'Klallam Hunting Code and Hunting Regulations must be reported as provided under the Hunting Regulations.
All fishermen must report their catch to a monitor when a monitor is present and the regulations require reporting.
(Res. 20 A 071, 7/28/2020, created this section to clarify the different between the requirement to report on fish ticket and the requirement to report to the monitor.)
[1]
Cross Reference: Section 17.11.29 Failure to Report to Monitor.