The Tribal Council shall appoint a Fisheries Manager who shall be responsible for:
(a) 
Managing the Port Gamble S'Klallam Tribal Fisheries;
(b) 
Coordinating the management of the Tribal Fisheries with the Point No Point Treaty Council biological staff;
(c) 
Promulgating fishing regulations;
(d) 
Directing the fisheries enhancement effort of the Port Gamble S'Klallam Tribe and;
(e) 
Carrying out any other duties delegated to the Fisheries Manager by this Code or by the Tribal Council.
(Res. 94 A 109, 7/12/1994)
(a) 
Role of Fisheries Committee. The Fisheries Committee shall act in an advisory capacity to the Fisheries Manager, the Tribal Council, and the Treaty Council, and shall carry out any other fisheries related duties assigned to it by the Tribal Council or this Code. Issues which may be addressed by the Fisheries Committee include:
(i) 
Recommending times and places when and where the taking of fish is lawful, with preference to ceremonial and subsistence fishing.
(ii) 
Recommending and defining the types, sizes and other characteristics of fishing gear not already defined in this Code.
(iii) 
Recommending the time, place and manner in which it will be lawful to use any fishing gear.
(iv) 
Recommending additional requirements and conditions for the issuance and use of tribal fishing permits.
(v) 
Regulating all other aspect of the Tribal fishery which the Tribal Council refers to the Fisheries Committee.
(b) 
Reports to Council. The Fisheries Committee shall make a regular report to the Tribal Council of its recommendations, actions and decisions.
(c) 
Approval of Fisheries Committee Action by Tribal Council. Except as otherwise provided in this Code or by the Tribal Council, no recommendation, action or decision of the Fisheries Committee shall become effective until it has been reviewed and approved by the Tribal Council.
(d) 
Appointment and Membership. The Tribal Council shall appoint a Fisheries Committee which shall consist of at least six (6) tribal members.
(e) 
Quorum, Voting For the purpose of conducting business, a quorum of the Fisheries Committee shall be four (4) members. Fisheries Committee members shall not vote on matters that directly concern a close relative. Fisheries Committee decisions shall be by simple majority vote of the members present. Fisheries Committee members who disagree with the decisions of the Fisheries Committee may express their dissent and their reasons for it to the Tribal Council.
(f) 
Meetings - Notice. The Fisheries Manager shall be responsible for notifying Fisheries Committee members of Fisheries Committee meetings. No Fisheries Committee meeting shall be held unless the Fisheries Manager has made a good faith effort to notify each Fisheries Committee member of the meeting. The Fisheries Manager shall call a meeting at the request of a Tribal Council or Fisheries Committee member, at any time required to implement this Code or as deemed necessary by the Fisheries Manager.
(g) 
Vacancy, Resignation, Removal from Committee.
(i) 
The Tribal Council may declare a position on the Fisheries Committee to be vacant if a Fisheries Committee member is unwilling or unable to fulfill his or her duties.
(ii) 
No person who has been convicted of a violation of this Code or a regulation promulgated under it which the Tribal Court has determined to be a conservation threat to the fishery resource, shall be allowed to serve on the Fisheries Committee for a period of two (2) years after his or her conviction. A person so convicted during his or her term of office on the Fisheries Committee may be removed from said office upon conviction. Such removal shall be at the discretion of the Tribal Council.
(iii) 
If a Fisheries Committee member resigns or a position otherwise becomes vacant before the term of that position expires, the Council shall appoint someone to serve the unexpired term.
(Res. 94 A 109, 7/12/1994. Shellfish Committee amendments adopted by Res. 95 A 058, 5/5/1995. Amended to omit a separate Shellfish Committee and to change the name Fish Committee to Fisheries Committee throughout the code, Res. 06 A 067, 9/19/2006.)
(a) 
Proposed Annual and Seasonal Regulations. The Fisheries Manager shall prepare or direct the preparation of proposed annual and seasonal regulations for each species of fish and shellfish to be managed by the Tribe for its fishermen. These proposed regulations shall cover all aspects of tribal fishing consistent with this Code and the requirements of U.S. v. Washington. In preparing the proposed regulations, the Fisheries Manager shall consider all recommendations made to him or her by the Tribal Council, the Fisheries Committee, as appropriate for the species involved, tribal and Treaty Council biologists, and other interested parties.
(b) 
Tribal Council Approval. The Tribal Council at all times shall retain the right to reject or modify any or all regulations proposed by the Fisheries Manager, and to adopt regulations other than those proposed by the Fisheries Manager. Each regulation proposed by the Fisheries Manager and not rejected or modified by the Tribal Council shall be considered as approved and shall become effective and enforceable according to the terms specified in the regulation or until the regulation is rejected or modified by the Tribal Council.
(Res. 94 A 109, 7/12/1994; amended by Res. 95 A 058, 5/5/1995)
(a) 
Notice for U.S. v. Washington Species. Regulations shall be provided to the parties in U.S. v. Washington according to the time schedule and for those species specified in the applicable orders entered in U.S. v. Washington.
(b) 
Notice for Other Species. Regulations regarding species not adjudicated under U.S. v. Washington shall be provided to the Tribal Council and appropriate outside agencies.
(c) 
Notice to Tribal Council. Copies of all fishing regulations shall be provided to the Tribal Council at such time and in such manner as the Tribal Council shall designate.
(d) 
Posting of Notice of Adopted Regulations. All adopted regulations, including emergency regulations, shall be prominently posted within the Reservation and shall be available to Tribal members upon request.
(Res. 94 A 109, 7/12/1994)
(a) 
Emergency Regulations. The Fisheries Manager shall have the power to make emergency changes in the annual regulations to insure proper management and conservation of the fisheries resource. The power to make emergency changes in annual regulations includes the power to close a tribal fishery when in his or her judgment the closure is necessary to meet conservation or allocation needs. Annual regulations shall not be changed on an emergency basis until the Fisheries Manager has made a good faith effort to consult with the Fisheries Committee, as appropriate for the species involved, a tribal biologist, or a Treaty Council biologist about the change.
(b) 
Effective Date. Emergency regulations shall be effective and enforceable when they are issued or according to their terms and shall remain effective until specifically modified or rescinded by the Fisheries Manager or the Tribal Council. No penalty shall be imposed for violations of an emergency regulation unless twenty-four (24) hours have passed since it was issued, or unless there has been personal written or oral notice of the regulation given to the fisherman by Fisheries Enforcement or Fisheries Management staff, whichever occurs first.
(Res. 94 A 109, 7/12/1994; amended by Res. 95 A 058, 5/5/1995)
(a) 
Power to Delegate Management of In-Common Fishery to Treaty Council. The Port Gamble S'Klallam Tribal Council has the power to delegate to the Treaty Council, by resolution and through the Point No Point Treaty Council Intertribal Fisheries Management Compact, the authority to manage fishing areas the Tribe has in-common with other members of the Treaty Council and the authority to negotiate in-common regulations with tribes which are not members of the Treaty Council.
(b) 
Tribal Council Review of Regulations Proposed by Treaty Council. Regulations proposed by the Treaty Council on behalf of the Tribe as provided in Section 17.08.03 Adoption of Annual and Seasonal Regulations shall be subject to the same procedural and review provisions as the regulations proposed and promulgated by the Fisheries Manager, including the right of the Tribal Council to reject or modify any regulations proposed by the Treaty Council.
(Res. 94 A 109, 7/12/1994)
Annual and emergency fishing regulations may refer to marine areas by area code numbers. The waters represented by these numbers shall be described in the most current State of Washington regulations establishing Puget Sound Commercial Salmon Management and Catch Reporting Areas, as appropriate. Freshwater fishing areas shall be referred to in the regulations by the number code and the name of the stream, river or lake. Beach or other area descriptions for shellfish harvest may be made by reference to those designated by the Washington Department of Fisheries and Wildlife or other beach or area descriptions and maps prepared by the Fisheries Manager.
(Res. 94 A 109, 7/12/1994)
(a) 
Decision to Conduct Test Fishery.[1] The Fisheries Manager shall have the power to authorize a test fishery following a determination that such a fishery is necessary. The Fisheries Manager shall determine the type and amount of gear to be used and the time period and fishing area for the test fishery. There shall be no test fishery other than as directed by the Fisheries Manager and/or the Treaty Council. Other affected management entities shall be given reasonable notice of proposed test fisheries.
[1]
Cross Reference: Section 17.11.40 Unauthorized Test Fishery - Compliance with Requirements.
(b) 
Who May Conduct Test Fishery; Use of Proceeds.[2] Only the Tribe or the Treaty Council may conduct a test fishery. Fish or shellfish taken in test fisheries are the property of the Tribe or Treaty Council, whichever conducts the test fishery. All proceeds from the sale of fish or shellfish caught in test fisheries shall be remitted to the Tribe or Treaty Council, as appropriate.
[2]
Cross Reference: Section 17.11.40 Unauthorized Test Fishery - Compliance with Requirements.
(c) 
Selection of Participants in Test Fishery. In order to participate in a test fishery, a fisherman shall meet the following requirements:
(i) 
The fisherman shall be an enrolled member of the Port Gamble S'Klallam Tribe or other member tribe of the Point No Point Treaty Council who is eligible to participate in said Tribe’s fishery; or a biologist employed by the Tribe or Treaty Council.
(ii) 
The fisherman shall be experienced in the use of the selected test gear type in the selected test fishing area. In the case of test fisheries which require vessel-deployed drift nets, only those fishermen who have successfully operated their vessel and gear in the most recent regular fishery prior to the test fishery shall be eligible to participate in the test fishery.
(iii) 
The fisherman shall agree to record and provide to the Fisheries Manager all the information regarding the test fishery requested by the Fisheries Manager.
(iv) 
In the event that more than the number of eligible fishermen necessary for a specific test fishery are interested in participating in the test fishery, the participants shall be chosen by a fair drawing conducted by the Fisheries Manager or Point No Point Treaty Council senior biologist. Participation in the test fishery shall be according to the order established in the drawing for that test fishery. If the test fishery continues long enough for all of the interested fishermen to participate in it once, then the participation of fishermen shall continue by rotating through the order established by the drawing. A fisherman who becomes interested and eligible to participate in an on-going test fishery after the drawing has been held shall be assigned a place at the end of the rotation list established by the drawing. “At the end of the rotation list” shall mean after the last person on the participation schedule as it stands on the day the new fisherman begins participation in the test fishery.
(v) 
When a selected test fisherman withdraws or is disqualified from participating in the test fishery, the next fisherman on the list shall be designated as his or her replacement. Test fishermen shall not exchange their position on the list before the test fishery begins without the approval of the Fisheries Manager. No exchange of positions shall be made after the test fishery begins.
(vi) 
In the event that a test fishery continues for an extended period of time, with the result that some fishermen have repeatedly participated in it, fishermen who are ineligible to participate because their gear or experience is inadequate may indicate to the Fisheries Manager their desire to be an assistant in the test fishery. The Fisheries Manager may require the test fisherman to select a new assistant each time the test fisherman participates again in that test fishery.
(vii) 
The test fisherman must agree to participate in the test fishery for the amount of compensation provided for in Section 17.08.8.(f).
(viii) 
In the event that no member fisher possesses the type of gear necessary to conduct a test fishery, a non-member may be hired to fish in a test fishery. It is the Fishery Manager’s responsibility to determine if any member fisher possesses the necessary gear.
(d) 
Sale of Test Fishery Fish.[3] Fish or shellfish taken in test fisheries shall be sold only on a Test Fishery Card, and not on the individual test fisherman's Tribal Fishing Identification Card.
[3]
Cross Reference: Section 17.11.34 Sale of Fish Without Proper Permits, Cards, Identification and Registration.
(e) 
Compliance with Test Fishery Requirements.[4] Test fishermen shall strictly obey the gear, time, area and reporting requirements of the test fishing program. Failure to comply with the reporting requirements or the gear, time and area restrictions of the test fishing program shall constitute withdrawal from the program, and is a violation of this Code.
[4]
Cross Reference: Section 17.11.40 Unauthorized Test Fishery - Compliance with Requirements.
(f) 
Compensation of Test Fishermen. Test fishermen shall be compensated for their work as determined by the Fisheries Manager based upon a percentage of the gross sale price or personal consumption of the fish/shellfish caught in the test fishery. The Fisheries Manager shall determine the appropriate compensation.
(g) 
Test Fishery Catch Exempt from Tax.[5] (Repealed)
[5]
Cross Reference: Section 17.07.03 Tax on Fish Sold Commercially.
(h) 
Compensation Is Conditioned on Compliance With Reporting Requirements. No test fisherman shall be compensated for his or her work unless he or she has complied with all the reporting requirements of the test fishery.
(Res. 94 A 109, 7/12/1994; amended to simplify compensation of test fishers and for minor editing, Res. 06 A 067, 9/19/2006; Res. 21 A 129, 12/13/2021, repealed the Tribe’s Fish and Shellfish Tax.)