(Purse Seiners Prohibited. Res. 94 A 109, 7/12/1994; repealed Res. 06 A 067, adopted 9/19/2006)
Any person who fishes from a vessel that is subject to a lease, a lease purchase agreement or a percentage-of-catch agreement is guilty of a class A offense.
(Res. 94 A 109, 7/12/1994)
Any person who allows a tribally registered vessel to be commercially fished by a person not authorized to do so under this Code is guilty of a class B offense.
(Res. 94 A 109, 7/12/1994)
Any person who engages in any treaty fishing activity from a vessel that is not registered with the Port Gamble S’Klallam Tribe is guilty of a class C offense.
Any person who commercially fishes with intent to sell without the registered owner of the vessel on board is guilty of a class B offense.
This prohibition shall not apply to:
(1)
A test fishery conducted under this Code;
(2)
A Port Gamble S’Klallam member who is an assistant on a non-member’s fishing vessel as authorized under this Code;
(3)
A registered assistant who is net-checking a net that has been set by the vessel owner;
(4)
A registered assistant who is operating the vessel during diving operations;
(5)
A tribal member who is operating another tribal member’s vessel in transit to or from a clam/oyster harvest; or
(6)
A tribal member who has authority under 17.02.01 (4) Health Exception to operate another tribal member’s vessel.
Any vessel owner who does not register an assistant operator as required under Section 17.02.01 to the Fisheries Office prior to fishing is guilty of a class B offense.
(Res. 94 A 109, 7/12/1994; 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.)
Any person who knowingly provides false information in order to obtain approval of a purchase contract of a fishing vessel is guilty of a class B offense.
(Res. 94 A 109, 7/12/1994; Res. 02 A 063, 5/14/2002, amended this section to add the mental state of knowledge as an element and changing the penalty classification from C to B.)
Any owner of a tribally registered vessel who does not ensure that all safety requirements are met under Section 17.04.05 of this Code is guilty of a class C offense.
(Res. 15-A-167, 12/9/2015 created Section 17.11.13 Violating of Boat Safety Requirements to enforce the new Section 17.04.05 Boat Owner Safety Requirements.)