Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Tribal Usual and Accustomed Fishing Areas, 36806-36808 [2016-13469]
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations
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Federal Communications Commission.
Marlene H. Dortch,
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[FR Doc. 2016–13088 Filed 6–7–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160303183–6183–01]
RIN 0648–BF58
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States; Tribal
Usual and Accustomed Fishing Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
ehiers on DSK5VPTVN1PROD with RULES
AGENCY:
This final rule implements
the decision in United States v.
Washington, 2:09–sp–00001–RSM,
(W.D. Wash. Sept. 3, 2015) (Amended
Order Regarding Boundaries of Quinault
& Quileute U&As), which set forth
certain boundaries of the usual and
SUMMARY:
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accustomed (U&A) fishing areas in the
Pacific Ocean of the Quileute Nation
(Quileute) and Quinault Indian Nation
(Quinault). This action also includes
related changes to NMFS regulations to
provide consistency for tribal U&A
fishing area boundaries across all
fisheries managed by NMFS under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson Act).
DATES: This final rule is effective June
8, 2016.
ADDRESSES: Information relevant to this
final rule are available from William W.
Stelle, Jr., Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point
Way NE., Seattle, WA 98115–0070.
Electronic copies of this final rule are
also available at the NMFS West Coast
Region Web site: https://
www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew, phone: 206–526–
6147, fax: 206–526–6736, or email:
gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This rule is accessible via the Internet
at the Office of the Federal Register Web
site at https://www.federalregister.gov.
Background information and documents
are available at the NMFS West Coast
Region Web site at https://
www.westcoast.fisheries.noaa.gov.
Background
The Magnuson Act requires that any
fishery management plan approved by
the Secretary of Commerce and any
implementing regulations be consistent
with all provisions of the Act and ‘‘any
other applicable law.’’ 16 U.S.C.
1854(b)(1). ‘‘Other applicable law’’
includes treaties with northwest Indian
tribes reserving ‘‘the right of taking fish,
at all usual and accustomed grounds
and stations.’’ Washington State
Charterboat Association v. Baldrige, 702
F.2d 820, 823 (9th Cir. 1983). For many
years, NMFS has recognized that it must
accommodate these treaty fishing rights
regardless of whether the details of
those rights have been judicially
determined. In 1986, NMFS’s
regulations first described ‘‘treaty
fishing areas’’ of the Pacific Coast treaty
Indian tribes. 51 FR 16471 (May 2,
1986). For purposes of this rule, Pacific
Coast treaty Indian tribes means the
Hoh, Makah, and Quileute Indian Tribes
and the Quinault Indian Nation. The
boundary descriptions of treaty fishing
areas first applied only to the Pacific
halibut fishery, but in 1987 the same
descriptions were adopted for the
Pacific salmon fishery. 52 FR 17264
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Frm 00020
Fmt 4700
Sfmt 4700
(May 6, 1987). NMFS has consistently
stated that these boundaries were not
intended to represent a formal
determination of the boundaries of
treaty fishing areas, and that they are
subject to change as necessary to
comport with future court orders.
In 1996, NMFS issued a final rule
amending its regulations managing West
Coast groundfish fisheries and
describing the physical boundaries of
Pacific Coast treaty Indian tribes’ usual
and accustomed (U&A) fishing areas.
This rule described the same areas that
had previously been set forth in NMFS
regulations. In promulgating the rule,
NMFS explained that:
Under this rule, NMFS recognizes the same
U&A areas that have been implemented in
Federal salmon and halibut regulations for a
number of years. The States and the Quileute
tribe point out that the western boundary has
only been adjudicated for the Makah tribe.
NMFS agrees. NMFS, however, in
establishing ocean management areas, has
taken the adjudicated western boundary for
the Makah tribe, and extended it south as the
western boundary for the other three ocean
tribes. NMFS believes this is a reasonable
accommodation of the tribal fishing rights,
absent more specific guidance from a court.
NMFS regulations, including this regulation,
contain the notation that the boundaries of
the U&A may be revised by order of the
court.
61 FR 28786, 28789 (June 6, 1996)
Subsequently, NMFS promulgated
regulations to describe the same U&A
fishing area boundaries in its
regulations for coastal pelagic species
and highly migratory species. 66 FR
44986 (August 27, 2001) (coastal pelagic
species); 68 FR 68834 (December 10,
2003) (highly migratory species). The
same boundaries are also codified in the
regulations governing Pacific halibut
fisheries. 50 CFR 300.64. Regulations
governing Pacific salmon fisheries are
not codified, but also use the same
boundaries when issued on a yearly
basis. See, e.g., 81 FR 26157 (May 2,
2016).
Newly Adjudicated Boundaries of
Pacific Coast Treaty Tribes’ U&A
Fishing Areas
On August 27, 2015, the United States
District Court for the Western District of
Washington set forth the boundaries of
the U&A fishing areas for the Quileute
and the Quinault. United States v.
Washington, 2:09–sp–00001–RSM,
(W.D. Wash. Aug. 27, 2015) (Order
Regarding Boundaries of Quinault &
Quileute U&As). That order was
amended on September 3, 2015. United
States v. Washington, 2:09–sp–00001–
RSM, (W.D. Wash. Sept. 3, 2015)
(Amended Order Regarding Boundaries
of Quinault & Quileute U&As). This
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08JNR1
Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations
rulemaking implements the September 3
Amended Order. These newly
adjudicated boundaries differed in some
respects from the boundaries that NMFS
adopted in the 1996 regulations.
Specifically, the adjudicated northern
boundary of the Quileute’s U&A fishing
area and the western boundary of the
Quinault’s U&A fishing area differ from
the 1996 regulations. Accordingly,
NMFS now revises the latitude and
longitude coordinates describing the
tribes’ U&A fishing areas, consistent
with the September 3, 2015, court order.
Other boundaries, and their supporting
rationale as described in the June 6,
1996, rule (61 FR 28789) are not affected
by this rulemaking.
Technical Revisions
The Pacific Coast treaty Indian tribal
U&A fishing areas are referenced in
several places within title 50, part 660.
To reduce duplicative regulations and
ensure consistency within title 50, part
660, regulations describing the Pacific
Coast treaty Indian tribes’ U&A fishing
areas are consolidated and moved to
§ 660.4, subpart A. Cross-references to
Pacific coast treaty tribes’ U&A fishing
areas throughout title 50, part 660 are
updated. Minor changes to regulations
are made to consistently refer to ‘‘U&A
fishing areas’’ rather than ‘‘U&As.’’
Minor changes are also made to
consistently refer to the tribes’ U&A
fishing areas ‘‘within the EEZ.’’
Regulations at § 660.50(c) previously
described tribal U&A fishing areas as
‘‘within the fishery management area.’’
‘‘Fishery management area’’ is defined
slightly differently in the various parts
and subparts within title 50, part 660,
and include additional details that do
not apply for the purpose of describing
U&A fishing areas. The term ‘‘fishery
management area’’ as it relates to Pacific
Coast treaty Indian tribes’ U&A fishing
areas is therefore replaced with the term
EEZ, which is defined at § 600.10.
All of the minor regulatory changes
described in ‘‘Technical Revisions’’ are
non-substantive, and intended to reduce
duplicative regulations and bring
consistency among the parts and
subparts in title 50, part 660, regarding
Pacific coast treaty Indian tribes’ U&A
fishing areas.
ehiers on DSK5VPTVN1PROD with RULES
Classification
The Administrator, West Coast
Region, NMFS, determined that the
minor regulatory amendments
associated with the Court-ordered
changes to tribal U&A fishing areas,
which this final rule implements, are
necessary for conservation and
management and are consistent with the
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Jkt 238001
Magnuson Act and other applicable
laws.
NMFS finds good cause to waive prior
public notice and comment on the
revisions to regulations in this final rule
under 5 U.S.C. 553(b)(3)(B) because
notice and comment would be
impracticable and contrary to the public
interest. Affording the time necessary
for notice and comment rulemaking for
these changes to regulations is
impracticable and contrary to the public
interest because the district court has
issued its final judgment and the
boundaries adjudicated by the court are
controlling. NMFS’s regulations must be
modified consistent with the court order
as quickly as possible to bring them into
compliance with the legal requirements.
It is further necessary to act quickly to
modify the tribal U&A fishing area
boundaries and to make related, minor
technical corrections in title 50, part
660, to prevent the confusion that arises
out of conflicting boundaries, which
adds complexity to the management
regime and creates problems for state
and Federal management and
enforcement. Furthermore, NMFS is not
exercising any discretion in issuing this
rule, but only making the changes
necessary to comply with the court
order. For the same reasons, NMFS also
finds good cause to waive the 30-day
delay in effectiveness.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The regulations at § 660.50(d) state
treaty rights ‘‘will be implemented by
the Secretary’’ and regulations will be
developed in consultation with the
affected tribe(s). The minor regulatory
amendments associated with the Courtordered changes to tribal U&A fishing
areas in this final rule have been
developed following these procedures.
36807
§ 660.4 Usual and accustomed fishing
areas for Pacific Coast treaty Indian tribes.
(a) The Pacific Coast treaty Indian
tribes’ usual and accustomed (U&A)
fishing areas within the EEZ are set out
below in paragraphs (a)(1) through (a)(4)
of this section. Boundaries of a tribe’s
fishing area may be revised as ordered
by a Federal court.
(1) Makah. The area north of 48°02.25′
N. lat. (Norwegian Memorial) and east of
125°44′ W. long.
(2) Quileute. The area between
48°10.00′ N. lat. (Cape Alava) and
47°31.70′ N. lat. (Queets River) and east
of 125°44.00′ W. long.
(3) Hoh. The area between 47°54.30′
N. lat. (Quillayute River) and 47°21.00′
N. lat. (Quinault River) and east of
125°44.00′ W. long.
(4) Quinault. The area between
47°40.10′ N. lat. (Destruction Island)
and 46°53.30′ N. lat. (Point Chehalis)
and east of 125°08.50′ W. long.
(b) [Reserved]
■ 3. In § 660.11, add a new definition for
‘‘Usual and accustomed fishing areas’’
in alphabetical order to read as follows:
§ 660.11
General definitions.
*
*
*
*
*
Usual and accustomed fishing areas
or U&A fishing areas for Pacific Coast
treaty Indian tribes, occurring within
the EEZ, are described at § 660.4,
subpart A.
*
*
*
*
*
■ 4. In § 660.12, revise paragraph (a)(14)
to read as follows:
§ 660.12
General groundfish prohibitions.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
*
*
*
*
(a) * * *
(14) During times or in areas where atsea processing is prohibited, take and
retain or receive Pacific whiting, except
as cargo or fish waste, on a vessel in the
fishery management area that already
has processed Pacific whiting on board.
An exception to this prohibition is
provided if the fish are received within
the tribal U&A fishing area, described at
§ 660.4, subpart A, from a member of a
Pacific Coast treaty Indian tribe fishing
under § 660.50, subpart C.
*
*
*
*
*
■ 5. In § 660.50, revise paragraphs (b),
(c), (e)(4), and (g)(11) to read as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
§ 660.50 Pacific Coast treaty Indian
fisheries.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: June 2, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
2. A new § 660.4 is added to subpart
A to read as follows:
■
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Frm 00021
Fmt 4700
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*
*
*
*
*
*
(b) Pacific Coast treaty Indian tribes.
For the purposes of this part, Pacific
Coast treaty Indian tribes means the Hoh
Indian Tribe, Makah Indian Tribe,
Quileute Indian Tribe and the Quinault
Indian Nation.
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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations
(c) Usual and accustomed fishing
areas or U&A fishing areas. The Pacific
Coast treaty Indian tribes’ U&A fishing
areas within the EEZ are set out in
§ 660.4.
*
*
*
*
*
(e) * * *
(4) Fishing outside the U&A fishing
area or without a groundfish allocation.
Fishing by a member of a Pacific Coast
treaty Indian tribe outside the
applicable Indian tribe’s U&A fishing
area, or for a species of groundfish not
covered by an allocation, set-aside, or
regulation under this section, is subject
to the regulations in the other sections
of subpart C through subpart G of this
part. Treaty fisheries operating within
tribal allocations are prohibited from
operating outside the U&A fishing areas
described at § 660.4, subpart A.
*
*
*
*
*
(g) * * *
(11) EFH. Measures implemented to
minimize adverse impacts to groundfish
EFH, as described in § 660.12 of this
subpart, do not apply to tribal fisheries
in their U&A fishing areas described at
§ 660.4, subpart A.
■ 6. In 660.112, revise paragraph (c)(2)
to read as follows:
§ 660.112
Trawl fishery—prohibitions.
*
*
*
*
*
(c) * * *
(2) During times or in areas where atsea processing is prohibited, take and
retain or receive Pacific whiting, except
as cargo or fish waste, on a vessel in the
fishery management area that already
has processed Pacific whiting on board.
An exception to this prohibition is
provided if the fish are received within
the tribal U&A fishing area, described at
§ 660.4, subpart A, from a member of a
Pacific Coast treaty Indian tribe fishing
under § 660.50, subpart C.
*
*
*
*
*
■ 7. In § 660.518, revise paragraphs (a)
and (b) to read as follows:
ehiers on DSK5VPTVN1PROD with RULES
§ 660.518
Rights.
Pacific Coast Treaty Indian
(a) Pacific Coast treaty Indian tribes
have treaty rights to harvest CPS in their
usual and accustomed fishing areas in
the EEZ.
(b) For the purposes of this section,
Pacific Coast treaty Indian tribes means
the Hoh, Makah, and Quileute Indian
Tribes and the Quinault Indian Nation,
and their ‘‘usual and accustomed fishing
areas’’ are described at § 660.4, subpart
A.
*
*
*
*
*
■ 8. In § 660.706, revise paragraphs (a),
(c), (d), (f) and (h) to read as follows:
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14:36 Jun 07, 2016
Jkt 238001
§ 660.706
rights.
Pacific Coast Treaty Indian
(a) Pacific Coast treaty Indian tribes
have treaty rights to harvest HMS in
their usual and accustomed (U&A)
fishing areas in the EEZ.
*
*
*
*
*
(c) The Pacific Coast treaty Indian
tribes’ U&A fishing areas within the EEZ
are set forth in § 660.4 of this chapter.
(d) Procedures. The rights referred to
in paragraph (a) of this section will be
implemented by the Secretary of
Commerce, after consideration of the
tribal request, the recommendation of
the Council, and the comments of the
public. The rights will be implemented
either through an allocation of fish that
will be managed by the tribes, or
through regulations that will apply
specifically to the tribal fisheries. An
allocation or a regulation specific to the
tribes shall be initiated by a written
request from a Pacific Coast treaty
Indian tribe to the NMFS West Coast
Regional Administrator, at least 120
days prior to the time the allocation is
desired to be effective, and will be
subject to public review through the
Council process. The Secretary of
Commerce recognizes the sovereign
status and co-manager role of Indian
tribes over shared Federal and tribal
fishery resources. Accordingly, the
Secretary of Commerce will develop
tribal allocations and regulations in
consultation with the affected tribe(s)
and, insofar as possible, with tribal
consensus.
*
*
*
*
*
(f) Fishing (on a tribal allocation or
under a Federal regulation applicable to
tribal fisheries) by a member of a Pacific
Coast treaty Indian tribe within that
tribe’s U&A fishing area is not subject to
provisions of the HMS regulations
applicable to non-treaty fisheries.
*
*
*
*
*
(h) Fishing by a member of a Pacific
Coast treaty Indian tribe outside that
tribe’s U&A fishing area, or for a species
of HMS not covered by a treaty
allocation or applicable Federal
regulation, is subject to the HMS
regulations applicable to non-treaty
fisheries.
[FR Doc. 2016–13469 Filed 6–7–16; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE667
Fisheries of the Exclusive Economic
Zone Off Alaska; Other Hook-and-Line
Fishery by Catcher Vessels in the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for groundfish, other than
demersal shelf rockfish or sablefish
managed under the Individual Fishing
Quota Program, by catcher vessels (C/
Vs) using hook-and-line gear in the Gulf
of Alaska (GOA). This action is
necessary because the Pacific halibut
bycatch allowance specified for the
other hook-and-line fishery by C/Vs in
the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), June 10, 2016, until
2400 hours A.l.t., December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
(Council) under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The Pacific halibut bycatch allowance
specified for the other hook-and-line
fishery by C/Vs in the GOA is 129
metric tons as established by the final
2016 and 2017 harvest specifications for
groundfish of the GOA (81 FR 14740,
March 18, 2016).
In accordance with § 679.21(d)(6)(ii),
the Administrator, Alaska Region,
NMFS, has determined that the Pacific
halibut bycatch allowance specified for
the other hook-and-line fishery by C/Vs
in the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for groundfish, other
than demersal shelf rockfish or sablefish
managed under the Individual Fishing
Quota Program, by C/Vs using hookSUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36806-36808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13469]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160303183-6183-01]
RIN 0648-BF58
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Tribal Usual and Accustomed Fishing Areas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements the decision in United States v.
Washington, 2:09-sp-00001-RSM, (W.D. Wash. Sept. 3, 2015) (Amended
Order Regarding Boundaries of Quinault & Quileute U&As), which set
forth certain boundaries of the usual and accustomed (U&A) fishing
areas in the Pacific Ocean of the Quileute Nation (Quileute) and
Quinault Indian Nation (Quinault). This action also includes related
changes to NMFS regulations to provide consistency for tribal U&A
fishing area boundaries across all fisheries managed by NMFS under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson
Act).
DATES: This final rule is effective June 8, 2016.
ADDRESSES: Information relevant to this final rule are available from
William W. Stelle, Jr., Regional Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070. Electronic
copies of this final rule are also available at the NMFS West Coast
Region Web site: https://www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147,
fax: 206-526-6736, or email: gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This rule is accessible via the Internet at the Office of the
Federal Register Web site at https://www.federalregister.gov.
Background information and documents are available at the NMFS West
Coast Region Web site at https://www.westcoast.fisheries.noaa.gov.
Background
The Magnuson Act requires that any fishery management plan approved
by the Secretary of Commerce and any implementing regulations be
consistent with all provisions of the Act and ``any other applicable
law.'' 16 U.S.C. 1854(b)(1). ``Other applicable law'' includes treaties
with northwest Indian tribes reserving ``the right of taking fish, at
all usual and accustomed grounds and stations.'' Washington State
Charterboat Association v. Baldrige, 702 F.2d 820, 823 (9th Cir. 1983).
For many years, NMFS has recognized that it must accommodate these
treaty fishing rights regardless of whether the details of those rights
have been judicially determined. In 1986, NMFS's regulations first
described ``treaty fishing areas'' of the Pacific Coast treaty Indian
tribes. 51 FR 16471 (May 2, 1986). For purposes of this rule, Pacific
Coast treaty Indian tribes means the Hoh, Makah, and Quileute Indian
Tribes and the Quinault Indian Nation. The boundary descriptions of
treaty fishing areas first applied only to the Pacific halibut fishery,
but in 1987 the same descriptions were adopted for the Pacific salmon
fishery. 52 FR 17264 (May 6, 1987). NMFS has consistently stated that
these boundaries were not intended to represent a formal determination
of the boundaries of treaty fishing areas, and that they are subject to
change as necessary to comport with future court orders.
In 1996, NMFS issued a final rule amending its regulations managing
West Coast groundfish fisheries and describing the physical boundaries
of Pacific Coast treaty Indian tribes' usual and accustomed (U&A)
fishing areas. This rule described the same areas that had previously
been set forth in NMFS regulations. In promulgating the rule, NMFS
explained that:
Under this rule, NMFS recognizes the same U&A areas that have
been implemented in Federal salmon and halibut regulations for a
number of years. The States and the Quileute tribe point out that
the western boundary has only been adjudicated for the Makah tribe.
NMFS agrees. NMFS, however, in establishing ocean management areas,
has taken the adjudicated western boundary for the Makah tribe, and
extended it south as the western boundary for the other three ocean
tribes. NMFS believes this is a reasonable accommodation of the
tribal fishing rights, absent more specific guidance from a court.
NMFS regulations, including this regulation, contain the notation
that the boundaries of the U&A may be revised by order of the court.
61 FR 28786, 28789 (June 6, 1996)
Subsequently, NMFS promulgated regulations to describe the same U&A
fishing area boundaries in its regulations for coastal pelagic species
and highly migratory species. 66 FR 44986 (August 27, 2001) (coastal
pelagic species); 68 FR 68834 (December 10, 2003) (highly migratory
species). The same boundaries are also codified in the regulations
governing Pacific halibut fisheries. 50 CFR 300.64. Regulations
governing Pacific salmon fisheries are not codified, but also use the
same boundaries when issued on a yearly basis. See, e.g., 81 FR 26157
(May 2, 2016).
Newly Adjudicated Boundaries of Pacific Coast Treaty Tribes' U&A
Fishing Areas
On August 27, 2015, the United States District Court for the
Western District of Washington set forth the boundaries of the U&A
fishing areas for the Quileute and the Quinault. United States v.
Washington, 2:09-sp-00001-RSM, (W.D. Wash. Aug. 27, 2015) (Order
Regarding Boundaries of Quinault & Quileute U&As). That order was
amended on September 3, 2015. United States v. Washington, 2:09-sp-
00001-RSM, (W.D. Wash. Sept. 3, 2015) (Amended Order Regarding
Boundaries of Quinault & Quileute U&As). This
[[Page 36807]]
rulemaking implements the September 3 Amended Order. These newly
adjudicated boundaries differed in some respects from the boundaries
that NMFS adopted in the 1996 regulations. Specifically, the
adjudicated northern boundary of the Quileute's U&A fishing area and
the western boundary of the Quinault's U&A fishing area differ from the
1996 regulations. Accordingly, NMFS now revises the latitude and
longitude coordinates describing the tribes' U&A fishing areas,
consistent with the September 3, 2015, court order. Other boundaries,
and their supporting rationale as described in the June 6, 1996, rule
(61 FR 28789) are not affected by this rulemaking.
Technical Revisions
The Pacific Coast treaty Indian tribal U&A fishing areas are
referenced in several places within title 50, part 660. To reduce
duplicative regulations and ensure consistency within title 50, part
660, regulations describing the Pacific Coast treaty Indian tribes' U&A
fishing areas are consolidated and moved to Sec. 660.4, subpart A.
Cross-references to Pacific coast treaty tribes' U&A fishing areas
throughout title 50, part 660 are updated. Minor changes to regulations
are made to consistently refer to ``U&A fishing areas'' rather than
``U&As.''
Minor changes are also made to consistently refer to the tribes'
U&A fishing areas ``within the EEZ.'' Regulations at Sec. 660.50(c)
previously described tribal U&A fishing areas as ``within the fishery
management area.'' ``Fishery management area'' is defined slightly
differently in the various parts and subparts within title 50, part
660, and include additional details that do not apply for the purpose
of describing U&A fishing areas. The term ``fishery management area''
as it relates to Pacific Coast treaty Indian tribes' U&A fishing areas
is therefore replaced with the term EEZ, which is defined at Sec.
600.10.
All of the minor regulatory changes described in ``Technical
Revisions'' are non-substantive, and intended to reduce duplicative
regulations and bring consistency among the parts and subparts in title
50, part 660, regarding Pacific coast treaty Indian tribes' U&A fishing
areas.
Classification
The Administrator, West Coast Region, NMFS, determined that the
minor regulatory amendments associated with the Court-ordered changes
to tribal U&A fishing areas, which this final rule implements, are
necessary for conservation and management and are consistent with the
Magnuson Act and other applicable laws.
NMFS finds good cause to waive prior public notice and comment on
the revisions to regulations in this final rule under 5 U.S.C.
553(b)(3)(B) because notice and comment would be impracticable and
contrary to the public interest. Affording the time necessary for
notice and comment rulemaking for these changes to regulations is
impracticable and contrary to the public interest because the district
court has issued its final judgment and the boundaries adjudicated by
the court are controlling. NMFS's regulations must be modified
consistent with the court order as quickly as possible to bring them
into compliance with the legal requirements. It is further necessary to
act quickly to modify the tribal U&A fishing area boundaries and to
make related, minor technical corrections in title 50, part 660, to
prevent the confusion that arises out of conflicting boundaries, which
adds complexity to the management regime and creates problems for state
and Federal management and enforcement. Furthermore, NMFS is not
exercising any discretion in issuing this rule, but only making the
changes necessary to comply with the court order. For the same reasons,
NMFS also finds good cause to waive the 30-day delay in effectiveness.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The regulations at Sec. 660.50(d) state treaty rights ``will be
implemented by the Secretary'' and regulations will be developed in
consultation with the affected tribe(s). The minor regulatory
amendments associated with the Court-ordered changes to tribal U&A
fishing areas in this final rule have been developed following these
procedures.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: June 2, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. A new Sec. 660.4 is added to subpart A to read as follows:
Sec. 660.4 Usual and accustomed fishing areas for Pacific Coast
treaty Indian tribes.
(a) The Pacific Coast treaty Indian tribes' usual and accustomed
(U&A) fishing areas within the EEZ are set out below in paragraphs
(a)(1) through (a)(4) of this section. Boundaries of a tribe's fishing
area may be revised as ordered by a Federal court.
(1) Makah. The area north of 48[deg]02.25' N. lat. (Norwegian
Memorial) and east of 125[deg]44' W. long.
(2) Quileute. The area between 48[deg]10.00' N. lat. (Cape Alava)
and 47[deg]31.70' N. lat. (Queets River) and east of 125[deg]44.00' W.
long.
(3) Hoh. The area between 47[deg]54.30' N. lat. (Quillayute River)
and 47[deg]21.00' N. lat. (Quinault River) and east of 125[deg]44.00'
W. long.
(4) Quinault. The area between 47[deg]40.10' N. lat. (Destruction
Island) and 46[deg]53.30' N. lat. (Point Chehalis) and east of
125[deg]08.50' W. long.
(b) [Reserved]
0
3. In Sec. 660.11, add a new definition for ``Usual and accustomed
fishing areas'' in alphabetical order to read as follows:
Sec. 660.11 General definitions.
* * * * *
Usual and accustomed fishing areas or U&A fishing areas for Pacific
Coast treaty Indian tribes, occurring within the EEZ, are described at
Sec. 660.4, subpart A.
* * * * *
0
4. In Sec. 660.12, revise paragraph (a)(14) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(14) During times or in areas where at-sea processing is
prohibited, take and retain or receive Pacific whiting, except as cargo
or fish waste, on a vessel in the fishery management area that already
has processed Pacific whiting on board. An exception to this
prohibition is provided if the fish are received within the tribal U&A
fishing area, described at Sec. 660.4, subpart A, from a member of a
Pacific Coast treaty Indian tribe fishing under Sec. 660.50, subpart
C.
* * * * *
0
5. In Sec. 660.50, revise paragraphs (b), (c), (e)(4), and (g)(11) to
read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(b) Pacific Coast treaty Indian tribes. For the purposes of this
part, Pacific Coast treaty Indian tribes means the Hoh Indian Tribe,
Makah Indian Tribe, Quileute Indian Tribe and the Quinault Indian
Nation.
[[Page 36808]]
(c) Usual and accustomed fishing areas or U&A fishing areas. The
Pacific Coast treaty Indian tribes' U&A fishing areas within the EEZ
are set out in Sec. 660.4.
* * * * *
(e) * * *
(4) Fishing outside the U&A fishing area or without a groundfish
allocation. Fishing by a member of a Pacific Coast treaty Indian tribe
outside the applicable Indian tribe's U&A fishing area, or for a
species of groundfish not covered by an allocation, set-aside, or
regulation under this section, is subject to the regulations in the
other sections of subpart C through subpart G of this part. Treaty
fisheries operating within tribal allocations are prohibited from
operating outside the U&A fishing areas described at Sec. 660.4,
subpart A.
* * * * *
(g) * * *
(11) EFH. Measures implemented to minimize adverse impacts to
groundfish EFH, as described in Sec. 660.12 of this subpart, do not
apply to tribal fisheries in their U&A fishing areas described at Sec.
660.4, subpart A.
0
6. In 660.112, revise paragraph (c)(2) to read as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(c) * * *
(2) During times or in areas where at-sea processing is prohibited,
take and retain or receive Pacific whiting, except as cargo or fish
waste, on a vessel in the fishery management area that already has
processed Pacific whiting on board. An exception to this prohibition is
provided if the fish are received within the tribal U&A fishing area,
described at Sec. 660.4, subpart A, from a member of a Pacific Coast
treaty Indian tribe fishing under Sec. 660.50, subpart C.
* * * * *
0
7. In Sec. 660.518, revise paragraphs (a) and (b) to read as follows:
Sec. 660.518 Pacific Coast Treaty Indian Rights.
(a) Pacific Coast treaty Indian tribes have treaty rights to
harvest CPS in their usual and accustomed fishing areas in the EEZ.
(b) For the purposes of this section, Pacific Coast treaty Indian
tribes means the Hoh, Makah, and Quileute Indian Tribes and the
Quinault Indian Nation, and their ``usual and accustomed fishing
areas'' are described at Sec. 660.4, subpart A.
* * * * *
0
8. In Sec. 660.706, revise paragraphs (a), (c), (d), (f) and (h) to
read as follows:
Sec. 660.706 Pacific Coast Treaty Indian rights.
(a) Pacific Coast treaty Indian tribes have treaty rights to
harvest HMS in their usual and accustomed (U&A) fishing areas in the
EEZ.
* * * * *
(c) The Pacific Coast treaty Indian tribes' U&A fishing areas
within the EEZ are set forth in Sec. 660.4 of this chapter.
(d) Procedures. The rights referred to in paragraph (a) of this
section will be implemented by the Secretary of Commerce, after
consideration of the tribal request, the recommendation of the Council,
and the comments of the public. The rights will be implemented either
through an allocation of fish that will be managed by the tribes, or
through regulations that will apply specifically to the tribal
fisheries. An allocation or a regulation specific to the tribes shall
be initiated by a written request from a Pacific Coast treaty Indian
tribe to the NMFS West Coast Regional Administrator, at least 120 days
prior to the time the allocation is desired to be effective, and will
be subject to public review through the Council process. The Secretary
of Commerce recognizes the sovereign status and co-manager role of
Indian tribes over shared Federal and tribal fishery resources.
Accordingly, the Secretary of Commerce will develop tribal allocations
and regulations in consultation with the affected tribe(s) and, insofar
as possible, with tribal consensus.
* * * * *
(f) Fishing (on a tribal allocation or under a Federal regulation
applicable to tribal fisheries) by a member of a Pacific Coast treaty
Indian tribe within that tribe's U&A fishing area is not subject to
provisions of the HMS regulations applicable to non-treaty fisheries.
* * * * *
(h) Fishing by a member of a Pacific Coast treaty Indian tribe
outside that tribe's U&A fishing area, or for a species of HMS not
covered by a treaty allocation or applicable Federal regulation, is
subject to the HMS regulations applicable to non-treaty fisheries.
[FR Doc. 2016-13469 Filed 6-7-16; 8:45 am]
BILLING CODE 3510-22-P
