Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Tribal Usual and Accustomed Fishing Areas, 53827-53828 [2018-23290]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53827-53828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 180531512-8512-01]
RIN 0648-BH97


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.

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SUMMARY: This final rule implements the decision in United States v. 
Washington, 2:09-sp-00001-RSM, (W.D. Wash. March 5, 2018) (Order 
Regarding Boundaries of Quinault and Quileute U&As), which revised the 
western boundaries of the usual and accustomed (U&A) fishing areas of 
the Quileute Indian Tribe and Quinault Indian Nation.

DATES: This final rule is effective October 25, 2018.

ADDRESSES: Information relevant to this final rule is available from 
Aja Szumylo, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, 
WA 98115-0070.

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register website at https://www.federalregister.gov. Background 
information and documents are available at the NMFS West Coast Region 
website at https://www.westcoast.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858, 
fax: 503-231-6893, or email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Regulations at 50 CFR 660.4 describe the usual and accustomed 
fishing areas of Indian tribes with treaty fishing rights to species 
managed under the Magnuson-Stevens Fisheries Conservation and 
Management Act (Magnuson-Stevens Act). Those regulations explain that 
boundaries of a tribe's fishing area may be revised as

[[Page 53828]]

ordered by a Federal Court. 50 CFR 660.4(a).
    On March 5, 2018, the United States District Court for the Western 
District of Washington revised the western boundaries of the U&A 
fishing areas for the Quileute Indian Tribe and the Quinault Indian 
Nation. United States v. Washington, 2:09-sp-00001-RSM, (W.D. Wash. 
March 5, 2018) (Order Regarding Boundaries of Quinault and Quileute 
U&As). These revised boundaries mirror the coast of the Washington 
shoreline at a distance of 40 miles for the Quileute Indian Tribe and 
30 miles for the Quinault Indian Nation. Other boundaries and their 
supporting rationale described in previous rulemakings on the U&A 
fishing areas are not affected by this rulemaking.

Classification

    The Regional Administrator, West Coast Region, NMFS, determined 
that the 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-Stevens 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)(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 U.S. 
District Court has issued its final judgment and the boundaries 
adjudicated by the court are controlling. NMFS 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 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 under 5 U.S.C. 553(d)(3).
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This final rule is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This final rule does not contain policies with federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: October 19, 2018.
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. In Sec.  660.4, revise paragraphs (a)(2) and (4) to read as follows:


Sec.  660.4  Usual and accustomed fishing areas for Pacific Coast 
treaty Indian tribes.

    (a) * * *
    (2) Quileute. The area commencing at Cape Alava, located at 
48[deg]10'00'' N lat., 124[deg]43'56.9'' W long.; then proceeding west 
approximately forty nautical miles at that latitude to a northwestern 
point located at 48[deg]10'00'' N lat., 125[deg]44'00'' W long.; then 
proceeding in a southeasterly direction mirroring the coastline at a 
distance no farther than forty nautical miles from the mainland Pacific 
coast shoreline at any line of latitude, to a southwestern point at 
47[deg]31'42'' N lat., 125[deg]20'26'' W long.; then proceeding east 
along that line of latitude to the Pacific coast shoreline at 
47[deg]31'42'' N lat., 124[deg]21'9.0'' W long.
* * * * *
    (4) Quinault. The area commencing at the Pacific coast shoreline 
near Destruction Island, located at 47[deg]40'06'' N lat., 
124[deg]23'51.362'' W long.; then proceeding west approximately thirty 
nautical miles at that latitude to a northwestern point located at 
47[deg]40'06'' N lat., 125[deg]08'30'' W long.; then proceeding in a 
southeasterly direction mirroring the coastline no farther than thirty 
nautical miles from the mainland Pacific coast shoreline at any line of 
latitude, to a southwestern point at 46[deg]53'18'' N lat., 
124[deg]53'53'' W long.; then proceeding east along that line of 
latitude to the Pacific coast shoreline at 46[deg]53'18'' N lat., 
124[deg]7'36.6'' W long.
* * * * *

[FR Doc. 2018-23290 Filed 10-24-18; 8:45 am]
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