USA, et al v. State of Washington, et al

Filing 21409

ORDER REGARDING 2017 OPENING HALIBUT SUB-FISHERY by Judge Ricardo S Martinez. (RS)

1
2
3
4
5

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

UNITED STATES OF AMERICA, et al.,

Case No. C70-9213RSM

9

Plaintiffs,

Subproceeding No. 91-1

10

12

ORDER REGARDING 2017 OPENING
HALIBUT SUB-FISHERY

v.

11

STATE OF WASHINGTON, et al.,

13

Defendants.

14
15
16
17

THIS MATTER comes before the Court on the Quileute Indian Tribe’s Notice of InSeason Dispute pertaining to the 2017 opening sub-fishery in the tribal halibut fishery,
scheduled for March 11, 2017. Subproceeding 91-1, Dkt. #457.1 Prior to seeking a Court

18
19

Order, the Tribes engaged in a technical review process by the Fisheries Advisory Board

20

(“FAB”) pursuant to Section 6(n) of the management measures. See Subproceeding 91-1, Dkts.

21

#292, Ex. B, #439, #440, and #442.2 The participating Tribes included: Quileute, Quinault,

22

Makah, Lower Elwha S’Klallam, Jamestown S’Klallam, Port Gamble S’Klallam, Suquamish,

23

Swinomish, Tulalip, Lummi, Nooksack, Skokomish, and the Hoh Tribe. Representatives from
24
25

the Point No Point Treaty Council (“PNPTC”) also participated.

26
27
1

28

2

C70-9213RSM, Dkt. #21407.
All remaining citations refer to those documents filed in Subproceeding 91-1.

ORDER
PAGE - 1

1
2
3
4

According to the report of FAB Chairman Dr. Howard F. Horton, prior to the FAB, the
Tribes’ positions with respect to the length of the fishery were as follows:
36-37 hours: Lower Elwha Klallam
37 hours:

Swinomish, Jamestown S’Klallam, Port Gamble S’Klallam, Quileute,

5

Nooksack, Skokomish and Hoh
6
7
8
9
10

40 hours:

Quinault

48 hours:

Makah and Lummi

Dr. Horton did not report any specific preference by the Tulalip Tribe.

However, after

convening the FAB, the Tribes were able to come to an agreed range of 37 to 40 hours. Dr.

11

Horton reports that most Tribes favor the 37-hour option because it has been predicted by the
12
13

PNPTC model to be the most likely to achieve the 46.5% harvest of the Total Allowable Catch

14

permitted by the International Pacific Halibut Commission without causing over-harvest of

15

halibut. Dr. Horton further reports that there is a concern by the Tribes about a predicted high

16

tide series on March 11, 2017, which is reportedly higher than normal, and has not been
17
18

accounted for in the PNPTC model.

19

Having reviewed the Report and Recommendation submitted in writing to the Court by

20

Dr. Horton, the Court now hereby finds and ORDERS that the opening sub-fishery shall last for

21

39 hours, starting on Saturday, March 11, 2017. The Court finds that this amount of time

22

fairly balances the weather and tidal concerns of the various Tribes.
23
24

DATED this 2nd day of March 2017.

25

A

26
27

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

28

ORDER
PAGE - 2