USA, et al v. State of Washington, et al
ORDER REGARDING 2017 OPENING HALIBUT SUB-FISHERY by Judge Ricardo S Martinez. (RS)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA, et al.,
Case No. C70-9213RSM
Subproceeding No. 91-1
ORDER REGARDING 2017 OPENING
STATE OF WASHINGTON, et al.,
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
Order, the Tribes engaged in a technical review process by the Fisheries Advisory Board
(“FAB”) pursuant to Section 6(n) of the management measures. See Subproceeding 91-1, Dkts.
#292, Ex. B, #439, #440, and #442.2 The participating Tribes included: Quileute, Quinault,
Makah, Lower Elwha S’Klallam, Jamestown S’Klallam, Port Gamble S’Klallam, Suquamish,
Swinomish, Tulalip, Lummi, Nooksack, Skokomish, and the Hoh Tribe. Representatives from
the Point No Point Treaty Council (“PNPTC”) also participated.
C70-9213RSM, Dkt. #21407.
All remaining citations refer to those documents filed in Subproceeding 91-1.
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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
Swinomish, Jamestown S’Klallam, Port Gamble S’Klallam, Quileute,
Nooksack, Skokomish and Hoh
Makah and Lummi
Dr. Horton did not report any specific preference by the Tulalip Tribe.
convening the FAB, the Tribes were able to come to an agreed range of 37 to 40 hours. Dr.
Horton reports that most Tribes favor the 37-hour option because it has been predicted by the
PNPTC model to be the most likely to achieve the 46.5% harvest of the Total Allowable Catch
permitted by the International Pacific Halibut Commission without causing over-harvest of
halibut. Dr. Horton further reports that there is a concern by the Tribes about a predicted high
tide series on March 11, 2017, which is reportedly higher than normal, and has not been
accounted for in the PNPTC model.
Having reviewed the Report and Recommendation submitted in writing to the Court by
Dr. Horton, the Court now hereby finds and ORDERS that the opening sub-fishery shall last for
39 hours, starting on Saturday, March 11, 2017. The Court finds that this amount of time
fairly balances the weather and tidal concerns of the various Tribes.
DATED this 2nd day of March 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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