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

Filing 21454

ORDER REGARDING 2017 HALIBUT UNRESTRICTED SUB-FISHERY regarding subproceeding 91-1 by Judge Ricardo S Martinez. (RS)

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

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UNITED STATES OF AMERICA, et al.,

Case No. C70-9213RSM

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Plaintiffs,

Subproceeding No. 91-1

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ORDER REGARDING 2017 HALIBUT
UNRESTRICTED SUB-FISHERY

v.

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STATE OF WASHINGTON, et al.,

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Defendants.

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THIS MATTER initially came before the Court on the Quileute Indian Tribe’s Motion

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for Temporary Restraining Order. Subproceeding 91-1, Dkt. #461.1 Quileute sought an Order

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from the Court restraining the Tribes in this subproceeding from conducting the first sub20
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fishery in the tribal halibut fishery until authorized by the tribal halibut management plan. Id.

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The Court granted the motion, and directed all Inside Tribes to cease halibut fishing no later

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than 6:00 p.m. on Monday, March 20, 2017. Dkt. #481. The Court further directed any Tribe

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that had engaged in such fishing to report its catch, and ordered the Quileute to submit a

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proposed plan for the initial unrestricted halibut fishery to the Court. Id.
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C70-9213RSM, Dkt. #21421. All remaining citations refer to those documents filed in
Subproceeding 91-1.
ORDER
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The Inside Tribes have since reported their initial catches. Dkts. #481, #482, #484,

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#485, #486, #489, #490, and #492. The total reported catch to date is 32,602 pounds of halibut.

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Quileute has submitted a proposed order on behalf of the Coastal Tribes regarding the

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initial unrestricted halibut fishery. Dkt. #487. The Coastal Tribes propose that the fishery

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begin on Wednesday, March 29, 2017, at 7:00 a.m. Id. The Coastal Tribes further propose that
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they fish for 39 hours and that the Inside Tribes fish for only 11.5 hours. Id. The Coastal

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Tribes assert that this plan sanctions the Inside Tribes for violating the halibut management

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plan, and will ultimately increase the pounds available for fishing in the Late Season Sub-

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Fishery, which will allow all tribes to harvest those pounds at that time. Id. The Inside Tribes

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oppose the plan. Dkts. #491, #493, #494 and #495. The Inside Tribes note that they have
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already lost time and money due to the temporary restraining order, and that the proposed plan

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is nonsensical given that the Tribes fish in entirely different fishing grounds. Id. They further

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note that the lost revenue will not fully be recovered even if the Inside Tribes are allowed to

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fish for their remaining 28 hours of the unrestricted fishery. Dkt. #493.
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The Court has reviewed the Coastal Tribes’ proposed plan, along with the Inside Tribes’

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objections, and the remainder of the record. For the reasons set forth by the Inside Tribes, the

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Court rejects the Coastal Tribes’ plan for the remaining fishery hours, and instead hereby

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ORDERS:

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1. The Initial Unrestricted Halibut Sub-Fishery shall commence at 7:00 a.m. on
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Wednesday, March 29, 2017, unless, in accordance with Management Measure

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6.a and the 2011 Treaty Halibut Fishery Coastal Weather Criteria as interpreted by

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the Court in its March 20, 2017, oral ruling and March 21, 2017, Order (Dkt. #481),

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the subfishery is deferred automatically for one or more 24-hour period(s) because

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ORDER
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the wind and wave weather criteria are met, or the four Coastal Tribes unanimously

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agree to delay the unrestricted subfishery due to weather concerns and so inform the

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Inside Tribes. If either of those delays occurs, then the unrestricted subfishery will

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begin at 7:00 a.m. on the first day after March 29, 2017 when neither of these delays

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occur.
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2. The Coastal Tribes shall fish no longer than the 39 hours that this Court initially

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scheduled as the duration for this fishery. The Inside Tribes shall fish no longer

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than their remaining 28 hours of this fishery.

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3. Pursuant to Management Measure 6(k), all Tribes shall report their catches from the

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unrestricted halibut sub-fisheries in Sections 2 and 3 within 24 hours of their
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respective closures of such fisheries.

Pursuant to Management Measure 6(f),

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following the closure of the Coastal Tribes’ initial unrestricted halibut sub-fishery,

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there shall be a 48-hour reporting period so that that the Parties can complete catch

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data collection, report the data and consider such information in managing the
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remaining sub-fisheries.

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4. The remaining sub-fisheries shall not begin until after the period specified in

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Section 4, and shall otherwise be conducted in accordance with the terms of the

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tribal halibut management plan.

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5. Beginning June 1, 2017, this matter will be referred to U.S. Magistrate Judge Brian
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Tsuchida to continue the settlement conference of January 3, 2017. The halibut

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tribes shall work collectively to improve the halibut management plan, including

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addressing the issues identified in the Court’s March 21, 2017 Order. The parties

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will make best efforts to address these issues prior to the 2018 halibut season.

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ORDER
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DATED this 27 day of March, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER
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