Rule2024-16010
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Tribal Usual and Accustomed Fishing Areas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 23, 2024
Effective
July 23, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements the order in United States v. Washington that sets forth updated boundaries of the usual and accustomed (U&A) fishing areas of the Hoh Indian Tribe in the Pacific Ocean.
Full Text
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<title>Federal Register, Volume 89 Issue 141 (Tuesday, July 23, 2024)</title>
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[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59676-59678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16010]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 660
[Docket No. 240716-0196]
RIN 0648-BN09
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 order in United States v.
Washington that sets forth updated boundaries of the usual and
accustomed (U&A) fishing areas of the Hoh Indian Tribe in the Pacific
Ocean.
DATES: This final rule is effective July 23, 2024.
ADDRESSES:
Electronic Access--Information relevant to this final rule is
accessible via the internet at the NMFS West Coast Region website at:
<a href="https://www.fisheries.noaa.gov/west-coast">https://www.fisheries.noaa.gov/west-coast</a>.
FOR FURTHER INFORMATION CONTACT: Megan Mackey, phone: 206-526-6140, or
email: <a href="/cdn-cgi/l/email-protection#eb868e8c8a85c5868a88808e92ab85848a8ac58c849d"><span class="__cf_email__" data-cfemail="b2dfd7d5d3dc9cdfd3d1d9d7cbf2dcddd3d39cd5ddc4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Regulations at 50 CFR 660.4 describe the U&A fishing areas of
Indian Tribes with treaty fishing rights to species managed under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the Northern Pacific Halibut Act of 1982 (Halibut Act,
16 U.S.C. 773c). Those regulations explain that the boundaries of a
Tribe's fishing area may be revised as ordered by a Federal court. 50
CFR 660.4(a) and 50 CFR 300.64(i).
Court Order
On November 16, 2023, the United States District Court for the
Western District of Washington issued an order setting forth updated
boundaries of the U&A fishing area of the Hoh Indian Tribe in the
Pacific Ocean, based on a stipulation between the parties. United
States v. Washington, C70-9213 RSM (W.D. Wash. Nov. 16, 2023)
(Stipulation and Order Regarding Boundaries of Hoh Indian Tribe U&A).
This action adjusts the boundary regulations at 50 CFR 660.4(a)(3) for
fisheries managed under the Magnuson-Stevens Act and the regulations at
50 CFR 300.64(i) for
[[Page 59677]]
fisheries managed under the Halibut Act to make them consistent with
the court's order. The boundaries for fishing areas for the Tribes with
treaty fishing rights in the EEZ must be consistent with Federal court
orders describing these areas. Other boundaries and their supporting
rationales described in previous rulemakings on other U&A fishing areas
are not affected by this rulemaking.
The revised boundaries for the Hoh Indian Tribe U&A are as follows:
A polygon commencing at the Pacific coast shoreline near the mouth of
the Quillayute River, located at latitude 47[deg]54'30'' north,
longitude 124[deg]38'31'' west; then proceeding west approximately
forty nautical miles at that latitude to a northwestern point located
at latitude 47[deg]54'30'' north, longitude 125[deg]38'18'' west; then
proceeding in a southeasterly direction mirroring the coastline at a
distance no farther than forty nautical miles from the mainland Pacific
coast shoreline, to a point located at latitude 47[deg]31'42'' north,
longitude 125[deg]20'26'' west, then proceeding east along that line of
latitude approximately ten nautical miles to a point located at
latitude 47[deg]31'42'' north, longitude 125[deg]5'48'' west, then
proceeding in a southeasterly direction mirroring the coastline at a
distance no farther than 30 nautical miles from the mainland Pacific
coast shoreline to a point located at latitude 47[deg]21'00'' north,
longitude 125[deg]2'52'' west; then proceeding east along that line of
latitude to the Pacific coast shoreline near the mouth of the Quinault
River, located at latitude 47[deg]21'00'' north, longitude
124[deg]18'8'' west.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act and Section
5 of the Halibut Act, the NMFS Assistant Administrator has 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 Pacific Coast Groundfish Fishery Management Plan, the Magnuson-
Stevens Act, the Halibut 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(d)(3) because affording the time necessary for notice and comment
rulemaking for these changes would be impracticable and contrary to the
public interest. 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 confusion arising out
of conflicting statements in the regulations and stipulation, which
adds complexity to the management regime and could create problems for
Tribal, 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 (E.O.) 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 contains no information collection requirements
under the Paperwork Reduction Act of 1995.
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
50 CFR Part 300
Fish, Fisheries, Fishing, Fishing vessels.
50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: July 16, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 300 and 660
are amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The Authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.64, amend table 1 to Paragraph (i) by revising the
entry for ``HOH'' to read as follows:
Sec. 300.64 Fishing by U.S. treaty Indian tribes.
* * * * *
(i) * * *
Table 1 to Paragraph (i)
------------------------------------------------------------------------
Tribe Boundaries
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HOH......................... A polygon commencing at the Pacific coast
shoreline near the mouth of the
Quillayute River, located at latitude
47[deg]54'30'' north, longitude
124[deg]38'31'' west; then proceeding
west approximately forty nautical miles
at that latitude to a northwestern point
located at latitude 47[deg]54'30'' north,
longitude 125[deg]38'18'' west; then
proceeding in a southeasterly direction
mirroring the coastline at a distance no
farther than forty nautical miles from
the mainland Pacific coast shoreline, to
a point located at latitude
47[deg]31'42'' north, longitude
125[deg]20'26'' west, then proceeding
east along that line of latitude
approximately ten nautical miles to a
point located at latitude 47[deg]31'42''
north, longitude 125[deg]5'48'' west,
then proceeding in a southeasterly
direction mirroring the coastline at a
distance no farther than thirty nautical
miles from the mainland Pacific coast
shoreline to a point located at latitude
47[deg]21'00'' north, longitude
125[deg]2'52'' west; then proceeding east
along that line of latitude to the
Pacific coast shoreline near the mouth of
the Quinault River, located at latitude
47[deg]21'00'' north, longitude
124[deg]18'8'' west.
* * * * * * *
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[[Page 59678]]
PART 660--FISHERIES OFF WEST COAST STATES
0
3. 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
4. In Sec. 660.4, revise paragraph (a)(3) to read as follows:
Sec. 660.4 Usual and accustomed fishing areas for Pacific Coast
treaty Indian tribes.
(a) * * *
(3) Hoh. A polygon commencing at the Pacific coast shoreline near
the mouth of the Quillayute River, located at latitude 47[deg]54'30''
north, longitude 124[deg]38'31'' west; then proceeding west
approximately forty nautical miles at that latitude to a northwestern
point located at latitude 47[deg]54'30'' north, longitude
125[deg]38'18'' west; then proceeding in a southeasterly direction
mirroring the coastline at a distance no farther than forty nautical
miles from the mainland Pacific coast shoreline, to a point located at
latitude 47[deg]31'42'' north, longitude 125[deg]20'26'' west, then
proceeding east along that line of latitude approximately ten nautical
miles to a point located at latitude 47[deg]31'42'' north, longitude
125[deg]5'48'' west, then proceeding in a southeasterly direction
mirroring the coastline at a distance no farther than thirty nautical
miles from the mainland Pacific coast shoreline to a point located at
latitude 47[deg]21'00'' north, longitude 125[deg]2'52'' west; then
proceeding east along that line of latitude to the Pacific coast
shoreline near the mouth of the Quinault River, located at latitude
47[deg]21'00'' north, longitude 124[deg]18'8'' west.
* * * * *
[FR Doc. 2024-16010 Filed 7-22-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 23, 2024.
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