660.385—Washington coastal tribal fisheries management measures.

In 1994, the United States formally recognized that the four Washington coastal treaty Indian tribes (Makah, Quileute, Hoh, and Quinault) have treaty rights to fish for groundfish in the Pacific Ocean, and concluded that, in general terms, the quantification of those rights is 50 percent of the harvestable surplus of groundfish that pass through the tribes usual and accustomed fishing areas (described at § 660.324 ). Measures implemented to minimize adverse impacts to groundfish EFH, as described in § 660.306, do not apply to tribal fisheries in their usual and accustomed fishing areas (described in § 660.324 ). Treaty fisheries operating within tribal allocations are prohibited from operating outside ususal and accustomed fishing areas. Tribal fishery allocations for sablefish and whiting, are provided in paragraphs (a) and (e) of this section, respectively, and the tribal harvest guideline for black rockfish is provided in paragraph (b)(1) of this section. Trip limits for certain species were recommended by the tribes and the Council and are specified here with the tribal allocations.
(1) Small and large footrope trawl gear-17,000 lb (7,711-kg) per 2 months.
(2) Selective flatfish trawl gear- 3,000-lb (1,361-kg) per 2 months.
(3) Multiple bottom trawl gear- 3,000-lb (1,361-kg) per 2 months.
(1) Small and large footrope trawl gear- 22,000-lb (9,979-kg) per 2 months.
(2) Selective flatfish trawl gear-5,000-lb (2,268-kg) per 2 months.
(3) Multiple bottom trawl gear-5,000-lb (2,268-kg) per 2 months.
[69 FR 77041, Dec. 23, 2004, as amended at 70 FR 22812, May 3, 2005; 71 FR 8498, Feb. 17, 2006; 71 FR 27415, May 11, 2006; 71 FR 37844, July 3, 2006; 71 FR 78663, Dec. 29, 2006; 72 FR 53167, Sept. 18, 2007; 72 FR 71589, Dec. 18, 2007; 73 FR 26329, May 9, 2008; 74 FR 9893, Mar. 6, 2009; 75 FR 8825, Feb. 26, 2010; 75 FR 23626, May 4, 2010]