[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 [www.gpo.gov]
[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: 
https://www.fisheries.noaa.gov/west-coast.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, phone: 206-526-6140, or 
email: [email protected].

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
------------------------------------------------------------------------
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.
 
                              * * * * * * *
------------------------------------------------------------------------


[[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