[Code of Federal Regulations] [Title 50, Volume 9] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR660.385] [Page 72-73] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE (CONTINUED) PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents Subpart G_West Coast Groundfish Fisheries Sec. 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 Sec. 660.324). Measures implemented to minimize adverse impacts to groundfish EFH, as described in Sec. 660.306, do not apply to tribal fisheries in their usual and accustomed fishing areas (described in Sec. 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. (a) Sablefish. In 2005, the tribal allocation is 731.4 mt and in 2006 the tribal allocation is 719.4 mt. These allocations are, for each year, 10 percent of the total catch OY, less 2.3 percent estimated discard mortality. (b) Rockfish. (1) For the commercial harvest of black rockfish off Washington State, a harvest guideline of: 20,000 lb (9,072 kg) north of Cape Alava, WA (48[deg]09[min]30[sec] N. lat.) and 10,000 lb (4,536 kg) between Destruction Island, WA (47[deg]40[min]00[sec] N. lat.) and Leadbetter Point, WA (46[deg]38[min]10[sec] N. lat.). There are no tribal harvest restrictions for the area between Cape Alava and Destruction Island. (2) The tribe will manage their fisheries so that fishermen are either subject to a 300-lb (136-kg) trip limit for thornyheads or subject to the limited entry trip limits for thornyheads. (3) Canary rockfish are subject to a 300-lb (136-kg) trip limit. (4) Yelloweye rockfish are subject to a 100-lb (45-kg) trip limit. (5) The Makah Tribe will manage the midwater trawl fisheries as follows: yellowtail rockfish taken in the directed tribal mid-water trawl fisheries are subject to a cumulative limit of 180,000 lb (81,647 kg) per 2-month period for the entire fleet. Landings of widow rockfish must not exceed 10 percent of the weight of yellowtail rockfish landed in any two-month period. These limits may be adjusted by the tribe inseason to minimize the incidental catch of canary rockfish and widow rockfish. (6) Other rockfish, including minor nearshore, minor shelf, and minor slope rockfish groups are subject to a 300-lb (136-kg) trip limit per species or species group, or to the non-tribal limited entry trip limit for those species if [[Page 73]] those limits are less restrictive than 300 lb (136 kg) per trip. (7) Rockfish taken during open competition tribal commercial fisheries for Pacific halibut will not be subject to trip limits. (c) Lingcod. Lingcod are subject to a 600 lb (272 kg) daily trip limit and a 1,800 lb (816 kg) weekly limit, unless taken in the treaty salmon troll fisheries. Lingcod taken in the treaty salmon troll fisheries are subject to a 1,000 lb (454 kg) daily trip limit and a 4,000 lb (1,814 kg) weekly limit. (d) Flatfish and other fish. Treaty fishing vessels using bottom trawl gear are subject to the limits applicable to the non-tribal limited entry trawl fishery for English sole, rex sole, and other flatfish that are published at the beginning of the year. For Dover sole and arrowtooth flounder from July-December 2006, the Makah Tribe will manage its fishery to a harvest target of 476.3 mt for Dover sole and 1360.8 mt for arrowtooth flounder. Treaty fishing vessels are restricted to a 50,000 lb (22,680 kg) per 2 month limit for petrale sole for the entire year. (e) Pacific whiting. The tribal allocation is 35,000 mt. (f) There is a tribal harvest guideline of 400 mt of Pacific cod. The tribes will manage their fisheries within this harvest guideline. (g) The tribes will manage their spiny dogfish fishery within the trip limits for the non-tribal fisheries. [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]