[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: 50CFR660.706]

[Page 207]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents
 
                  Subpart K_Highly Migratory Fisheries
 
Sec.  660.706  Pacific Coast Treaty Indian rights.

    (a) Pacific Coast treaty Indian tribes have treaty rights to harvest 
HMS in their usual and accustomed (u&a) fishing areas in U.S. waters.
    (b) Pacific Coast treaty Indian tribes means the Hoh, Makah, and 
Quileute Indian Tribes and the Quinault Indian Nation.
    (c) NMFS recognizes the following areas as marine u&a fishing 
grounds of the four Washington coastal tribes. The Makah u&a grounds 
were adjudicated in U.S. v. Washington, 626 F.Supp. 1405, 1466 (W.D. 
Wash. 1985), affirmed 730 F.2d 1314 (9th Cir. 1984). The u&a grounds of 
the Quileute, Hoh, and Quinault tribes have been recognized 
administratively by NMFS (See, e.g., 64 FR 24087 (May 5, 1999) (u&a 
grounds for groundfish); 50 CFR 300.64(i) (u&a grounds for halibut)). 
The u&a grounds recognized by NMFS may be revised as ordered by a 
Federal court.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented by the Secretary of Commerce, after 
consideration of the tribal request, the recommendation of the Council, 
and the comments of the public. The rights will be implemented either 
through an allocation of fish that will be managed by the tribes, or 
through regulations that will apply specifically to the tribal 
fisheries. An allocation or a regulation specific to the tribes shall be 
initiated by a written request from a Pacific Coast treaty Indian tribe 
to the NMFS Northwest Regional Administrator, at least 120 days prior to 
the time the allocation is desired to be effective, and will be subject 
to public review through the Council process. The Secretary of Commerce 
recognizes the sovereign status and co-manager role of Indian tribes 
over shared Federal and tribal fishery resources. Accordingly, the 
Secretary of Commerce will develop tribal allocations and regulations in 
consultation with the affected tribe(s) and, insofar as possible, with 
tribal consensus.
    (e) Identification. A valid treaty Indian identification card issued 
pursuant to 25 CFR part 249, subpart A, is prima facie evidence that the 
holder is a member of the Pacific Coast treaty Indian tribe named on the 
card.
    (f) Fishing (on a tribal allocation or under a Federal regulation 
applicable to tribal fisheries) by a member of a Pacific Coast treaty 
Indian tribe within that tribe's u&a fishing area is not subject to 
provisions of the HMS regulations applicable to non-treaty fisheries.
    (g) Any member of a Pacific Coast treaty Indian tribe must comply 
with any applicable Federal and tribal laws and regulations, when 
participating in a tribal HMS fishery implemented under paragraph (d) of 
this section.
    (h) Fishing by a member of a Pacific Coast treaty Indian tribe 
outside that tribe's u&a fishing area, or for a species of HMS not 
covered by a treaty allocation or applicable Federal regulation, is 
subject to the HMS regulations applicable to non-treaty fisheries.