(a) Halibut fishing in subarea 2A-1 by members of U.S. treaty Indian tribes located in the State of Washington is governed by this section.
(b) Commercial fishing for halibut by treaty Indians is permitted only in subarea 2A-1 with hook-and-line gear in conformance with the season and quota established annually by the Commission.
(c) Commercial fishing periods and management measures to implement paragraph (b) of this section will be established by treaty Indian tribal regulations.
(d) Commercial fishing for halibut by treaty Indians shall comply with the Commission's management measures governing size limits, careful release of halibut, logs, receipt and possession, and fishing gear (published pursuant to Sec. 300.62), except that the 72-hour fishing restriction preceding the opening of a halibut fishing period shall not apply to treaty Indian fishing.
(e) Ceremonial and subsistence fishing for halibut by treaty Indians in subarea 2A-1 is permitted with hook-and-line gear from January 1 to December 31.
(f) No size or bag limits shall apply to the ceremonial and subsistence fishery, except that when commercial halibut fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians may take and retain not more than two halibut per person per day.
(g) Halibut taken for ceremonial and subsistence purposes shall not be offered for sale or sold.
(h) Any member of a U.S. treaty Indian tribe who is engaged in commercial or ceremonial and subsistence fishing under this section must have on his or her person a valid treaty Indian identification card issued pursuant to 25 CFR part 249, subpart A, and must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States v. Washington 384 F. Supp. 312 (W.D. Wash., 1974).
(i) The following table sets forth the fishing areas of each of the 12 treaty Indian tribes fishing pursuant to this section. Within subarea 2A-1, boundaries of a tribe's fishing area may be revised as ordered by a Federal Court. ------------------------------------------------------------------------
Tribe Boundaries------------------------------------------------------------------------HOH....................................... Between 475418" N. lat.
(Quillayute River) and
472100" N. lat. (Quinault
River), and east of
1254400" W. long.JAMESTOWN S'KLALLAM....................... Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
626 F. Supp. 1486, to be
places at which the
Jamestown S'Klallam Tribe
may fish under rights
secured by treaties with
the United States.LOWER ELWHA S'KLALLAM..................... Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
459 F. Supp. 1049 and 1066
and 626 F. Supp. 1443, to
be places at which the
Lower Elwha S'Klallam Tribe
may fish under rights
secured by treaties with
the United States.LUMMI..................................... Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
384 F. Supp. 360, as
modified in Subproceeding
No. 89-08 (W.D. Wash.,
February 13, 1990)
(decision and order re:
cross-motions for summary
judgement), to be places at
which the Lummi Tribe may
fish under rights secured
by treaties with the United
States.MAKAH..................................... North of 480215" N. lat.
(Norwegian Memorial), west
of 1234230" W. long., and
east of 1254400" W. long.NOOKSACK.................................. Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.
1974), and particularly at
459 F. Supp. 1049, to be
places at which the
Nooksack Tribe may fish
under rights secured by
treaties with the United
States.PORT GAMBLE S'KLALLAM..................... Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
626 F. Supp. 1442, to be
places at which the Port
Gamble S'Klallam Tribe may
fish under rights secured
by treaties with the United
States.QUILEUTE.................................. Between 480736" N. lat.
(Sand Point) and 473142" N.
lat. (Queets River), and
east of 1254400" W. long.QUINAULT.................................. Between 474006" N. lat.
(Destruction Island) and
465318" N. lat. (Point
Chehalis), and east of
1254400" W. long.SKOKOMISH................................. Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
384 F. Supp. 377, to be
places at which the
Skokomish Tribe may fish
under rights secured by
treaties with the United
States.SUQUAMISH................................. Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
459 F. Supp. 1049, to be
places at which the
Suquamish Tribe may fish
under rights secured by
treaties with the United
States.SWINOMISH................................. Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
459 F. Supp. 1049, to be
places at which the
Swinomish Tribe may fish
under rights secured by
treaties with the United
States.TULALIP................................... Those locations in the
Strait of Juan de Fuca and
Puget Sound as determined
in or in accordance with
Final Decision No. 1 and
subsequent orders in United
States v. Washington, 384
F. Supp. 312 (W.D. Wash.,
1974), and particularly at
626 F. Supp. 1531-1532, to
be places at which the
Tulalip Tribe may fish
under rights secured by
treaties with the United
States.------------------------------------------------------------------------ [61 FR 35550, July 5, 1996, as amended at 74 FR 11697, Mar. 19, 2009; 76 FR 14319, Mar. 16, 2011]