HomeMy WebLinkAbout024Michelle Farfan
From:
Sent:
To:
Subject:
Philip Hunsucker
Friday, January L2,20L8 3:38 PM
Patty Charnas; Michelle Farfan
FW: REVISED DATE: Skokomish and S'Klallam Tribes' Meet & Confer Request - Hood
Canal Fishery (Shellfish)
2017 12-22_ Revised Date M&C on Shellfish (v.1).pdf; 20L7 L2-L8_Original M&C on
Shellfish.pdf; Ex. A_ Order Modifying Paragraph 25 of Permanent Injunction.pdf; Ex. B_
Revised Shellfish Implementation Plan.pdf; Ex. C_ Order Clarifying Upland Access.pdf; Ex.
D_ Order Denying Private Land Owners' Motion - Upland Access.pdf; Ex, E_ 2_89-
sp-00303_ 00031 (Order - Preliminary Injunction - s, 6 applies only to licensed
Grower).pdf; Ex, F_ Order - Section 6.1 & 6.3 Notice.pdf
Attachments:
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
I e ffe rs o n C o u n Lv P ro s e cuti n g Atto rn ey's O ffi c e
P.O. Box 1220,PortTownsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law
found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for
inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws.
From: Lees, Earle David [mailto:elees@skokomish.org]
Sent: Friday, January 72,201811:45 AM
To: Philip H unsucker <PH u nsucker@co.jefferson.wa. us>
Subject: Fwd: REVISED DATE: Skokomish and S'Klallam Tribes' Meet & Confer Request - Hood Canal Fishery (Shellfish)
Forwarded message
From: Lees, Earle David <elees@skokomish.org>
Date: Fri, Jan 12,2018 at 11:44 AM
Subject: Fwd: REVISED DATE: Skokomish and S'Klallam Tribes'Meet & Confer Request - Hood Canal
Fishery (Shellfish)
To : phunsucker@coj efferson.wa.us
Forwarded message
From: Lees, Earle David <elees@skokomish.ors>
Date: Fri, Dec22,2017 at 11:29 AM
Subject: REVISED DATE: Skokomish and S'Klallam Tribes'Meet & Confer Request - Hood Canal Fishery
(Shellfish)
To: agidari@perkinscoie.com, BryceB@atg.wa.gov, madslaw@alaska.net, ,
rfk@psvoa.com,TamaraMacleod <Iem@ka4App.celq>, whyrock@gci.net, Alan Stay
<alan.stay@muckleshoot.nsn.uP, Andrews Salter <asatler@tetontaw. >, Andy Woo <andyw@ats.wa.sov>,
Ann Tweedy <Ann.Tweedy@muckleshoot.nsn.us>, "Arthur W. Hanigan, Jr." <arthurh@haniganleyh.com>,
Beth Baldwin <bbald , Billy Plauche <billy@plauchesto , Brian Gruber
<bgruber@ziontzchestnut.com>, Claire Newman <cnewman@kilpatrickt ,
"Colleen.Kelle)r@sol.doi.sov" <Colleen.Kelley@sol.doi.sov>, Cory Albright <calbright@kanjikatzen.com>,
"craig@dorsayindianlaw.com" <craig@dorsayindianlaw.com>, "csmartin@schwabe.com"
<csmartin@schwabe.c , David Babcock <dbabcock@squaxin. , David Cummings <dj_g@ngzpglge.olg>,
David Dillard Cullen <attornevcullen@com >, David Hawkins <dhawkins@uppersk , David
Nelson Bruce <dbruce@,sbwllp.com>, David S Vogel <dsvogel@earthlink >, David West
<druest@gsblaw.co , "Dennis Reynolds (Dennis@ddrlaw.com)" <Dennis@ddrlaw.com>, Duffy Graham
<dgraham@sbwllp.com>, Earle David Lees <elees@skokomish. , Earle David Lees
<lnies@skokomish.org>, Emily Haley <ehaley@swinomish.nsn.us>, Eric Nielsen <nielsene@nwattorne ,
"Godwin, Ryen L." <RGodwin@schwabe. , Gregory O'Leary <goleary@halcyon.com>, Howard Arnett
<hea@karnopp.com>, "J.ScottBougher"<jscottbougher@gmai,JamesJannetta
<jjannetta@swinomis , James Rittenhouse Bellis <rbellis@suquamis , Jane Steadman
<isteadman@kanjika , Jeffrey Schuster <jeffschuster@world >, "JoeP@ATG.WA.GOV"
<JoeP@atg.wa.gov>, John Hollowed @>, John Ogan <qgAqi_ahnw@grnAd.qem>, John
Sledd <jsledd@kanjikatzen , John Tondini , "j.ohn.bell@puyall@"<iohn.bell@puyallu , Joshua Osborne-Klein , Julie Kane
@>, Kerry Keefe <keny.keefe@usdoj.s , Kevin Lyon <klyqn@rquaxigug>, Kristen
Ballinger <kristinb@calfohar >, Laura Watson <lauraw2@atg.wa.gov>, Laura Weeks
<Laura.Weeks@muckleshoot.nsn.us), Lauren King <lauren.king@foster.com>, Lauren Rasmussen
<lauren@rasmussen-law.com>, "LEaston@dorsayindianlaw.com" <LEaston@dorsayindianlaw.com>, Leslie
MacMillan <lmacmillan@skokomish.org>, Lori Bruner <Lbruner@quinault.org>, "M. Brent Leonhard"
<legalcounsel@ctuir.org>, Marc Slonim <mslonim@ziontzch , Margaret Duncan
<MDUNCAN@gsblaw.co , Mary Neil <maryn@lummi-nsn.gw>, Maryanne Mohan
<mohan , Mason Morisset <m.morisset@msaj.c , Michael Grossmann
<mike.srossmann@atg.wa.gov>, Michael Johns <mike@rjh-legal.co , Michael Scott Schechter
<mike.schechter@.alaska.sov>, Nathan Schreiner <nscheiner@squaxin >, Noah Purcell
<noahp@,atg.wa.gov>, Philip James Buri <philip@burifunsto , "@"
<pkatzen@kanjikatzen.com>, Rene Tomiser <renet@.atg.wa.gov>, Rich Berley <rberley@ziontzche ,
Richard Reich <rreich@muckleshoot.nsn.us>, "Riyaz A. Kanji" <rkanji@kanjikatzen.com>, Rob Otsea<Rob.Otsea@muckle , Rob Roy Smith <rrsmith@kilpatric >, "Robert M. Smith"
<robert@plauchecar , Sam Hough <sam.hough@elwha.oP, Sam Stiltner <sams@puyalluptribe.com>,
Sarah K Weston <sarah.weston@doi.state.or.us), Saza Osawa <sosawa@tulaliptribes-nsn.gov>, Scott
Mannakee <smannakee@stillaguamish.com>, Sharon Haensly <shaensly@squaxin.us>, "Sharp, Fawn"
<fsharp@quinault.org>, "Shorin III Joseph (ATG)" <JosephS@,atg.wa.eov>, Steve Suagee
<steve.suagee@elw@, "Terry Pruit (ATG)" <terryp@ate.wa.gov>, Timothy Alberson Brewer<tbrewer@tulalipt , Tom Zeilman <tzeilman@qwestoffi , Tyler Lawrence Farmer
h.com>VanessaWillard<@>lko earr@-kasaularavgro up. c om
The Meet and Confer will now be held on February 7,2078 from 10 am to 2 pm at the Skokomish Community
Center located at 19731 N. US Hwy 101, Skokomish Nation, WA 98584.
Please confirm your delegation size by February 2,2018 with Leslie MacMillan, Sr. Paralegal, at
lmacmillan@skokomish.org or 360-877-2 1 00.
Very truly yours,
2
Earle D. Lees, Tribal Attorney
Skokomish Indian Tribe
N. 80 Tribal Center Road
Skokomish Nation, WA 98584
360.877.2100 (tel)
360.490.8959 (cell)
360.877.2104 (fax)
CONFIDENTIALITY NOTICE
This email and any attachments accompanying this email contain information which is
confidential and/or privileged. The information is intended to be for the use of the individual or
entity named on this email. lf you are not the intended recipient, be aware that any disclosure,
copying, distribution or use of the contents of this email is prohibited. !f you have receaved this
email in error, please notify us by telephone immediately.
Very truly yours,
Earle D. Lees, Tribal Attorney
Skokomish Indian Tribe
N. 80 Tribal Center Road
Skokomish Nation, WA 98584
360.877.2100 (tel)
360.490.8959 (cell)
360.877.2104 (fax)
CONFIDENTIALITY NOTICE
This email and any attachments accompanying this email contain information which is
confidential and/or privileged. The information is intended to be for the use of the individual or
entity named on this email. lf you are not the intended recipient, be aware that any disclosure,
copying, distribution or use of the contents of this email is prohibited. lf you have received this
email in error, please notify us by telephone immediately.
Very truly yours,
3
Earle D. Lees, Tribal Attorney
Skokomish Indian Tribe
N. 80 Tribal Center Road
Skokomish Nation, WA 98584
360.877.2100 (tel)
360.490.8959 (cell)
360.877.2104 (fax)
CONFIDENTIALITY NOTICE
This email and any attachments accompanying this email contain information which is
confidential and/or privileged. The information is intended to be for the use of the individual or
entity named on this email. lf you are not the intended recipient, be aware that any disclosure,
copying, distribution or use of the contents of this email is prohibited. lf you have received this
email in error, please notify us by telephone immediately.
4
Skokomish Legal Department
N. 80 Tribal Center Road Tel: 360.877.2100 ext. 207 1
Fax:360.877.2104
Skokomish Nation, WA 98584
To:
December 22,2017
Lower Elwha Klallam Tribe (Affected Tribe); Suquamish Indian Tribe (Affected Tribe);
State of Washington; any other Affected Parties; D.D. DeNotta LLC; Sunset Beach Oyster
Company, LLC; Rush & Kay Youngberg, Youngberg Fjord Sustainable Shellfish, LLC,
the Youngberg Family Trust; and any other Shellfish Company operating within the Hood
Canal
From: Skokomish Indian Tribe
Re: Meet and Coryfer - Revised Date
I. Meet and Confer to be held on February 7,2018 from l0 am to 2 pm at the
Skokomish Community Center
The Meet and Confer will now be held on February 7,2018 from l0 am to 2 pm at the Skokomish
Community Center located at 19731 N. US Hwy l0l, Skokomish Nation, WA 98584. In order to
assist in facilities setup for the Meet and Confer, please confirm the size of your delegation by
February 2,2018 with Leslie MacMillan, Sr. Paralegal for the Skokomish Legal Department.
The original Meet and Confer letter dated December 18,2017 and served December 20,2017 is
incorporated by reference herein.
Very truly yours,
Earle David Lees, Attorney and Director
Skokomish Legal Department
MEET & CONFER REQUEST lofllPage
Skokomish Legal Department
N. 80 Tribal Center Road T cl: 360.877,21 00 ext. 207 I
Fax: 360.877.2104
Skokomish Nation, WA 9E584
December 18,20t7
To:Lower Elwha Klallam Tribe (Affected Tribe); Suquamish Indian Tribe (Aftected Tribe);
State of Washinglon; any other Affected Parties; D.D. DeNotta LLC; Sunset Beach
Oyster Company, LLC; Rush & Kay Youngberg, Youngberg Fjord Sustainable Shellfistu
LLC, the Youngberg Family Trust; and any other Shellfish Company operating within
the Hood Canal
From: Skokornish Indian Tribe, Jamestown S'Klallam Tribe, Port Camble S'Klallam Tribe
Re: Request for Meet and Confer Concerning the Revised Shellfish Plan
I. Meet and Confer to be held on Januery 10, 2018 from l0 am to 2 pm at the
Skokomish Community Center
This is a formal request for a Meet and Confer with policy representatives of and counsel for the
Lower Elwha Klallam Tribe (Affected Tribe), Suquamish Indian Tribe (Affected Tribe), State of
Washington, any other affected parties to United Ststes v. lloshington, D.D. DeNona LLC,
Sunset Beach Oyster Company, LLC, Rush & Kay Youngberg, Youngberg Fjord Susainable
Shellfish, LLC, the Youngberg Family Trust and any other shellfish company operating within
the Hood Canal.
This request is made in part pursuant to Paragnph 25 of the Permanent Injurction of March 22,
1974, as revised by the Order Modising Paragraph 25 of Permanent Injunctionr dated August
23, 1993, (hereinafter, "Paragraph 25"); United States v. Washington,3S4 F. Supp. 312, 419
(W.D. Wash. 1974), afrfd, 520 F.zd 676 (9th Cir. 1975) (hereinafter, "Boldt'); Washingon v,
lYash State Comm'l Passenger Fishing Vessel Ass'n,443 U.S. 658 (1979); United States v.
Washington, C70-9213, (Main) Dkt. No. 13599; Uniled States v. ll/oshington, 18 F. Supp. 3d
1172, l2l3 (W.D. Wash. 1993). The Court retains continuing jurisdiction under Paragraph
25(a)(a) and Paragraph 25(aX7) to rcsolve our ongoing disputes.
This request is also made to avoid potential litigation pursuant to Section 9 of the Revised
Shellfish Implementation Plan.z United States v. l|/ashington, C7O-9212, (Subproceeding No.
89-3) Dld. No. 14331.
t Sce Exhiuit n.
2 Sec Exhibit B.
MEET & CONFER REQAEST lof3 ll)rrr,'c
The Meet and Confer will be held on January 10, 2018 from l0 am to 2 pm at the Skokomish
Community Center located at 19731 N. US Hwy I0l, Skokomish Nation, WA 98584. [n order
to assist in facilities setup for the Meet and Confer, please confirm the size of your delegation by
January 5,2018 with Leslie MacMillan, Sr. Paralegal for the Skokomish Legal Department.
lI. Nature of the Request and Background
The Skokomish Indian Tribes seeks to invoke the continuing juridiction of the Court in order to
resolve ongoing disputes with respect to the development and implementation of harvest plans
under Sections 6 and 7 of Revised Shellfish Implementation Plan for tidelands located within the
Hood Canal fishery.
The principal unresolved issues include, but are not limited to: (a) inter-tribal coordinations in
the development and implementation of harvest plans by the affected tribes; (b) tribal upland
access rights;" (c) demarcation of harvest areas versus whole tideland harvests; (d) the
application of Section 7 versus 6 of the Revised Shellfish Implementation Plan; 5 (e) notice
requircments6 under Section 6.1 versus 6.3 of the Revised Shellfish lmplementation Plan; (0 the
extent of the growers' obligation under Section 6.3 to disclose to the affected tribes "what the
sustainable harvest yield is," by conducting a survey and/or population estimate for those
tidelands rneeting or exceeding the natural bed threshold; 'and (g) obligation for and type of
repayment of past overharvests.
If the Meet and Confer is unsuccessful, the Skokomish and S'Klallam Tribes will demand
mediation with the end goal being the entry of an agreed Order. In the event that this alternative
dispute resolution process fails, the Skokomish and S'Klallam Tribes will request that the Court
resolve these disputes and amend the Revised Shellfish Implementation Plan to provide clarity to
avoid future disputes.
III. Meet and Confer Agenda
The items to be discussed at the Meet and Confer shall include, but are not limited to:
l. Welcome and Introductions;
2. The basis for the relief sought by the Skokomish and S'Klallam Tribes;
' See Exhibit B, Section 6.2 of the Revised Shellhsh lmplementation Plan.{ See Exhibits C and D.
'See Exhibir E.
6 Sce Exhibit F.
' See Exhibit B, Section 6.3 of the Revised Shellfish lmplemcntation Plan.
ttlEET & CONFER REQAEST 2of3|',t::t'
3. The possibility of senlement;
4. Whether the matters are properly one for the Fisheries Advisory Board (FAB);
5. [dentification of technical issues relevant to the maners in conroversy, areas of
agreement and disagreement on such issues, and methods for developing an agreed
technical basis to narrow or resolve the conhoversies;
6. Whether independent extra-judicial actions (e.g. regulatory action by a governrnent
agency) may remove the need for or warrant deferral on an adjudication;
7. Whether earlier rulings of the Court may have addressed or resolved the matter in issue in
whole or in part;
8. Whether the parties can agree to mediation or arbitration of the issues before or in lieu of
litigation; and
9. Closing Remarks.
This meeting is a compromise settlement negotiation and evidence of conduct or statements
made durirtg this negotiation are subject to the restrictions set forth in Rule 408 of the Federal
Rules of Evidence. Fed. R. Evid.408.
Very truly yours,Very truly yours,
The Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe Join in the Request:
Very truly yours,Very truly yours,
Charles Miller, Chairman
Skokotnish Ind ian Tribe
Randy Director
Point No Point Treaty Council
Earle David Lees, Tribal Anomey
Skokomish lndian Tribe
WSBA No. 30017 - OSBAR No. 081450
st\auren Rasmussen (Aoproved bv Email)
Lauren Rasmussen, Tribal Attomey
Jantestown S'Klallam Tribe and
Port Gan$le S' Klallam Tribe
WSBA No. 33256
t
IVIEET & CONFER REQUEST 3 of 3 I i'L i i:
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UNITED STATES DTSTRICT COURT
r.OR THE I{ESTERN DISTRTCT OF WAST{INGTON
AT SEATTLE
UNITED STATES OF AI.{ERICA, et aI.,
Plaintlffs,
v.
STATE oF WASHfNGTON, et aI.,
Defendante.
civll uo. 9zL3
ORDER MODIFYTNG PARAGRAPH
25 OI' PERMANENT INJI.'NCTION
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Paragraph 25 of the courtrs March 22, L974, pomanent
injunction (384 F. Supp. at 419) ig nodified to provide aE
follows:
25. (a) The partles or any of them may invoke the
continuing Jurlsdiction of thls court Ln order to
dete:mLne:
(1) Whether or not the actlons lntended
or effected by any party (lncludlng the party seeklng a
determination) are in conformlty wlth rinal Declsl-on # I
or thie inJunction;
ORDER UODIFYING PARAGRAPTI 25 OF
PERMANENT IN;TUNCTION . 1
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(2) tr{trether a proposed et,aLe regulatrion
is reasonabLe and necesaary for congenratlon;
(3) I{?rether a t.rLbe ls ent.ltled t.o
exercLse powers of self-reg.u1atlon;
(4) Dleputes concernlng the subJect.
maLt,er of thie caEe whlch the pareies have been unable
Eo resolve Ermong themeelwee;
(5) Clalms to returns of selzed or
damaged flshing g'ear or lts vaIue, ae provlded, for ln
thie inJunctlon;
(6) The locat.j-on of any of a Eribe's
ueual and accustomed flshing grounds not Bpeclfically
determined by FlnaL Decislon # I; and
(7) Such other mat,t,era as the court may
deem approprJ-ate.
(b) To lnwoke Ehis eourE's contlnuj.ng Jurts-
dicLion, the party seeking reIlef ehall inltiate a
subproceedl-ng l-n ChJ-s actrion by flIlng a requeatr for
dete:mlnatlon. SubproceedJ.ngs will be conductred ln
accordance with Lhe following procedures:
(1) Before a ?equest for det.erurlnation
ls filed (exeepu for an emerg'ency matter, addressed
below), the party eeeking rellef ("request5,ng parLyn)
shalI meet and confer wlth all parE.iee t.hat may be
dlrectly affect,ed. by the request ("affected party,,) and
atE.empt to negotiate a eett,Iement of Lhe matter ln
issue. Couneel for Lhe requeeEing party shall be
ORDER MODIFYING PAXAGRAPH 25 OF
PERIiIANENT IN.TUNCTION - 2
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reEponE,lbLe for gchedullng t,he inltial. meeting and ghal-l
notlfy all partlee co t.hle acEion of t,he time and place
of the meet.ing. AJ.l affected parLiea shall cooperate by
part.iclpaLlng In sucb a meeLing when requeat.ed to do so
upon r:easonable noflce from the requesting party.
Po1i-cy representativee of and coungel for t,he partici-
pating parties ehal,l be present at the meeLing. In
addlLlon to other mattere Ehe parties may wish E.o
addrees, trhe parLles shall discuss aL the meeting (A)
the basls for the relief sought, by the requeet.tng party,
(B) the poeelbillty of set,Llementr; (C) whet.her the
matter le properly one for the Fisherles Advlsory Board
(rAB) ; (D) ldentificat,ion of technical issues relevant
tro the maEeer l-n contrrovergy, areaE of agreement and
disagreemenE. on. such issues, and methods for developing
an agireed technlcal basis to narrow or regolve the
conEroverey; (E) whether independent extra-Judlclal
actions (9.-g-, regulatory acLlon by a goverruBent agiency)
may remove Ehe need for or warrant, deferral of an
adJudicatrion; (F) whether earlier nr]-lngs of the court
may have addressed or resolved the matter in lssue in
whole or ln part; and (G) whet.her the part,iee can agree
t.o medlaEl-on or arblE,ration of the lesues bef,ore or ln
lieu of liE.igatrion. The parLiec ehalL contrinue to rneet
and negoEiat,e as long aE there appears to t,hem Eo be a
substantlal posslbility of sett.Iemeut. If Eh.e negotia-
Lions fail, Lhe parLies nay proceed Lo medlaflon in
o
ORDER MODIFYTNG PAXNGRAPH 25 OF
PERMANENT IN,JIINCTION . 3
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accordance wIEh subparErgtr.aph (b) (2) or, ahsent
medtalion, trhe requesulng party may flle its request for
det.ermlnatlon. Except as provJ-d.ed. ln subparagraph
(b) (7) , no reqlueeE for deuermlnation shaIl be filed
Booner than 15 daye after the conclusion of
negotiations.
(2) If the requestring party and the
affected parEiee are unsuccegeful in negot.latlng a
solution t,o the lssue in accordance with suJcparagraph
(b) (1), the reguestlng party or any affected party may
demand medlaclon wluhln 12 daya after trhe conclueton of
t.he unguccesefuL negotriat.ions. Notlce of demand for
medlatl-on shall be se:nred upon all parcies E,o thie
acEion. The requesLlng party and all affected partiee
shalI participat,e ln E,he medlaLion, which sha11 be
conducted. pursuant to locaI Civil Rul-e 39.1(c) (3) - (7).
The reguestJ-ng partf or an affected party may move E,he
court for an order (A) compelling med.laLion under trhis
subparagraph or (B) walving medlation under trhis
eubparagraph or relievlug the movlng partry from any
obllgat.iorr tro part.icipate In a medlaLlon. Unless agreed
or ordered.oLherwlse, Ehe pareiee part.J-cipat.lng In the
medlation wllL share the medlator's feee and related
e)q)enaes on a pro rata basls.
(3) After complying with the foregolng
requlrements (includlng RuIe 39.1 medlaLion Lf applica-
ble) , a party seeki:rg relief shall fil-e with the clerk
ORDER MODIFY]NG PARAGRAPH 25 OF
PERMANENT TN.]UNCTTON - 4
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of thiB court and aeffe upon all ot,her partles (through
thelr coungel of recofd, if iiny) a "regueet for
determinaElon,tr not Eo exceed. Lwelve pageB in length.
The requestr for detennination shall contain a slrort and
plain aLatementr segting forth the facEual and lega1
basis of the, claim for relief or otlrer mat,t,er preeented
t,o the court, and a etatemenE of the relief sought by
the re-quest,ing parLy. The requeat shaIl not contaln
legal argument, or be accompanted by submiesion of
evLdence. Counsel for the requestlng partry ehal1- file
wit,h trhe requeat for dete:::nination a declaratl-on
aEtest,lng to that. party's compliance wiLh t,he
requj-rementg of eubparagraph (b) (1) .
(4) A party wiehlng to flLe a response
to a request for det,e::udnaE,ion sha1l do eo no lauer t.han
eixty days afEer the flllng date of the request. A
parE,y reepondlng Eo a reguest may assert a countrer-
requeaL for dete:-ulnat,ion lf euch cotEt,er"request
relaEeg direcLly Eo Ehe subJecE. mat,Ler of the request
for determirxation. Cross-requeats between respondents
are d.l-scouraged. and, shaLl be permltted only with prlor
permlseion of th.e court. Counsel for partiee partlcl-
patlng in a subproceedlng ehalt submlt a aeparaE,e notlce
of appearance wlth the party's reqr:est for dete:mlnaLlon
or bef ore or wlth E,he party's response-
(5) MoLlon practice, dJ-scovery and case
schedul-lng in eubproceedings lntelaEed under ehis
ORDER MODIFYING PARAGRAPH 25 OF
PERI,IA,NE}i:T TN.IUNCTION - 5
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paragraph 25 shal1 be conducted in accordance wl"th the
Federal Rules of Cl-vII Procedure and the general and
clvll rrrl-ee of t,hle court. Each eubproeeedJ-ng shall- be
eubject to local. Ciwil Rule 39.1. The courE and the
part,les may employ the procedures provided by RuIe 39.1
t.o Ehe Barne exEenE as lf the subproceeding were a
Beparatre acEion, buL where t,Lre parLles rrawe part.icipated
ln a pre-filing mediation BurauanL to eu-bparagraph
(b) (2), the court wilt noE regulre a second mediation In
t,he subproceedlng except upon ag'reement of the
requeatlng party and a maJorlty of Ehe adverse
respondents -
(5) No laLer than nlnety days afEer Etre
inlt,iaulon of a eubproceeding by a reguest for determ-
ination, any party seeking referral of the matter Lo a
speelal mast,er or UniLed St,ates fuaglst.rate ,Jud.ge shalt
file a moLion seeking sucfr refemal and specifying
whether trhe party seeks appolntment of a apeclal master
or magLaLrate Judge and the naEure of Ehe funceions Ehe
party propoEea Uo bave delegat,ed t.o thaL officer-
Referrals to epeeial maeters or magistraee judgee shall
be made on a caae by case basis, In the diecret.ion of
the eourtr, pursuanL t.o Fed. R. ciw- P. 53 ot 28 U.S.C.
S 535 (b) . To facLlitate appolnUment of special masterg
and med.LaLora, t,he court will maintaln a regleter of
persona who are gualifled and avatlabl"e Eo Berve In such
capaclEies in this action. The part,les may nominaLe
ORDER MODTFYING PAN.AGRAPH 25 OF
PERMANEI{I IN.JUNCTION . 6
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persona E.o be narned. on ttre regiseer, and the court wil-I
conslder the nomlnatlon on the basi-s of t,he candl"daLe'e
qualificaE.ions and the extent of support for the nomlna-
Elon among the parties. Parties may propoae peraona noE
named on Ehe register for appolntmenE In indLvldual sub-
proceed.ings- The part.j.es shall proffer t,helr l-nltlal
nomlnatlons to the courtr by October 1, 1993.
(7) Any party may seek deEe::urinat.ion of
an emergency rBtrEer eubJect to eatisfaction of the
following condltlone: (A) the parLy shall initiaEe a
eubproceedlng (If not. previously inieiaE,ed) by fillng
and seliving on all parEiee a reguesE for decermlnaLtoni
(B) Lhe requeetlng party shall file wlth the request and
E elt/e on all parEiee a moEion for Lemporary reetraining
order or prellmlnary lnJunct.ion, which shall comply with
and be declded ln accordance with the civll rules and
tegal sEandarda general-1y goveraing such motions; and
(C) Ehe requeetlng party shai-I flle and se:ve a
declaration of coungel staelng thaE Ehe parey hae made a
bona flde effort, Eo resolve t,he eulergency issue wlth Ehe
affected parules and has fal1ed to do so; E,hat actua]
notlce of ttre moLion hae been prorrlded to each party
that ls the aubJecL of the motJ-on; and that Lhe matter
in lssue congtltutes an emergency ln the judgment of Lhe
parEy and lts aEEorney- Motione f,or temporary
restraining orders ghall be fi-Ied only in clrcumslanceg
where lrreparable harm ls likely Lo occur before a
ORDER MODIFYING PARAGRJLPH 25 OF
PERMANEIIT IN.TUNCTION - 7
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hearLng on a motion for prelimlnary lnJunction can be
gcheduled.
(8) Upon recelpt of a mot,ion for
temporary reBtrainlng order or prellmi:aary lnJunctrlon
complying with subparagraph (b) (7), the courE witl
advise t,he part.Ies of E,he tlme and date for hearJ.ng,
whetrher furEher brleflng will be requlred before
hearing, and whether oral EeeLJ-moay w111 be per:rrltEed or
required aE. the hearing. Un1ess Ehe :rlIing on Ehe
motl-on for teurporary reetrainlng order or prelJ-minary
inJunction flnally dlepoeee of th.e requesE for
determlnation in 1t,s entlrety, the request shaU be
declded Ln accordance with this paragraph 25 in the
ordlnary courge of the court's buginess.
(9) Except as specifically provJ-ded J-n
this paragraph, this lnJuncrlon sha]1 not a1Eer or
deprlve the parE,l-ee of a:ry rlght, to bring motrionE or
other nraLterE before thie Court ae prowlded ln the
Federal RuLes of Civll Procedure
Dated l-n Seattle, Vrashington thie AY day of August, 1993.
J.
CHIEF STATES DTSTRICT .,TIDGE
I
ORDER MODIFYING PARAGRJAP}I 25 OF
PERMANE]T'T TNWNCTION - 8
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case 2:89-sp-00003-RSM Documeq!([$ Filed 04/08/02 Page l of 27
HONORABLE EDWARD RAFEEDIE
/ilo
J-L0oE
ssslE
APR 6 2002
-FILED_LODGED -
EIITERED
-RECEIl/EDAPR 0 I m02
lt alAlrtEcLlr( u8 DEInET corrirwErtErr ollrnlcr oF wAsl{lilGrorlIY I'EPUIY
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA, et aI.,
Plarnhffs,
vs.
STATE OF WASHINGTON, et aI.,
Defendants
Case No.: C'70-9213
Subproceedrng No 89-3 (Shellfish)
STIPULATION AND ORDER AT{ENDING
S}MLLFI SH IMPLEMENTATION PLAN
In an amended opiruon filed September 25, 1998, at 157 F.3d 630, the Nrnth Cucurt Court of
Appeals re,manded three rszues to the Distrrct Court for further proceedmgs: (l) detennination of the
minrmum densrty of shell{ish necessary to establish the exrstence of a natural bed, (2) the manner of
rmplementmg the Tribes' allocafion of shellfish from Growers' beds, and (3) the manner of resolvrng
disputes to be rncluded in the Shellfish Lnplementatron Plan, (the '?lan"), 898 F Supp. 1453, 1463 et
seq-
To address issues (l) and (2), the Trrbes, the Growers, and the State of Washington have
stipulated to revrsrons of sections srx and erght of the Plan, The Tnbes and the Growers therefore
STIPULATION AND ORDER AMENDING
S}IELLFISH IMPLEMENTATION PI.AN - I
Kanlt
L
il
PLLC
720 Thrd Avenue, Surte 1500
Seattle, WA 98104
206344-8100
w$BA#7835
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Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 2 of 27
wrthdraw their competing proposals to revise the Plan that were filed on or about March l l, 2002. To
address rssue (3), all parhes have shpulated to revisions of seotion 9 of the Plan.
In addrhon, the partres have strpulated to mmor wording changcs m other sections of the Plan to
oonform the language of the Plan to be consstent wrth the reuslons to sechon 9
For the convenience of the Court and the partles, Attachment A to thrs Stipulation and Order rs a
complete restatsment of the Plan, rncludmg all revslons strpulated to by the parties.
STIPT]LATION
1. PluntrffIndran Tribes, Puget Soud Shellfish Growers, and the State of Washrngton, strpulate
that the rrev$rons to sectrons srx and erght of the Shellfish Implementahon Plan, as rncorporated mto the
restatement of those sechons rn Attachment A, resolve Nsues (1) and (2) remanded from the Ninth
Crcurt Court of Appeals, as descnbed above, such that Attachment A should be entered as an Order of
the Court amending the Shellfistr Implementation Plan found at 898 F.Supp. 1453, 1463 et seq.
2. All partres strpulate that the reusron of sechon 9, as incorporated into the restateme,nt of that
section in Attachment A, resolves issue (3) remanded from the Nmth Crcurt Court of Appeals, as
descnbed above, such that Attaohment A should be entered as an Order of the Court amendrng the
Shellfish Implementatron Plan found at 898 F.Supp 1453, L463 et seq
STIPI.]LATION AND ORDER AMENDING
SHELLFISH IMPLEMENTATION PLAN - 2
Kanlr & Katzen, PLL(
720 Thrrd Avenue, Sute 150(
Seattle, WA 981&
206-34+810(
wsBA # 783:
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Apr-08-0? ro,arg"r"i2g1s-rr|l$d$o$-ns^,r Document 143dirttffl3tJ oqoytoz
ti']b" \olflr ''0"
ORDER
IT IS HBREBY OBDERED:
' the Shcllfntr lrnptcsulruatisn Ptaq g9S F.Supp. 1453. t463 el tq.,is hcreby ancndcdto rcrd,
Etatcd in Araphrnerrr A o $is Stiyniluuonrd Ordor.
DONE thls ffl dry of 2002,
Frescntd by:
TI{E UNTTED STATES OFAMERICA Plaiaitf,
By;
c.
.tscistut Cbief, Ildian Rc:ouraes Scction
Unild Statss Dcparrct of trrxtircc
PI.AIN T IFF.INTERVEN OR TRIBES
BY:
I&!ji & Karzctrr PLLC
By'
Morirscl Selrtorur Aycr ct al.
STIPL,IAXION A}.'D ORDEN, AMSTJDI NG
$}IELI,FI8H IMPLEME}.TTATTON PI.AT{ - 3
U$irpd StarorDimicr
Cowrcel
Krgr&Keuon,
720 t,ltid Avcmr+ $rtu
so.dq WA ttl04
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Case 2:89-sp-00003-RSM Document L4331 Filed 04/08/02 Page 4 oI27
THE STATE OF WASHINGTON, Defendant
A. Love, WSBA #25281
Assrstant Attomey General
Washington Attomey General's Oflice
PUGET SOTJND SIIELLFISH GROWERS, Defendant-Intsrvenors
By
By'Itt e,rl t.1,,;*" I u.p^-
Mrchael Hrmes, WSBA #19423
Perkins Core
ALEXAI{DER, et al., Defendant-Intervenors
By:
WSBA #4355
Edwards, Sieh, Smrth & Goodftend
ADKINS, et al., Defendant-Intsrvenors
")
By'
Enc Rrohter, WSBA #6978
Hcnke & Rrchter
STIPULATION AND ORDER AMENDING
SIIELLFISH IMPLEMENTATION PLAN - 4
Ifunp & Katzcn, PLLC
720 Thud Avurue, Surte 1500
Seattle, WA98l04
206-344-8100
wsBA # 7835
(
I
t
I. INTRODUCTION1.1 Objectives of Plan.
The pnmary ob.lective of this Implementation Plan is to provrde a framework, pnncrples,
and course of action for effecflve cooperatrve managernent of the shellfish resources subject to
Treaty harvest under the Court's decision of Decernbe r 20, L994.In effectuahng the nghts of the
Tnbes to take shellfish under the Treaties, this Order also recogruzes the State's responsrbiiitres
for conservatron of pubhc shellfish resources, subject to the Treaty right to take fish at usual and
accustorned places.
L.2 Goals and Procedures.
The Implernentahon Plan calls for interim and then long term management plans. The
management plans are to provrde both Treaty and non-Treaty shellfishers, sub;ect to ttrerr
respective regulatory authonties, the opportunity to hawest theu respectrve shares in an orderly
manner, consrstent wrth resource protechon. The Plan also provides specific procedures for tnbal
and non-tnbal harvest on State and private lands and waters. To the extent specific procedures in
secuon 6 (apphcable to commercial Shellfish Growers) and 7 (applicable to Private Property
Owners) conflict with general provisrons of the Plan, the relevant specific provisions apply to the
Growers and Owners, respectrvely.
1.3 Applicatlon of Law.
All provrsrons of this Plan and all management plans ttrat are developed frcm it must
comply with the Court's December 20,1994 decision. No part of thrs plan rs intended to repeal
any prior decision in United States v Washrngton.
I 4 Requirement of Coordlnatlon Among Tribes.
The Tribes will be responsrble for coordination with all affected Tnbes rn the
development of rnanagement plans or comphance wrth the mtenm plan, below. This
roquirernent, however, shall not reheve any party of the obhgation to give auy notrce requred
herem to any alfected party.
Case 2:89-sp-00003-RSM Document 1-4331- Filed 04/08/02 Page 5 of 27
ATTACHMENT A TO STIPULATION AI\[D ORDEB AMqNDING SEPLLFISH
rMPUq!,rEIiTATrON PLAFI
REVISED SIIELLFTSH IMPLEMENTATION PLAI\
1.5 Tribes Bound.
The Tribes bound by this implementation plan are. Lum:ru, Nooksack, Upper Skagit,
Swinomish, T\rlalip, Muckleshoot, Suquamrsh, Puyallup, Nrsqually, Squaxin Island, Skokomish,
Port Gamble SKlallam, Jamestown S'Klallam, Lower Elwha SKlallam, Makah, Hoh,
Strllaguamish, Sauk Surattle and Quileute. Other Tnbes may become signatories to thrs Plan by
the agreement of all partes to the PIan or by order of the Court
1.6 Shellfish Senitation Consent Decree.
The Consent Decree Regarding Shellfish Sanitation lszues, entered by the Court on May
4, L994, specifies those public health requireme,nts to be applied to Treaty shellfishing activities
and establishes an intergovemmental, cooperative system for monitoring, enforcement, and
dispute resoluEon, This Implemerntation Plaq along wrth all management plans and agreements
reached pursuant to rt, shall be developed, applied and mterpreted in a manner consrstent with
that Consent Decree
1.7 Status of Headlngs.
The headrngs m thrs Implerne,ntation Plan are for the converuence of the reader and are
not mtended to change the zubstance of the Plan.
ATTACHMENTAi
REVTSED SIIELLFISH
IMPLEMEMATION PLAN
I
l
Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 6 of 27
2. PRINCIPLES OT'SHARING THE SHELLF'ISH RESOURCE.
2.1 Effective Date of Allocrtioul Mandating Equitable Adjustments.
The effecbve date of thrs Implementation Plan for prrposes of calculating allocation of
shellfish between tribal and nontribal harvest shall be the date of thrs ffier, unless otherwise
agreed between the State and Tribes. Wrth respect to shelllish on the Growers' and Owners'
property, the allocatron between nibal and non-tnbal harvest shall commence on the date a Tnbe
gres notice purcuant to Plan secfions 6.1 and 7.1, respectively.
2.2 Cooperative Management.
Where data rs not available to determine the total allowable hawest for purposes of
allocation between the Tribes and State, the Tribes and State shall develop a cooperahve
approach to management with the goal of maximizing harvest and equahzing allocaton,
conststent wrth conservatron of the resource. Thts shall apply for both interim and permanent
management plans and agreements.
2.3 Sustalnable Harvest Biomass.
"Sustamable harvest bromass" means ttre approximate portion of a shellfish resource that
can be harvested from a shellfish populatron on an iurnual basis in perpetuity. It is analogous to
the "sustained yield" or "harrestable surplus" that brologrsts, usrng sound and accepted
management methods, determine can be harvested from a shellfish bed, or mobile shellfish
populafion, whrle preservrng the ability of the remaining shellfish populatron to maintam annual
production of the sustarnable harvest bromass m perpetuty For certain species, such as crab and
shrimp, the sustarnable harvest bromass may be achieved by agreed restrctions on the slze or sex
takerU and/or quantrty or location by limitinglhe t)?e of gear used for the fishery, enzuring that a
portron of the biomass remains unharvested.'"
2.4 ManagementObJectives.
"Managerne,nt Objectives" means the objechves of each party to meet ther reqpective
goals using their share of the harvestable surplus of the resource and the biological goals for the
continued long term health of the rrsource.
2 5 Sharing Provisions.
Each Tnbe may take, from natural beds, up to fifty percont of the sustainable haryest
biomass of any shellfish specrcs withrn the usual and accustomed areas for that Tnbe. The
sharing shall be achreved by coordrnated management plans Such straring shall be subject to the
following provlstons:
a. Sharing Sustainable Harvest Biomass. The sustamable harvest biomass of a
shellfish bsd or shellfish resource subject to the Treaty right shall be determrned on an
annualized basis or other agreed periodic basis, The shanng of shellfish shall take mto account
all commercral and non- commercral harvests from the susainable biomass of shellfish. For
22 Thrs defimtron corresponds with the relief provided for tribal harvest of anadromous fish:
tle oourt defined the harvestable number of lish in terms of that amount that would not rmpar
the amount of fish needed to maintain the run at existing levels. See generally Washtngton 1,384
F.Supp. at 405-407, 409, 417 .
This definition, however, is rntended to apply to the order shanng shellfish harvests, not
to change existing standards regardrng the limrted application of state laws to treaty Indians
exercrsing teaty fishrng rights.
ATTACI4TIE-NTA:
RE\ISED SIMLLFISH
IMPLEMENTATION PLAT\I
a
Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 7 oI 27
23 Where a shellfish bed straddles
section apply to the shellfish on pubhc
24 For purposes of this Implementation Plan, "public land(s)" means any land owned by the
State, or any of rts subdrvrsrons or age,ncies, unless such land ts berng leased to a Shellfish
Grower.
ATTACHMENTAi
REVISED SIIELLESH
IMPLEMENTATION PLAIY
t
intertidal areas, the sustainable harvest biomqqs strall be shared on a bed by bed basis,23 or on
other estabhshed boundanes of a pubhc landu parcel for sharing the shellfish. Wherethe
sustainable harvest btomass cannot be calculated for a species or area, the harvestable amount to
be shared shall be determined using the best fistrery management rnformation and practices that
ensure conservatron and marntarn productron of shellfish m the area harvested.
b. Adlusting Imbalances. Unless otherwise agreed, all managernent plans adopted
purcuant to this Implementatron Plan shall include provisions for addressing unbalances in
harvest where a party was not afforded the opportunity to attarn its share The means for
addressmg imbalances may vary depe,ndrng upon the species, the managernent technrques used
for specific fishenes, and management imprecisions.
. c. Independent Management Drscre[on The State and affected Tribe(s) shall have
discretion to decrde their respectrve management objectives for the harvest of ther iespechve
shates, whether commercial, recreatronal, ceremotual, or subsistence use.
d. Overlapprng Usual And Accustomed Areas. Where two or more Tribes have
overlapping usual and accustomed areas, then ttre combination of tnbal hawesting shall not
exceed fifty percent of the sustamable harvest biomass, leaving at least fifty percent of the
sustainable harvest bromass for non-lndian rnanagernent.
e. tntertnbal Allocatron. Allocating the tribal share arnong affected Tnbes shall be
determrned by the affected Tnbes, with the interribal agreement as appropnate provided to the
State. Lack of an intertribal sharing agreement strall not entrtle a combinaiion ofTnbes to take
more than fifly percent of the zustamable harvest bromass of strellfish in a gren area.
f. Equal Oppornrnity. In sharing the opportunrfy for harvest of a shellfish resource,
the State and Tnbe may also consider the time of fishrng, quahty of the shellfish, ease of
harvesling, and catch per umt effort for the shellfish involved to ensure that there is equal sharing
of the harvest opporturuty.
_ 9.. Polluted Shellfish And Shellfistr Not Avarlable. In allocating the sustainable
harvest biomass between the State and affected Tribe(s), shellfish beds thaf are not presently
harvestable due to pollution, development, or other physical causes shall not be counted in ihe
biomass of shellfish beds which can be harvested. This shall not prevent a relay harvest of
polluted shellfish in accordance wrth the Consent Decree Regarding Shellfish Sanitanon Issues.
Any such relay harvest from a polluted shellfish bed shall be accounted for and allocated
separately from sharing of shellfish beds that are approved under Consent Decree.
h Planted Oyster Beds. Oysters planted on pubhc lands, such as on certain State
Parks, that would not exrst but for the State having plankd ttrose oysters are not sub;ect to a
fribal share. The Treatres drd not reserye any right to such artrficral oyster beds.
i. Beds Staked And Cultrvated To the extent that any shellfish bed on pubhc land rs
within the definitron of "any beds staked or cultivated by crhzens" rn the Court's relief apphcable
publicly and privately owned land, the provlsrons of this
land only.
3
t Case 2:89-sp-00003-RSM Document t433L Filed 04/08/02 Page 8 of 27I
to commercral Shellfish Growers, then such shellfish beds on publtc lands are not zublect to
tnbal shanng.
Further, the provrsrons of section 6.3, related to the creation of new artificial beds, are
applicable if the State proposos to create any nsw arhficral beds on public land.
3. LONG.TERM AI\[D INTERIM MANAGEMENT PLAI\S FOR TIIE SIIARING
OF SIIELLFISH RESOURCES ON PUBLIC LAI\IDS OR IN PTJBLIC WATERS.
3 I Management Plans.
-Ultimately, fibal and non-trbal harvests of she[-fish on public lands and from pubhc
waterszs wrll takrjfilace pursuant to management plans.26 Ttrose rnanagement plans wiil be
developed between the Tnbes and State on a government-to-government basis Onoe agreed by
the parties to.*r.e g[n, each such m-anagement3l* rhfl!b1e.ffeqgive without frrther approval of
the Court and shall have the same force and effect as this Order.'
3.2 Haryests Included.
All tnbal harvests of shellfish by Tnbes partlclpatng rn this Implementation Plan, and all
non-tnbal hawests in areas mcluded wrthin the collective uzual and accustomed grounds and
stations of the Tnbes participating in this Impleme,ntatton Plan, wrll be subject to management
plans adopted pursuant to this Implementatron Plan
3.3 Interlm Plan Needed.
Because development of managcment plans ts a long tsrrn process, an mtenm plan rs
needed to govem all shellfishenes pending adoption of permanent plans.
4. INTERIM PLA}I FOR STATE AI{D TRIBAL HARYEST OF SIMLLFISII ON
PUBLIC LANDS OR F'ROM PUBLIC WATERS.
4.1 Scope of Interim Plan.
This interim plan sball govern shellfisheries from the date of entry of thrs fuer until
permanent or long term management plans are adopted for partrcular species of shellfish. The
interim plan sets out procedures all persons and parties covered by thrs [mplementation Plan
shall follow until permanent or long term managementplans are adopted.
4.2 Closure of Commercial Shellfisheries.
The State and Tribes shall close all comrnercial shellfisheries and prohibit the
commercial landrng of all shellfish on public lands or from pubhc waters, within thirty days after
27 To the extent the parties have already entered interirn agreements, those agreememts have
the same status as futnre management plans or agreements under ttus Plan.
2s The relief provided in the above secfion apphes to all sheltfish species located on or in all
public owued lands, (such as clams, oysters, geoduck clams, and mussels that are e,mbedded rn or
attached to pubhc owned lands), and to all mobile shellfish species that live in the waters of the
State, (zuch as crab, shnmp, sea cucumber, sea urchin, squid, octopus, and others)
Separate provisions of the Implerne,ntatron Plan define the State's role in tibal harvest of
shellfish on private tidelands, or commercral Shellfish Grower lands.
26 As rndrcated in $ 7, such interim and long-term management plans shall also contain
provmrons specifically applicable to hanrest fromnon-commercral, privately owned tidelands.
ATTACHMENTA:
REVISED SEELLF'ISH
IMPLEMENTATION PLAII
4
entry of this ffier, except where a signed interim agreement between the State and all affected
Tnbes rs m place regarding a specifio oommercial shellfishery.
43 AdjustingNon-commerclalFlsheries.
After enty of thrs Order, the State shall a{ust non-commercial shellfishe,nes wrthn
forty-five days after any Tnbe makes a writte,n request to the Washrngton Departnent of Fish
and Wildlife (WDF!V) to do so, f necessary to €nsure that no more than fifty pcrcent of the
har:sestable amountwrll be taken by tribal or non-ttbal fishenes, rncluding commercial and non-
commercnl combined. A dispute over the necessrty or extent of the adjustnent to bo made shall
be subjeot to the drspute resoluton procedure of secttons 4.7 and 4 8.
4.4 Shelllish Beds Wfth Inadequate Datr.
For beaches where data rs not avarlable for determining the sustarnable harvest biomass
and allocation between the State and all affected Tnbes, ttre affected Tribes and the State wrll:a. manage the beach to allow for affected Tribes to take up to fifty perce,nt of the
prntly estrmated shelllish harvest opporturty rmtl more specific data rs avarlable.b. lorntly identi$ shellfish beds needurg a survey and develop a pnontized list and
time line to complete surveys and provide for more accurate management and sharing on these
beaches, wrthrn eflicient biological management.
4.5 Opening A Fishery By Agreement.
Where no mtenm agreement is in place thrty days after ttre entry of thrs Order, a
shellfishery closed or adlusted pursuant to section 4.2 or 4.3 may only be opened or enlarged
after compliance wrth the procedures in section 4.6. Shellfisheries may proceed at any time,
however, if agreement rs rtached between the State and all affected Tribes, notwrthstanding the
procedures otherurise apphcable under this section.
4.6 Opening A Fishery Wlthout Agreement.
Where the State or a Tribe desires to open or enlarge a shellfishery that has bee,n closed
or ad;usted pursusnt to section 4.2 or 4.3, it shall comply with the followrng procedure (unless an
rnterim agreement ts rn place):&. Before proceeding, the State and all affected Tribes shall confer at least one tlme
in an e{fort to reach agreement regarding the proposed fishery.b, Faling agreement, the party (Tribe(s) or State) proposmg to open the fishery shall
provide to the other party a proposed regulation for the fishery, rn writing, at least fourteen days
before the fishery rs scheduled to begin. The party proposing the harvest shall be able to provrde
a sound fisheries rranagement basis for a determrnaton that a harvestable surplus exists and that
a fishery can be operated that will not interfere wrth the sharing principles ordered by thrs Court
However, this is not mtended to shift the burde,ns, descnbed below, assocrated with conteshng a
frshery. The regulation (or other documenB provided wrth the regulation) shall contain, at a
mlrumum, the following information:
(l) The dates and hours the fishery wtll be open;
(2) The catch area(s) open for harvest;
(3) The type of fishery to be opened (commerciai or non-commercial);
(a) The species to be taken, including an estrmate of or upper hmit on the amount
to be taken and the basis of the estimate;
(5) The estimated effort;
(6) The gear to be allowed,
(7) Provrsrons for record keeping and harvest reportlng, rncluding a schedule to
ensure a trmely exchange of information; and
Case 2:89-sp-00003-RSM Document 14331 Filed 04/08/02 Page 9 of 27
ATTACEUDNTA:
REVISED SIIELLFISH
IMPLEMENTATION PLAI{
5
Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 10 of 27
(8) AnV other informatron necessary for a specific fishery (such as, for example,
daily hmits for non-commercial frstreries)
In additron, mformation regardrng enforcernent and momtorrng plans for the fishery shall
be avarlable to the State or Tnbes upon request.
4.7 Contesting State or Trtbsl Regulatlons and Dispute Resolufion.
A Tribe or the State may oblect to a proposed regulaton. The party objectrng must state
the ob;echon in wnhng and serve it on the eirhty proposmg the fishery not more than ten d-ays
after recerpt of the regulaton, and at least three workrng days before the fishery rs scheduled to
begrn. The objection must be based on a well-founded assertion that the proposed regulation
would result rn:
(l) an overharvest on an allocation or conseryahon basis in vrolation of the standards set
by the Court in Unted States v Washmgton, or other conservation standards agreed to by the
State and affected Tnbes; or
(2) othenrise vrolate this Impleme,ntation Plan or other applicable orders of the Cotrt.
The objectron must state the reasoDs for the objectron, the data on whrch it is based, and any
other pertinent rnformation avalable to the ob;ecting party.
4.9 Obligation to Adjust Cetch ud Comply With Sharing Order.
Where there rs a shellfish harvest wrthout agreement, the State or affected Tnbe(s) shall
erther comply with this sechon as needed, or contest the regulation as provrded above. When a
Tnbe authorizes the harvest of shellfish wrthout agreement, then tho State shall reduce or adjust
State regulated harvests as necessary to allow for the proposed tribal harvest. State regulated
harvests shall not take a tribal share of shellfish as defined by the shanng principles, above.
Tnbal or State fishenes opened under ttus subsection shall not exceed the tnbal or State share
authonzed by this Court and shall be adjusted by the Magistrate Judge (or Technical Advrsor, if
applicable) , rf necessary, to comply wrth and not exceed the tnbal or State share.
4.10 Trlbal Ceremonlal ShelUlsh Hanests.
Notwrthstanding the provrcrons of section 4.2 through 4.9, a Tribe may open a fishery for
unantrcipated ceremonral purposes by emergency regulatron for a spectfic tlme period and for a
specific allowable harvest amount.
5. DEVELOPMENT OF PERMANENT PLAIYS TO GOVERN STATE AI{D
TRIBAL EARVESTS OF SIIELLF'ISE FROM PUBLIC LAI\DS OR PUBLIC
WATERS.
ATTACHMENTA: 6
REYISED SIfi'LLFISH
IMPLEMENTATION PLAN
shall unhl a
to fish
r Case 2:89-sp-00003-RSM Document 14331 Filed 04/08/02 Page LL of 27t
5.1 Order to Develop Plans.
Long term management plans shall be developed separately for each species of shellfish
(or groups of related species, such as all srab species) for which fishenes are to take place on
public lands or from pubhc waters. Those management plans may be divided ruto sub-plans for
specific geographrc regrons, for types of fisheries (commercial, non-commercial; subtidal,
intertidal; etc.), or on any other agreed basis. Each managernent plan shall govem both tibal and
State shellfisheries. Unless otherwise agreed, each managernent plan shall be subject to
comprehenslve revlew and agreement by the State and Tribes every five years
5.2 Order to Share Informaflon and Establish Plannlng Committees.
The Sate and Tnbes shall exchange all avarlable information in eiiher side's possession
regardmg the status of shellfish populatrons and fisheries takrng place on those populatrons, m
response to reasonable requests for the same, to assist in carrying out therr managoment
responsrbrlrtres.
5.3 Jolnt Technicsl Working Committee.
In addthon, the State and Tnbes shall establtsh a;ornt technical working commrttse to
perform tasks, includrng the followrng:
a. Exchange and rcnew new and exrsting information;
b Estabhsh assessment methodologres;
c. Identiff and prioritize management needs;
d. Develop annual or other penodrc management plans.
5.4 Elements of permanent plans.
ln addrtron to complyrng wrttr the allocation orr(lered by ttre Court or otherwise agreeing,
certam basic elernents should be included in all rnanagement plans between State and Tnbe(s).
Those elements rnclude.
a. Definitrons of relevant terms.
b. Prooedures for identificahon of the location of shellfish resources.
c. Prooedures for assesstng and estirnahng shellfish populations and the sustainable
harvest biomass.
d. ldentifrcatron of geographic boundaries to be used for management and allocatron of
shellfish harvests (management or allocahon "units"), rncludrng procedures for how and when
boundanes can be modified once adopted.
e. ldenhficaton of management periods and the duratron of management plans.
f. Procedures for estabhshrng the amount to be harvested from each management area.
g. Procedures for establishing how allocations will be measured for each management or
allooahon untt. [n intertidal areas, unless otherwise agreed or determmed by the Court, harvest
management shall aflord both Treaty and non-Treaty harvesters the opportunity to harvest fifty
percent of the harvestable shellfish resourre on each public beach, or hdeland parcel havrng
estabLshed or agreed boundanes, so long as consmtent with public health and conservation
requirements,
h. hocedures for enactrng pre-season and in-season regulations. These will include the
amount of nohce to be giveir before a fishcry begins and requirements for exchanges of
information.
r Provisions regarrdrng the content of regulations. At a minirnunl these will include
identificatron of the managemexrt plan under which the regulatron is rssued, tho specres to be
harvosted, the harvest areas, the purpose of the hawest, the gear to be used, the expected effort,
the expected harvest, and the dates and trmes of opening and closrng of the fisheries. Unless
addressed in a Tnbal Ordinance, the regulations will also rdentrfr the monitonng system to be
used.
j. Provrsions regarding law enforcernent for Treaty and non-Treaty shellfishrng.ATTAC-HMENTA: 7
REYISED SIIELLFISH
MPLEMENTATION PLAN
Case 2:89-sp-00003-RSM Document 1433L Filed 04/08/02 Page L2 ot 27
k. Provisions for record keeprng and harvest reporting shall include: commercial WDFW
shellfish recerving trckets, Treaty lndian receiving tickets, agreed sport hawest estimates, and
agreed Treaty Ceremonial and Subsrstence estimates.
I Provrsrons for rdentrficatron of tribally authonzed harvesters taking shellfish and tribal
representatives engaged rtr surveys, population estimates, and other management activities,
including tnbal fish managers, as well as ribal enforcement personnel.
m. Provrsrons for modificahons of managernent plans.
6 COMMERCIAL SMLLFISH GROWERS.
The partres are bound by the defimflons prescnbed by the Court in thrs Order, the
December 20,1994 and August 28, 1995 Memorandum Decisions and Orders, and theNrnth
Crcurt decrsron, as amended September 25, 1998; and any other relevant order in United States
v. lilasfungton In addrf,on, the partres will agree to a chart showmg the minimum densrty of
commercial shellfish specles needed to establish the exrstence of a nahral bed (i.e., able to
support a commercial livelihood on a sustarnable basis) of shellfish, referred to herea^fter as
Exhrbrt A, The values included rn Exhibit A shall hereafterbe referred to as the 'hatural bed
thresholds". The specres to be included rn Exhibrt A u/ill be agreed to, but wrll rnclude at least
Mamla clams, nahve Lfileneck clams, butter clams, horse clams, Pacific oysters, Olympra
oysters, geoducks, eastern softshell clams and cockles. The natural bed threshold for each
specres wrll be detennined by geographic regions as agreed by the parties, and by ttme intervals
set forth in Exhibit A or otherwise agreed on by the parties The parfies shall also agree on what
constitutes a sustarnable commercial harvest, utcludrng the appropnate hmc intenral for
harvesting to conshfute a sustainable commercial harvest, for each specres and region The
parties shall have sx months frorn the date of this Order to reach agr€ement on all these matters.
Any disagreements remainmg after six montbs regardrng the species, geographtc regions, fime
mtervals, what constlfutes a sustainable commercral harvest, or the natural bed threshold for any
particular species, region and time interval, shall be resolved by the drspute resolution procedure
of $ 9, except that the partes wrll be permitted a full opporhrnity to engage rn all drscovaT
perrnitted by the Federal Rules of Civil Procedure as well as to prese,nt expert tesumony Upon
completion of Exhibit A, by agreernent or dispute resoluton, the trme penod set forlh in $6.1.4
shall commence.
6.1. Determineflon Of Tribal She[fish Allocation on Grower Beds.
Determinahon of the quantrty of shelllish a Tnbe rs enhtled to harvest from natural beds
or enhanced natural beds (i.e., natural beds enhanced by Growers) on property owned or
conholled by a Grower is tnggered by nohce to the Grower of the Tnbe's rnterost in
cotrrmencmg haryest,
6 1 1 Any Tnbe rnterested in corlmencrng harvest on property owned or
confrolledby a Grower shall provide notice ("HarvestNotrce") to every other affected
Tribe and to the Grower. The notlce shall specifr the partrcular property owned or
controlled by the Grower upon which harvest is requested to occur, and shall include the
rutme, sheeland marhng address, and telephone number of a trbal representative. Each
such notce, and all information recerved by the Tribe(s) pursuant to the below, shall be
made sub3ect to a nondisclosure agrecment in a form to be agreed upon by the parties.
The Grower shall provrde ttre informaion required by this $ 6.1.1 Hanest Nofice
to the Tnbes in writing within sixty days of the receipt of any such tnbal notice,
ATTACIIMENTA:
REYISED SIIELLTISH
IMPLEMENTATION PLAI\I
8
t
Case 2:89-sp-00003-RSM Document 1-4331 Filed 04/08/02 Page 13 of 27
In addition, the Tnbes shall be given the opportunity to inspect the beds located
on the land owned or controlled by the Growers. The Tnbes shall grve the Grower
fourteen calendar days notice pnor to the proposed date ofrnspectron ("Inspechon
Nohce"). The inspei:tion shall occur as noticed by the Tribes and shall take place at a
reasonable trme. The Grower may accompany the tnbal representatives during the
inspection.
Upon recerpt of a Harvest Notice the Grower shall provide tle requeshng Tnbe
with the followrng:
a. A description of how the Grower demaroates portrons of the
Grower's property for purpose of managing or keeping records of shellfishrng
activities. @ach separately demarcated area shall be referred to as a
"management unit" for purposes of thrs Implementaton Plan.)
b, The specific location of each management unrt on the Grower's
property.
c. For each commercial speoies hsted in Exhtbit A, on each
management unit, the Grower shall determine if the sustainable yield densrty (i.e.,
the quantrty of mature marketable shellfish per square foot that could be harvested
on a sustainable basis) at the tme enhancernent began exceeded the natural bed
threshold identlfied rn Exhibit A for the correspondmg trme period and reglon. If
it rs estabhshed by agreement or dispute resolution that a shellfish bed had less
than ttre natural bed threshold set forth rn Exhibit A at the time that enhancement
actrutes began, any zuch bed strall be deemed arhficral The Grower shall
specify the basis for hrs or her assertions, including all rnformation used to
determme whether a natural bed was present pnor to the trme enhancement beg*.
d. For beds asserted to be natural beds (i.e., exceedrng the natural bed
identified rn Exhrbrt A), the Grower shall speci$ the quantity of shellfish that the
Grower asserts could be harvested on a sustainable basis, absent the Grower's and
pnor Growers' current and historic enhancemenUculhvahon activities, and the
basis for that assertion. The Grower's operatrons are not required to cease or be
changed m any way whrle the sustainable harvest level is berng determrned.
e. Shellfish beds shall be presumed to be artificial (and accordingly
not subject to tibal harvest) for all management unrts where the Grower certifies
that the only shellfish beds present are the result of off-bottom or an equrvalont
form of cultrvahon
6.1.2 The Tnbes shall revrew the Harvest Notice data pmvided by the Growe(s)
rn $6.1.1, and any certification under $6.1.1(e), and may conduct an tnqpectton of the
beds, if any, within one year of recept of the Harvest Nohce data. A Tribe maa also
request that the Growerprovide all or some of the informatron described rn subsecfions
6.1.2(a) throug[ (d), if necessary for the Tnbe(s) to determrne whether to accept the
Grower's asserhons regarding the existence of a natural bed or the sustainable harvest
that would exrst absent the Grower's and prior Growers' current and histonc
enhancernenUsulfivahon activities. That infonnation shall be provtded withm 90 days of
such a request Unless the Grower's submrssron under subsection 6,1.I is disputed iu
wntrng by a Tnbe wrthin the one-year period after recetpt of Harvest Notice data, 4*itg
whrchbn'e-year period the Tribes may evaluate any mformauon provided and conduct
any rnspection upon a proper lnspecfion Notice, the Grower's submission provided under
$ 6.1 . I shall be final and conclusrve .
ATTACHMENTA:
REYTSEI' SIIELLFISII
IMPL,EMENTATION PLAI\
9
Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page L4 of 27
:t. The nahre and extent of all enhancement activrhes undertaken by
the Grower and prior Growers' since enhancernent began, if any, along with all
documentation of such enhancement activities rn the possession of the Grower.
b. To the extent that any of the shellfish present on any management
unit are the result of seeding or transplanting of shellfish from other locations, the
Grower shall provide all documentation in the Grcwer's possession relatrng to the
dates and quairtrties of all such seedrng and transplantation. The sourse of-the
seed or fransplanted shellfish shall also be rdentrfied, includrng specifically the
management untt of that Grower's pmpsrty f such property was the source of the
seed or shel.lfish.
c. All harvest records in the Crrower's possessron for each
management untt, by species. All harvest records that are not specific to
parhcular management units shall also be provide{ along wrth any informanon
the Grower posse$ses regarding which managsment unit or unrts the shellfish
were harvested frorn.
d All other informatton m the Grower's possession that rs relevant to
(a) each asserhon under $6,LI that no natural bed of any specres was present at a
partrcular locaton when the Grower began cultivatron or enhancerne,nt activities
at that management umt, and O) the sustamable yteld of each natural bed of any
specres that would exist absent the Grower's and pnor Growers' current and
hrstonc cultivafion/enhancement actrvrhes at that rnanagement unit.
6 I 3 If the parties agree on the location of any natural or enhanced natural beds and the
quanhty of tribal harvest permitted from each such bed, harvest shall commence
accordrng to the provisions specrfied in $6.2. Hsrvest shall also commence to the extent
that thcre rs agreement as to any bed or group of beds, meaning that the parties need not
be in full agreement wrth respect to all beds priorto begrnning any harvest. The quanhty
of tnbal hanrest permrtted from each enhanced natural bed shall be frfly percent of the
sustainable shellfish production (yreld) from zuch beds that would exist absent the
Grower's and pnor Grower's cunent and histonc enhancernent/cultrvation activities. For
exarnple, if ten clams p€r square foot were a sustarnable yield sufficrent to support a
commercial livelihood at the time that enhancement begar5 and rf a 100 square foot
Crower's bed yielded ten clams per square foot on a sustainable basis absent the Growe/s
efforts to enhance the output (1000 clams), and that same bed produces fifty clams per
square foot as a result of the Grower's labor (5000 clams), the Tribes would be entitled to
fifty percent of the 1000 clams or 500 clarns The sustainable hawestable level shall not
mclude shellfish found rn areas that are closed to shellfishrng due to pollution,
To the extent of any drsagreernent whrch ttre parties are unable to work out
themselves, the partles shall submit the rssue to the dispute resolution prooedure of $ 9.
The bwden of proof whether abed is artificial, and the amormt of sustainable shellfish
producfion that would sxrst absent a Grower's and pnor Growers' ourrent and hrstoric
enhancernenUcultrvation acflvrties, strall be on the Growers.
6.1 4 Times When The Tribes May GivoNotice Uuder $6.1.1.
Tribes rmtrally have one year after the completron of Exhrbrt A to give a harvest nohce
pursuant to $ 6.1.1 to Growers subject to the Implementafion Plan. After that one-year
period, a Grower may operate free of additional notices of tnbal claims for a three-year
period. At the end of such three-year period, the Tribes shall have a ninety-day penod
during whrch they may provrde notrce pursuant to $ 6.1. above. At the end of the nrnety-
ATTACHMEM A:
REYISM SHELIJISH
IMPLEMENTATIONPLA}[
l0
Case 2:89-sp-00003-RSM Document 1433t Filed 04/08/02 Page 15 of 27
6.2 Ilarrest Plans.
day period, the Grower shall again have a three-year period free from additional trrbal
notices or clauns The mnety-day open penod for grvrng notice rmder $ 6.1 shall
continue to alte'rnate thereafter wittr a three-year period during which no such notice may
be grven
Dunng the mnety-day penod avarlable for Tribes to glve a Harvest Notice
pursuantto $ 6l I eitheraTnbeoraGrowermayalsogvenoticerequestingachangern
the prevrously agreed or estabhshed tibd harvest allocatron. Such notce of a requested
change must be based upon a change in cirsumstances affecting the harvestable quarfity
of shellfish that would be present absent the Growe/s and pnor Growers' curr€nt and
hrtonc enhancement/cultvation activrties. The party assertmg the change of
crsumstances will have the burden of proof to establish the change in crcumstances and
the burden of proof to estabhsh the new amount of the allocation
Not later than thirty days after a final determrnatron has been urado of the locaton
of one or more natural beds or enhanced natural beds and the sustainable lurvestable
quantity of shellfish that could be taken from such natural beds or enhanced natural beds
absent the Grower's and pnor Growers' cun€nt and historic enhance,menUcultivatrou
activrtes, whether by agreement or through drspute resolution, the Grower and affected
Tribe(s) shall coordinate the dwelopment of a harvest plan.
The harvest plan shall contaur, at a minrmurn, the following: (l) the times for
tibal hawest; (2) the specres and arnsunt of shellfish and the location from whrch they
are to be harvested, (3) the number of tribal harvesters that can safely be present on a bed
to conduct a harvest; (4) the appropriate method of access that wtll avoid damage to the
Grower's crops; (5) the mettrod of harvest, e.g., blanket or spot diggmg; (6) a process for
notlficahon and change of harvest plan due to unusual crcurnstances and/or catastrophic
mortalrtres.
The Tribe(s) must complete ib harvest of allotted shellfish during tbe time penod
prescnbed rn the hanrest plan and shall not be pcrmrtted to make up any shortfall rn
future hawest periods exoept to the extent otherwise permrtted in the hanest plan itself.
The harvest plan shall be compahble with the Grower's fanning operahons and
protect the Growsl's crops while respectrng the Eibal teaty right to harvest ftorn natural
beds. The harvest plan shall not impose any more restrictions on the Tnbe(s) than are
necessary to protect the Growet's operations and crops from harm. To mrnrmze rmpact
to a Grower's beds, a Grower and the Tribe(s) may agree that the tnbal allocation from a
partrcular Management Unrt be taken from any alternative Manageme,nt Urut under that
Grolver's control, provrded it is wrthm the affected Tnbe(s) usual and accustomed
harvest areas and the density, qualrty and accessibrhty is equal or better than the
Management Unit where the natual bed is located. Where the harvest of the natural bed
would cause nreparable harm to a Grower's artificral or enhanced natural bed to the point
that the Grower in good faith wrll not hanrest the natural bed, the harvest plan need not
provide for tnbal harvest from thatnatural bed. The following are rllustative of zuch
circumstances
a. An artificial bed of Manila clarns cultivated over natual beds of butter or
horse clams. Where typically there are multiple year classes of Manila clams in a bed at
any one time and the Grower harvests only the mafure clarns periodrcally and leaves
ATTACHMENTA:
REYTSED SM,LLFISH
IMPLEMENTATION PII\N
ll
Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page LO ot 27
young clams behrnd to mature, the harvest of deep horse or butter clarns would cause
severe damage to the shallow Manrla clams on top
b A natural bed of Manila clams under an artificnl bed of Olympra oysters.
Olympra oyster beds are conunually culled and only adult oysters are harvested The bed
rs never completely barren of Olympra oysters and thus there can be no access to clams
undemeath such oysters wrthout risk of severe darnage to the oysters.
c. When a Grower rn good faith does not harvest his or her artificial or
enhanced natural bed while awarting changes in market condifions and harvest of the
underlying natural bed would cause severe damage to the artrficial or enhanced natural
bed.
If the Grower and affected Tribe(s) are unable to negotrate an accepbble harvest
plan wrthin a reasonable penod of fime, the matter may be submrtted for disput,e
resolutlon pursuant to $9.
The Tnbes wrll be responsrble for coordrnation of the development and
implementatron of harvest plans wrth all Tribes with a nght to harvest shellfish from a
partioular Growe(s) If, dunng any harvest, the Tnbe takes shellfish from beyond the
agreed upon borrndanes or causes any damage to the Grower's property, the parties shall
attempt to resolve the matter rnformally, If ttrere rs no resolution, the partres shall submit
the matter to fuspute resoluhon pursuant to $ 9. Growsrs shall have no duty of care for
tribal rnembers on therr property nor shall they be held hable for any noninteutpnal tort
(e.g neghgence) should a tnbal harvester sustam an injury while on a Gtower's property,
No Grower may, instead of provrdrng a Tnbe the opportunity to harvest, insrst
that the Tribe take a money payment or take shellfish harvested by the Grower, as ttre
tnbal right is a right to take the shellfish by a mbal harvest Nothing rn this Plan,
however, shall be rnterpreted to foreclose the partres from voluntznly negotiating such an
agreement; the Grower sirnply may not force such an agreement on any Tribe.
6.3 Creation of New Artilicial Beds or Enhancement of Exisfing Natural Beds.
Nothrng in thrs Plan shall be oonshued to lrmrt a Groweds abihty to enhance an
exishng natural bed or create a new artrficral bed. If a Grower plans to enhance an
existrng natural bed or create a new arhficial bed, the Grower shall grve written notice to
the affected Tribe(s) of his or her intentron. The notrce shall be provrded at least srxty
days prior to ttre proposed enhancernent or creahon of the bed and shall include the
following: the location and spectes of the proposed bed and a surnmary of urformafion
known to the Grower regardurg the hrstory of harvest and enhancement of any qpecios of
shellfish listed rn Exhibit A on the properfy. In addrhon, the nohce shall explain the basis
for the Grower's determmation that the sustarnable yield of shellfish is belou, the nahual
bed threstrold rn Exhrbrt A or rf rt rs above the threshold, what the sustainable harvest
yreld rs.
If the sustarnable yield density (r.e., the quanhty of rnature marketable shellfish
per square foot that could be hawested on a sustarnable basrs) of the specres proposed for
cultlation rs below the natural bed threshold m Exhbrt A the Grower shall be e,ntrtled to
one hundred percent of the harvest of that specles rn the future.
If the sustamable yield density exceeds the natural bed threshold from Exhibtt A
for the species proposed to be enhanced, the Grower may enhance that natural bed,
however, a harvest plan rnust be developed to provrde the tnbes wth fifly percent of the
ATtACE[fiNTAi t2
REVISED SI{ELLFISII
IMPLEMENTATION PLAIY
a Case 2:89-sp-00003-RSM Document 1-4331 Filed 04/08/02 Page L7 ot 27
zustainable harvest that would exist absent the Grower's proposed enhancement
actrvrhes.
lf a Tnbe cont€sts the Grower's conclusron that there is no natural bed (r.e. the
Grower's statement that the sp€cles proposed for enhancsrnent or cultrvatton is below the
natural bed tbreshold set forth in Exhibit A) m the location of the proposed enhanced or
artificial bed, the Tribe shall so notiff the Grower within thirty days of recervrng the
notrce. The Tribe shall explarn the basis for its positron [n addrtron, the Tribe shall be
given the opporturuty to mspect the location of the proposed bed upon fourteen days
notice to the Grower The inspectron shall then occllr as nohced by the Tribe at a
reasonable trme. The Grower may have a representatlve accompany the Tribe during the
inspection,
Where shelllish not proposed for cultivation are identrfied at levels which exceed
the defined natural bed threshold in Exhibit A rn the locatron where the artificral bed rs
planned, a harvest plan wrll be developed to provide the Tnbes with fifty percent of the
sustamable harvest of such natural bed. The tibal haruest level will not increase should
the cultivahon efforts for the proposed artficral bed species rncrdentally enhance pelds
of the natural bed species. If in redesrgning his or her beds to create a new artrficial bed,
a natural bed rs to be desffoyed, the Grower shall only do so m good faith if rt rs deemed
by the Grower to be necessary for therr operations. A Grower will not desfioy natural
beds rn bad farth
In the event that an unanticipated specres of shellfish establishes a new artrficial
bed as a result of a Grower's efforts to create a new artrficial bed for another species, the
Grower shall be enhtled to one hundred percent of the harvest of thatunanticipated
specles An example of this would be cockles setthng rn geoduck predator exclusion
tubes and survrving in an area where there was no natural bed of cockles previously and
cockles were not the notified specles for artificul bed creatron,
Ifthe parties are not able to agree on the presence or absence ofa natural bed or
the sustarnable harvest that would exrst absent the Grower's proposed
eirhancenrenUcultrvahon activities from a natural bed, rt will be rubyect to dtspute
resoluton. The Grower shall have the burden of proof. The Grower, pendmg the
resoluton of the matter by diqpute resolution, will be permtted to continue with any
enhancement or cultivation sctluttes at his or her own risk: that is, the Grower may
proceed wrth lus or her plans at the nsk that the dispute rcsoluton could hold that the
proposed area contains a natural bed that will requre the development of a harrrest plan
with the affected Tnb{s)
6.4 No General Regulaflon of Grower's activities.
Nothing in this Plan shall be interpreted as rnterfering in any way with the nght of
a Grower to engage in predator contol activrties or in any other activities designed to
flranage or be,nefit the Growet's land. Moreover, nothing rn this Plan shall oonstitute a
limit on a Grower's right to redesign his or her tidelands, even if such redestgn resulb in
thc desfruction of a nafiral bed (e.g., constructrng a dike for Olympra Oysters which
causes the substrate to change and eliminates a clarn bed).
ATTACHMENTA:
REVISED STT.LLF'ISH
IMPLEMENTATION PLAN
l3
t Case 2:89-sp-00003-RSM Document 1,4331, Filed 04/08/02 Page 18 of 27
7.1 t
7.t.2
7.1.3
7.t.4
7.t.5
7,1.6
7.t.7
7.t 8
719
7. PRTVATE PROPERTY NOT USED FOR COMMERCIAL SIIELL}'ISH
GROWING.
Determination of the location of strellfish populatrons, populatron estimates, and
regulations govemmg the harvest of shellfistr from privately owned tidelands not being used for
commercial shellfish production shall be subject to both interim and permane,nt management
plans adopted by the Tribes and the State. Included wrthrn those plans, however, shall be
additional measures apphcable to harvests from privately owned tidelands, as descnbed below.
7.L Populrtion Surveys And Population Estimates.
Tnbes shall survey pnvately owned tidelands to determine the existence of shellfish
populations prior to commencmg harvest on a parhcular tideland.
The Tribes' srweys and population e.stimates shall be made consrstert wrth the followrng
rules, unless otherwrse agreed between a Tnbe and a Property Owner:
A survey to determine whether strellfish are present shall occur on each
privately owned beach no more than once every three years. The cost of
the survey rs to be paid for by the Tribe. The manner and method of any
survey must be of the type currently in use by the SAtc of Washrngton.
An on-srte populahon estimate shall occur no more than once per ye€x.
The cost of any estinrate shall be pad by the Tnbe.
Shellfish population information and data regarding a privately owned
beach shall be shared wrth WDFW and the Property Owner.
Surveys and populatron eshmates shall be done at reasonable tmes dunng
dayhght hours whenever feasrble.Night flrrveys shall occur only when
necessary.
Nohce of a survey orpopulatron estrmate shall be provrded to the hoperty
Owner no less thao one month in advance of the survey or eshmate. The
notice shall rnclude the narne, steet and marhng addresses, and telephone
nunrber of a tribal re,presentative responsible for the admirustration of the
survey or population estimate.
Nohce shall be provided by certrfied marl, fax, or perBonal service. The
Tnbes may chosc the tlpe of servrce The Private Property Owner shall
provrde the address or phone number to the Tnbe where that Owner will
accqt servlce of the notice. If such mformatron rs not provided by the
Private Property Ovrner to the Tribe, notice need only be by pubhcaton
In addrhon, survey schedules wrll be made avarlable on a telephone
hotline operated by the Tnbe, if the Tribe has the means to provrde such a
hotlme.
The Property Owner and the State may have representatives present during
the survey and population estimate.
The Tnbes need not conduct a comprehemsive suvey or population
assessment of all properties pote,trtally zublect to trbal harvesting before
berng peruutted to exercise Treaty hawest nghts. However, as to a
particular property, a sufl/ey or populatron assessment must be done pnor
to any tnbal harvest.
Nothrng in this Plan shall prevent a Pnvate Property Owner from
conductrng hrs or her own rurvey or populatron assessment. The Private
Property Owner may then, if the results of such a survey or estimate
differs from the results of the trbal survey or estinrate, contact the Tribes
m wntng and inform thom of any discrepancy. If the parties are unable to
resolve the matter, rt shall be submitted to ttre dispute resolutron
procedures of $ 9 accordrng to the procedure set forth m thrs Plan.
ATTACHMENT4:
REYISEII SIIELLIIISE
IMPLEMENTATION PLAIY
l4
a !Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 19 of 27
7.2 Tribal Harvest.
In addrtion to the rules govenung tribal harvests that ars contained in management plans
developed wrth the State, tribal hsrvests from pnvate tidelands shall also be govemed by the
followrng requrements :- 7.2.1 A hbal regulation opening pnvate property for shelfish harvesting shall
take into consrderatron the densrty of shellfish pr€sent and the size of the
area to be harvested and limrt the number of persons who may harvest
accordingly.
7.2.2 The regulatlon openrng private property for shellfish harvestrng shall
provide for monrtoring and enforcerne,nt of the har,/est. The regulatton
shall also ensure that proper sanitation procedures will be followed by all
nibal harvesters.
7.2.3 The regulatlon openrng private property for shellfish harveshug shall
rndicate the quanhty of shellfish that may be taken, hmits that apply to
rndivrdual harvesters, if any, the purpose of the harvest (commercial,
subsistence, ceremonial, or a combmation), and the dates and tirnes when
harvest may take place.
Hawests may occur at night only rf necessary. All harvests ofpro,perfles
less than 200 feet in width shall be hmited to five days per calendar year.
If a property is 200 feet or wider along the beach front, the number shall
be inueased by one additronal hawest day per calendar year for every
addiuonal fifty feet ofproperfy.
7 2.4 There shall be no upland access to the private tidelands. The Tribes may
access the private tidelands by water, across pubhc lands, or by public
rights of way only. Nothing rn this Plarl howwer, shall prwent a Pnvate
Property Owner from voluntarily agreerng to upland access, although no
Tnbe has a right to insist on such access from tho Tideland Owner.
7 2.5 Notrce of a tribal harvest on pnvate property shall be provided to the
Property Owner and WDFW no less than one montb in advance of the
harvest. The notice shall rnclude the name, street and mailing addrcsses,
and telephone number of a tribal representatve responsible for the
admrnrstration of the harvest.
7 2.6 Notice shall be provided by certrfied marl, fa:q orpersonal service. The
Tnbes shall chose the method of service. The Pnvate Property Owner
shall provrde the address or phone number at whrch such notice wtll be
recerved. If no address is provrded, notlce may be by publicatron.
7.2.7 If dunng any harvest, the Tnbe damages the property of a Tideland OwnEr
or in any way fails to harvest as stated in the notice provided to the Owner,
the Owner may submrt the tssue to the dispute resoluflon procedures of $ 9
as set forth rn this Plan.
7.3 DisputeResolutlon.
A Pnvate Property Owner may ohallenge a ploposed tital harvest of shellfish tom their
property through the dispute resolution procedure of sechon 9 by complpng wrth the following
requrrements:
ATTACEMENL!
REYISED SHELLFISH
MPLEMENTATION PLA.I{
t5
(tr Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 20 of 27
7.3.1 An objection to a proposed tribal harvest must be made in writing to the
Tnbe's fishery departrnent, stating the nature of the objectiou, the reasons
for the objeotiog any data upon whrch the objectton rs based, and
rdenhffrng any documents upon which the ob;ectron is based.
7.3.2 An oblectron mustbe based on a clarm that the Tribe's plan for haryest ts
not consrstent with the Court's onders m thrs case, an applicable
managemsnt plan developed pursuant to tlus Implonentatron Plan, or
other applicable law.
7 3.3 An ob.;ectron to a proposed tnbal hanrest must be received by the Tnbe
not less than five working days before the harvest ts scheduled to begrn.
7 .3 4 If ttre Property Owner posts a bond in the amount of $10 per lineal feet of
waterfront of the property at issue, the Tribe may not harvest pe'nding the
outcoure of the drspute resolutron
7,3.5 The Magistrate Judge (or Techmcal Advisor, rf apphcable) shall have
discretion as to whether a decrsron wrll be made based upon the written
submissrons of the parties or after a hve hearing,
7,4 Rights of Private Property Owners
Nothrng in this Plan shall be mterpreted to limrt rn ary way the nghts of a Private
Property Owner to burld docks or other structures on their property.
8. MISCELLAI\EOUS PROVTSIONS.
8.1 Proposals To Ertrblish New Artiliclal Shellflsh Beds,
8.1 I The State shall exercrse powers granted under State law regardrng permts
needed for shellfish enhancement (shellfish tansfer permit, import permrt,
Hydrauhc Prolect Approval). A person seelong to plant shellfistr seed,
place gravel or other substances, or otherwise eirhance natural shellfish
populations through additions to the nahral environment in orbeneath
state waters, shall comply wrth these requirements. When an application is
received to undertake such an aotivrty, the authonzrug Departnent shall
wrthin five workmg days notiff the Tnbes by mailing a copy of the
apphcatron to each affected Tribe's fishery departnent.
8.1.2 Before granhng such a permrt application, the appropriate Statc
Departnent may ascertarn the status of exrsturg shellfish populations, if
any, where the activity is proposed to occur, to determine whether a
nahral strellflsh bed exlsts. Where a Departrnent of the State performs the
assessment of existrng shellfish populatrons, the Department shall
esablish procedures whoreby the Tnbes shall be afforded the opporturuty
to partrcipate u: the assessment of the satus of the exrstng shellfish
populations. Where the State chooses not to perform the assessment, the
Tribes may perforrn an assessmgnt.
8.i.3 Whe,never the Sate proposes to grant a permit under section 8.1.1, rt shall
notrff the Tnbes at least twenty working days before issuance of a permit
The State shall maintain copies of all documents that estabhsh the basis
for the granting of the permit and make them freely avarlable to the Tnbes
at any Tnbe's request. A deoision to issue a permit, and the State's
ATTACHMENTA;
REWSED SIIELLT'ISH
IMPLEMENTATION PI"AN
l6
\It Case 2:89-sp-00003-RSM Document 1,433L Filed 04/08/02 Page 2L of 27
conclusion, if any, regarding the presence of a natural shellfish bed, may
be challenged by a Tnbe and is zubject to the dispute resolution procedure
if agreement is not otherwtse reached
8 1.4 Any person to whom apermrt is issued to enhance shellfish productron for
commercial purposes shall be subject to any applicable provisrons of this
plan and the Court's orders to the extent of tribal Treaty rights.
8.2 Proposals To Lease Tidelands Or Bedlands For Purposes Of Commercial
Shel[ish Growing.
The purpose of this sectron rs to address state leasing of udelands and bedlands for
shellfish hawest and production and to insure any Treaty nght to hanrest shellfish frorn such
leased preruses rs addressed pnor to leasing, Pubhc lands under lease shall be considered the
same as property owned by the lessee dunng any lease, and are subject to thrs court's provrslons
for private property or Grow€rs'property. The following additional provsions apply for all new
or renewal leases for shelllish harvest or culivafion.
8.2.1 Strte Nofrce to Trlbes.
Whenever the Sate proposes to lease trdelands or bedlands for purposes of a commercral
shellfish operatlon, then the-State shall give affected Tnbes notice of the lease application and
provrde a iiate certam when the Tlibes can communicate to the State regardrng the assertion of a
Treaty harvestmg nght to shellfish on the property, in accordance wrth this secuon. Notrce to the
affected Tnbes shall include a description of the use to be authonzed by the lease. The State shall
evaluate the land to be leased to deterrmne whether a natural bed exists. For leases where no
enhancement actvity has occurred recently enough to affect the density of shelllish beds, the
determrnation of thc existence of a natural bed strall be based upon whether the sustainable yreld
density exceeds the natural bed threshold identified n Exhibit A for the corresponding species,
region and time penod. For leases where past orpreseirt enhancement activity has affeoted the
current densrty of shellfish beds, the determinatron of the exrstfllc€ of a nahral bed shall be
based upon a iletermrnation of whettrer the sustanable yield density at the time enhancement
began exceeded the natural bed threshold identified rn Exhibit A for the corresponding specres,
time penod and region, The Tribes shall be afforded the opportunity to partcrpate in the State's
assessment of whether a natural bed exrsts on the land. The results of any state evaluafion shall
be communicated to the Tribes at least thrrty calendar days before a lease is issued and shall
specrff the date that the state proposes to enter rnto a lease. The underlying data and documents
shall be made available to the Tnbes.
8.2.2 Tribal Assertion of T[eaty Right on Leased Land.
If an affected Tribe(s) contends that there rs a natural bed subject to Treaty harvest by
the Tribe on property to be leased, the affected Tnbe may notiff the Washrngton Departnent of
Natural Resources (DNR) in writing wrthrn thirty days after the state evaluatron rs provided to
that trbe, or ten days before the proposed date of leasrng, wtuchever is earlter m hmo. The notrce
shall describe the shellfistr to whrch the Tribe asserts a Treaty right, the basis for that
information, and the area and shellfish involved. Upon tmely recetpt of such notico, DNR shall
not iease the property untrl compliance with parasaph 8.2.3. or 8 2 4, below. If a Tnbe does not
provide notice under thrs paragraph to DNR after DNR has complied wrth paragraph 8.2.1, then
tle Tnbe shall not take shellfish from the leased propeny for the initial term of that lease, or ten
years, whrchever rs shorter
8.2.3 State and Tribat Agreement.
If a Tnbe has provided notce under parasaph 8.2.2,the State and Tribe and/or
prospective lessee may agree to a plan where the Tribe's Treaty right to talce shollfish frorn the
ATTACHnQ,NTA:
REVISED SIIELLF"ISE
IMPLEMENTATION PLAN
t'l
\,,Case 2:89-sp-00003-RSM Document 1433L Filed 04/08/02 Page 22 of 27
land to be leased rc addressed before rsswmce of the lease.
be brnding on the State, Tribe, and othsr persons who enter
Any such agreenreirt in wnfing shall
it for the term of the agreement
8.2.4 Dispute Resolution.
Absent an agreement between the State and Tribe and/or proposed lessee for tnbal
harvest ftom the bed to be leased, a Tribe or the State may seek drspute resoluton. The dispute
shall be heard by the Magistate Judge pruzuant to section 9, and the lease shall not bc issued
until the drspute resoluton procedure has been completed. At such drspute resolutron, the
Magistate Judge shall determrne whether or not the leased Bctuty authonzes the talong of
shellfish subject to Treaty harvest. If ttre lease docs not then the lease rnay be rssued. If the land
to be leased contains shellfish subject to Treaty harvest, then the Magrstate Judge shall
determine the tnbal harvest of a Treaty share of such shellfish consrstent with the sharing
pnnciples wrtlun paragraph 6 1.3, or allow the Sate and Tribe to reconsider agreement regardrng
tribal harvest,
8.2.5 Stete Reuewals.
Whenever ttre State proposes to renew a lease of tidelands or bedlands for purposcs of a
commeroral shellfish operation, rf the presence or absence of a natural bed has not previously
been determmed, the procedures of part E.2.1 shall be followed as if a new lease is being
proposed. If an affected Tnbe has prevrously not ob.;ected to leasrng of *re propcrty after notce
pursuant to Seoton 8.2.1, then the State need only provide zuch Tnbe notice of rts intent to
renew the lease. If the lease only allows the lessee to grow and harvest a specres known not to
reproduce naturally in the lease location (such as Pacific Oyster beds outside areas of Hood
Canal), or to grow and barvest shellfish sultivated by an off-botlom or equtvalent method and
there has been no nafiral bed identified on the stte dunng past leases, then the State may satisfy
paragraph 8.2 I by informing the a.ffected Tribe of the nature of the proposed lessee use. The
Tnbe, however, may rnspect such property or assert a clum under 8.2.2, f therc rs a natural bed
subject to a Treaty hanrest.
9. DISPUTD, RESOLUTION
9.1 Magistrate fiidge Proceedtngs
Any dispute arisrng under the implementation plan shall be brought
before the Honorable Rlcardo S. Mcrtinez, United States District Court
Magistrate Judge for the Western District of Washrngton, at 1010 Fifth
Avenue, Surte 304, Seattle, WA 98104 ("Magstrate Judge") or a successor
Magistrate Judge appointed by the Court.
9.1.1 Unless the dispute is initially heard by a Technrcal Advisor as provided
for by paragraphs 9.1.2 and 9.1.3 of thrs stipulation, the Magistrate
Judgi -will- hear and determine drsputes aris,ng under the
implementation plan.
91.2 For a drspute that raises technical questions of fishery managemetrt
and/ar allocation, the parties may file a jornt request with the
Magistrate Judge that suCh dispute be heand by a Technical Advisor.
Based upon such request, the dispute mll be heard, as soon as
possrble,- by the TeChnical Advrsor selected by the Court after
nommabons by the parties. If the partres do not agree that a Technrcal
Advisor is necessary, the dispute will be heard by the Magisuate
ArtAC[4.vIEMAi 18
REVISED SMIIFISH
IMPLEMENTATION PLAI\T
r.tt Case 2:89-sp-00003-RSM Document 14331 Filed 04/08/02 Page 23 of 27
Judge who has the authority to decide the iszues himsefi appomt
experts, and/or refs the matter to the Technical Advisor.
9.1.3 If the drspute is heardby the Tectrucal Advisor, the Teclnical Advisor
will establish procedures consistent wrth procedures desoibed in
paragraph 9.2 of the mplemetrtation plan The wntten deosron of the
Technical Advisor shali resolve the dspute unless a party to the case
files a petition for reuew of that decision before the Magstrate Judge
within fwenty days of the filing of the original decrsron. Such petition
shall state the basrs for seeking rwiew, id€ntiry the alleged error in the
decsron, and rdenti& the relief sought. Upon a timely petition, the
Magrsfrate Judge shall crcnduct a de novo review and shall consrder
addrnonal briefing, proceedings, evrdence, and argument offered by
the parties, f any. During the consideranon of any petition fi.led
under this subsecton, the written decision of the Technical Advrsor
remains in effect and shall govem the partres' conduct unless and until
the Magistrate Judge overtums the wntten decision or expressly stays
Its enforcement.
9.L.4 For disputes where a written decision by the Technical Advisor does
not resolve the dispute, a wntten decision of the Magstrate Judge
shall resolve the dispute unless a par,cy to the case files a petiuon for
re\rew of that decision before the Honorable Robert S. Lasnrk, United
States Drsuict Judge, 1010 Ffih Avenue, Suite 911, Seattle, WA
98104, wrthin twenty days of the filing of the original decisron. Such
petition shall be mnsidered pursuant to *re procedures established in
Federal Rule of Civrl Procedure 72b), except for the time permitted to
file the petition for rwiew, as stated above. During the consrderation
of any petition fiIed under this subsection, the written decision of the
Magistrate Judge remains in effect and shall govern the parues'
conduct unless and until the Court overturns the written decision or
expressly stays its enforcement
9.2 Procedure For Hearings Before the Magistrate Judge .
The Magishate Judge will establish the procedures to be used in heanng disputes; those
procedures may be informal, but shall include the followrng, except where specified otherwrse m
thrs implementation plan :
9 2 L An opportumty for all parties to a dispute to present therr evidence and
arguments rn wn[ng and orally
9.2,2 An opportunity for all psrtles to a drspute to respond to or challenge the
evrdence and arguments presented by other parties.
9.2.3 The opportunity for all parties to the dispute to compel the production of
persons or documents from other parhes that are necessary for full
consideration of the matter rn dispute.
9.2.4 In addrton to considenng evidence presented by experts called by a party
to the drspute, the Magistrate Judge may consult with persons wrth
technrcal expertise as necessary to the resolution ofdisputes. The persons
consulted shall not be assooated with the Tribes, any agency of the Sate
of Washington (other than academic rnstrtutrons) or any other person
affected by the outcorne of the dispute, absent agreement of all parties to
l9ATTACHMENT A:
RDVISED SMLLFISII
IMPLEMENTATION PLI\FT
Lal Case 2:89-sp-00003-RSM Document L433L Filed 04/08/02 Page 24 of 27
9.2.s
9.2.6
ATTACERFNTA;
REVISED SHELLTEII
IMPLEMENTATION PLAIY
other equrvaleot crcumstance.
the dispute. Advice reccived from a techucal expert shall be shared wrth
all parties to the dispute.
The Magrstate Judge strall iszue a written opinion statmg the dectsron
and the reasons for the decision wrthin ten workmg days of the conclusron
of the hearing or the submlsslon of evrdence by the parties to the dispute,
whichwer is later, unless agreed otherwrse by the parttes and the
Magrstate Judge In fashioning resolution to a dispute, the Magstate
Judge shall have uo authority to ehmrnate the Treaty fishrng nghts of an
entire Tnbe. The MagisEate Judge may, however, order that the Tnbe
pay damages or may implement some other appropriate remedy.
The Magrstate Judge shall not be required to hear or consider disputes rn
the order rn which they are preselrted. The Magrstrate Judge shall
consider a dispute on an emergency or expedrted basis when a delay
would make the drspute moot due to the closure of a fishrng scason or
20
tbt Case 2:89-sp-00003-RSM Document 14331 Filed 04/08/02 Page 25 of 27
Exhlbtt A
Minimurr density of commercial shellfish species necessary to consttute a natural bed (e.g.,
able to support a commercral hvelihood on a sustainable basis) at the trme cultivation of a
bed began,
Manrla clams Pacrfic oys Natne lttlenecks Butter clams
Time Penod
North
Sound
South
Sound
Hood
Canal
North
Sound
South
Sound
Hood
Canal
North
Sound
South
Sound
Hood
Canal
North
Sound
South
Sound
Hood
Canal
2016 -2020
2011 -2015
2006 - 2010
2001 - 2005
1996 - 2000
1991 - 1995
1986 - 1990
1981 - 1985
1976 - 1980
1971 - 1975
1966 - 1970
1961 - 1965
1956 - 1960
1951 - 1955
1946 - 1950
1941 - 1945
1936 - 1940
1931 - 193s
1926 - 1930
1921 - 1925
1916 - 1920
1911 - 1915
1906 - 1910
1901 - 1905
1896 - 1900
1891 - 1995
1886 - 1890
1881 - 1885
1876 - 1880
1871 -'.t875
1866 - 1870
1861 - 1865
1856 - 1860
1851 - 1855
IIII
rII
Attaghf,[ent A
Revised Shellfish
Implementation Plan
21
1lrr,
v
Case 2:89-sp-00003-RSM Document 1,4331 Filed 04/08/02 Page 26 ot 27
Cockles Geoduck Horse clams
'[ime Penod
North
Sound
South
Sound
Hood
Canal
North
Sound
Sodh
Sound
Hood
Canal
North
Sound
South
Sound
Hood
Canal
North
Sound
South
Sound
Hood
Canal
2016 - 2020
2011 -2015
2008 -2010
2001 -200s
1996 - 2000
1991 - 1995
1986 - 1990
1981 - 1985
1976 - 1980
1571 - 1975
1966 - 1970
1961 - 1965
1956 - 1960
1951 - 1955
1946 - 1950
1941 - 1945
1936 - 1940
1931 - 1935
1926 - 1930
1921 - 1925
1916 - 1920
1911 - 1915
1906 - 1910
1901 - 1905
1896 - 1900
1891 - 1995
1886 - 1890
1881 - 1885
1876 - 1880
't871 - 1875
1866 - 1870
1861 - 1865
1856 - 1860
1851 - 1855
Attachment A
Revised Shellfistr
lmplernentatron Plan
22
Ers
1rr"t Case 2:89-sp-00003-RSM Document L433L Filed 04/08i02 Page 27 of 27
Eastem softshellclams
"Iime Penod
North
Sound
South
Sound
Hood
Canal
2016 -2020
2011 -2015
2006 - 2010
2@1-2AO5
1996 - 2000
1991 - 1995
1986 - 1990
1981 - 1985
1976 -'1980
1971 - 1975
1966 - 1970
1961 - 1965
1956 - 1960
1951 - 1955
1946 - 1950
194't - 1345
1936 - 1940
1931 - 1935
1S26 - 1930
1921 - 1925
1916 - 1920
191'l - 1915
1906 - 1910
1901 - 1905
1896 - 1900
1891 - 1995
1886 - 1890
1881 - 1885
1876 - 1880
1871 - 187s
1886 - 1870
1861 - 1865
1856 - 1860
1851 - 1855
Attachment A
Revsed Shellfish
Implementahon Plan
23