United States District Court, W.D. Washington, Seattle
AMENDED ORDER REGARDING BOUNDARIES OF QUINAULT AND
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
MATTER comes before the Court on the State's Unopposed
Motion for Correction of Scrivener's Error. Dkt. #447.
The Court GRANTS the State's motion, and issues the
following Amended Order which VACATES and REPLACES the
Court's prior Order regarding boundaries found at Dkt.
9, 2015, the Court entered lengthy Findings of Fact and
Conclusions of Law, determining that the western boundary of
the Quinault Indian Nation's usual and accustomed fishing
ground in the Pacific Ocean is 30 miles from shore, that the
western boundary of the Quileute Tribe's usual and
accustomed fishing ground in the Pacific Ocean is 40 miles
offshore, and the northern boundary of the Quileute
Tribe's usual and accustomed fishing ground is a line
drawn westerly from Cape Alava. Dkt. #369. However, the Court
also noted that it had not received evidence at trial
specifying the longitudes associated with the U&A
boundaries determined therein. Accordingly, in order to
delineate the boundaries with certainty, the Court directed
the parties and interested parties to brief the precise
longitudinal coordinates associated with the boundaries set
forth herein. Dkts. #369 and #387. The Quileute, joined by
the Quinault and Hoh Indian Tribes, submitted proposed
longitudinal coordinates of its longitudinal boundaries.
Dkts. #372, #374, #376. The Makah proposed different
longitudinal boundaries Dkt. #377. The State of Washington
also filed a response, generally concurring with the Makah,
but proposing still different boundaries. Dkt. #381. Pursuant
to Court Order, the Quileute, Quinault and Hoh then filed a
supplemental response to the Makah's and State's
proposals. Dkt. #388.
consideration of its prior Orders, the Court adopted the
longitudinal and latitudinal boundaries proposed by the
Quileute, Quinault and Hoh. Dkt. #394. The Court explained:
All parties agree that the latitude of Quileute's
northern boundary at Cape Alava is 48°10'00” N.
latitude, and that the longitude of Quileute's western
boundary begins in the north at 125°44'00” W.
The parties also agree that the latitude of Quinault's
northern boundary is 47°40'06” N. latitude, and
the longitude of Quinault's western boundary begins in
the north at 125°08´30”W. The dispute is how
the parties believe the Western boundary for the Quileute and
Quinault should be demarcated as the line proceeds south. The
Court agrees with the Quileute, Quinault and Hoh that the
methodology applied by this Court in the Makah's prior
ocean RFD, see U.S. v. Washington, 626 F.Supp. 1405,
1467 (W.D. Wash. 1985), is the appropriate method to use in
the instant case. The Court finds that equity and fairness
demand the same methodology for delineating the boundary at
issue here, and agrees that it is the status quo
method of delineating U&A ocean boundaries by this Court.
#394 at 2. Accordingly, the Court found that:
1. Quileute's usual and accustomed ocean fishing
a. Northern boundary: 48°10'00” N. latitude
b. Western boundary: 125°44'00” W. longitude.
c. Southern boundary: 47°31'42” N. latitude
2. Quinault's usual and accustomed western fishing
boundary as determined by the Court is 30 nautical miles
offshore at longitude 125°08'30” W. and runs in
a straight line running north to south between Quinault's
northern boundary (47°40'06” N. latitude) and
its southern boundary (46°53'18” N. latitude).
Quinault's ocean U&A is:
a. Northern boundary: 47°40'06” N. latitude.
b. Western boundary: 125°08'30” W. longitude.
c. Southern boundary: 46°53'18” N. ...