Order | Filed: August 26, 2026
| Entered: August 26, 2026
USA, et al v. State of Washington, et al
Other Statutory Actions | Washington Western
2 - Minute Order ~Util - Set/Reset Deadlines/Hearings
MINUTE ORDER. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, United States District Judge: On August 1, 2026, the Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, Lower Elwha Klallam Tribe, and Suquamish Tribe filed two Motions for Dispute Resolution pursuant to sections 4.6, 4.7, and 9 of the Revised Shellfish Implementation Plan regarding actions taken by the Tulalip Tribe, the Lummi Nation, and the Swinomish Indian Tribal Community to open a fishery for spot prawns. Dkts. #22766 and #22767. On August 18, 2026, the Tulalip Tribe, the Lummi Nation, and the Swinomish Indian Tribal Community filed Responses indicating that the spot prawn harvest ends September 15, 2026. See Dkts. #22768 and #22769. The parties have subsequently filed replies and surreplies as recently as August 24, 2026. Dkts. #22775, #22776, #22780, and #22781.
The Court has reviewed these filings and determined that, although the Revised Shellfish Implementation Plan contemplates a deliberate process with objections, the arranging of a hearing before a magistrate judge, and a written ruling within ten days, in this case an emergency exists under Sections 4.8(c) and 9.2.6 because "the proponent's opportunity to fish may be lost by delay." On the other hand, the proponent has failed to demonstrate that a dispute resolution hearing must occur immediately, or before September 3, 2026. Accordingly, the Court will set an expedited hearing for 11:00 am on Friday, September, 4, 2026, to resolve this dispute. The Court DIRECTS the parties above to attend this hearing, as well as the State of Washington. The parties are expected to be fully prepared to argue their positions as to the dispute. The Court intends to issue an oral ruling at that time, followed by a written order.
Authorized by Judge Ricardo S. Martinez. (TE)