Muckleshoot Indian Tribe v. Lummi Indian Nation

No. 99-36224 (234 F.3d 1099) (9th Cir. December 13, 2000)

ELR Digest

The court affirms a district court decision holding that a 1978 case concerning Native American fishing rights in the Puget Sound intended for the Lummi Indian Tribe's usual and accustomed fishing areas to extend to the northern outskirts, or suburbs, of Seattle as they existed in 1974. In the 1978 action, the judge determined that the Lummi Indian Tribe was entitled to fish in the marine areas of northern Puget Sound from the Fraser River south to the "present environs of Seattle." The Lummi Indian Tribe argued that the "present environs of Seattle" include marine areas adjacent to the present city of Seattle or even further south to its southern outskirts. The court first holds that the district court properly looked at the language in the 1978 decision and supplemented the record with a geography expert as to where the northern environs were at that time. The expert's conclusion was on the basis of geography, and not on the basis of any latter-day interpretation of documents before the judge. Additionally, had the judge in the 1978 decision intended to hold that the fishing grounds reached "through" the environs of Seattle, he would have said so.

The full text of this decision is available from ELR (4 pp., ELR Order No. L-309).

Counsel for Plaintiff
Gregory M. O'Leary
Law Offices of Gregory M. O'Leary
Exchange Bldg.
821 Second Ave., Seattle WA 98104
(206) 523-6387

Counsel for Defendant
Harry L. Johnsen
Raas, Johnsen & Stuen
1503 E St., Billingham WA 98227
(360) 647-0234

[31 ELR 20309]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]