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Lummi Nation argues for treaty fishing rights in disputed areas

Filed Under: Environment | Law
More on: 9th circuit, jamestown sklallam, lower elwha klallam, lummi, port gamble sklallam, treaties, washington

The Lummi Nation asked the 9th Circuit Court of Appeals to recognize its treaty rights in disputed areas of Washington.

The tribe says its usual and accustomed fishing areas include places claimed by other tribes. The Jamestown S’Klallam Tribe, the Lower Elwha Klallam Tribe and the Port Gamble S’Klallam Tribe have already won a decision recognizing their rights.

The dispute is a sub-proceeding in the long-running U.S. v Washington fishing rights case. In 1974, the late Judge George Hugo Boldt held that tribes in the state were entitled to half of the entire catch.

Since then, several tribes have been litigating the areas where they can and cannot fish. The dispute between the Lummis and the Sklallam tribes dates back to 1989.

The 9th Circuit has posted the oral argument from Friday's hearing. Turtle Talk has posted documents from the lower court case, US v. Washington, sub-proceeding 11-02 .

Get the Story:
Lummi Tribe's Fishing Case Faces Off in the 9th (Courthouse News Service 4/15)

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