Makah Indian Tribe v. Schoettler, Director of the Department of Fisheries

This is an appeal from a judgment dismissing a complaint of the Makah Indian Tribe seeking injunctive relief against the operation of certain Washington state fishing regulations prohibiting their accustomed fishing in the Hoko River. The regulations in question prohibit all catching of fish in that river save by one pole and line with two single hooks or one artificial bait per person.

The Hoko River is a fresh water stream of some 25 to 50 feet in width in Northwestern Washington, emptying into the Straits of Juan de Fuca at a distance of some 18 miles from the Pacific Ocean and 10 miles easterly from the Makah Indian Reservation. It is a part of the area ceded by the Makahs to the United States in their treaty of 1855 in return for which they received the treaty rights in fishing, hereafter considered.

In September and October the stream has a run of silver salmon which is the subject of the Makahs suit. The respondent’s witnesses admit the salmon do not eat after entering the fresh water stream and hence can be caught but rarely on a baited or lured hook. In effect, there is a closing of the stream to all taking of the fall salmon for any purpose, whether for personal or…