Makah Indian Tribe v. C. William Verity

The Makah Indian Tribe brought this action to challenge federal regulations allocating the ocean harvest of migrating Columbia River salmon. The district court dismissed the action for failure to join indispensable parties. We affirm in part, reverse in part and remand.

I

The Makah Indian Tribe resides at the northwest corner of the Olympic Peninsula of the State of Washington. Their historic fishing grounds extend forty miles out to sea. The Makah are guaranteed the right to fish in these grounds by treaty.

To protect such Indian treaty rights, a complex judicial and administrative scheme has evolved that regulates the harvest of salmon that pass through these waters. The State of Washington regulates the fisheries within its jurisdiction, extending three miles out to sea, under the continuing jurisdiction of the Washington district court. See United States v. Washington, 384 F.Supp. 312 (W.D.Wash.1974), aff'd, 520 F.2d 676 (9th Cir.1975), cert. denied, 423 U.S. 1086 , 96 S.Ct. 877 , 47 L.Ed.2d 97 (1976); United States v. Washington, 759 F.2d 1353, 1355 (9th Cir.1985) (en banc). The Columbia River harvest is allocated under a similar arrangement overseen by the Oregon district…