United States v. Lummi Indian Tribe

The Lummi Indian Tribe appeals from the final judgment entered in favor of the Lower Elwha Band of S’Klallams, the Jamestown Band of S’Klallams, the Port Gamble Band of S’Klallams and the Sko-komish Indian Tribe (collectively “the Four Tribes”). The district court concluded that Judge Boldt, in United States v. Washington, 384 F.Supp. 312, 332 (W.D.Wash.1974) (Boldt, J.) (hereinafter “Decision”), af f'd, 520 F.2d 676 (9th Cir.1975), did not intend for the Lummi’s usual and accustomed fishing grounds and stations to include the Strait of Juan de Fuca, Admiralty Inlet or the mouth of the Hood Canal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We conclude that Judge Boldt intended to: (1) exclude the Strait of Juan de Fuca and the mouth of the Hood Canal and (2) include Admiralty Inlet in the Lummi’s usual and accustomed fishing grounds and stations. We affirm in part and reverse in part.

I

This appeal involves the scope of fishing rights secured by the Lummi Indian Tribe in the 1855 Treaty of Point Elliott. Tribes who were party to the Treaty, including the Lummi, reserved the right to fish at all “usual and accustomed grounds and stations.” Act of Jan. 22, 1855, Art. V,…