United States v. Washington

ORDER

The opposed motion of the Samish Indian Tribe for clarification of the opinion filed in this matter on December 11, 2009, is DENIED.

The opinion filed in this matter on December 11, 2009, slip op. 16399, is amended as follows:

At slip op. 16410, first full paragraph, line 4: Insert “, according to Greene III,” after “Samish Tribe’s history which.”

At slip op. 16410, first full paragraph, line 7: Delete “id. § 83.7(a)” and substitute therefor “25 C.F.R. § 83.7(a).”

At slip op. 16410, first full paragraph, line 14: Delete “25 C.F.R. § 83.7(e)” and substitute therefor: “id. § 83.7(e).”

No petitions for rehearing, rehearing en banc, or rehearing before the full court are pending.

No subsequent petitions for rehearing, rehearing en banc, or rehearing before the full court may be filed.

OPINION

INTRODUCTION

This appeal presents one more chapter in the litigation over Indian treaty fishing rights in the Pacific Northwest. The appellant Samish Tribe claims to be a successor to a tribe that entered the Treaty of Point Elliott, 12 Stat. 927 (1855), with the United States. In 1974, the Samish Tribe intervened in the foundational treaty rights case of United States v.…