Makah Indian Tribe v. Quileute Indian Tribe

The Ninth Circuit affirmed in part the district court's judgment concerning the fishing rights of the Quileute Indian Tribe and the Quinault Indian Nation under the Treaty of Olympia. The panel held that the district court did not clearly err in its finding that the Quileute and Quinault understood that the Treaty's preservation of the "right of taking fish" included whales and seals. The panel explained that the district court's extensive factual findings supported its ultimate conclusion that "fish" as used in the Treaty of Olympia encompassed sea mammals and evidence of customary harvest of whales and seals at and before treaty time may be the basis for the determination of a tribe's usual and accustomed fishing grounds. However, the panel reversed the district court's delineation of the fishing boundaries because the lines drawn far exceed the district court's underlying factual findings. View "Makah Indian Tribe v. Quileute Indian Tribe" on Justia Law