Washington tribe reels in another chance to expand fishing territory

The Sauk-Suiattle Indian Tribe argued a 1974 ruling didn't foreclose its rights to marine waters and the Baker River, and a federal appeals court agreed.SEATTLE (CN) — A Washington tribe can bring claims seeking to expand its fishing rights, the Ninth Circuit ruled on Monday.In a 24-page ruling, a three-judge panel determined the Sauk-Suiattle Indian Tribe can proceed with its lawsuit over fishing rights along the Baker River, a 30-mile tributary of the Skagit River in northwestern Washington.The case hinges on a 1974 ruling by U.S. District Judge George Boldt, in which the Dwight D. Eisenhower appointee interpreted the 1855 Treaty of Point Elliott and other treaties’ recognition of tribes’ rights to off-reservation fishing at the “usual and accustomed” grounds and stations.Under the injunction — referred to as Final Decision I — tribal fishermen could take half of harvestable fish at the tribes’ determined usual and accustomed grounds. The injunction also allows concerned tribes to seek either a clarification or expansion of its existing “usual and accustomed” grounds.The Suak-Suiattle filed a request in 2024 seeking an expansion of its usual and accustomed fishing grounds to include the Skagit River, Baker River and certain marine waters.Four tribes — the Swinomish, Suquamish, Tulalip and Upper Skagit — intervened as defendants and asked the court to toss the suit, arguing Boldt had already determined the entirety of the Sauk-Suiattle’s usual and accustomed grounds. The lower court granted their motion to dismiss, concluding it lacked jurisdiction based on a provision in the 1974 injunction.The Ninth Circuit largely, but not entirely, agreed with the intervening tribes, noting the case presents unique difficulties for the region.“Indeed, as we remarked more than 35 years ago, it is hard to think of ‘a more comprehensive and complex case than this,’” U.S. Circuit Judge Margaret McKeown, a Bill Clinton appointee, wrote on behalf of the panel.The appeals court found its decision in a 2023 fishing case foreclosed the Suak-Suiattle’s claim for expanded rights on the Skagit River. In that decision, the court recognized that Boldt intentionally omitted the Skagit River from the Sauk-Suiattle’s usual and accustomed grounds.However, the same is not true for the tribe’s claim on the Baker River, a tributary of the Skagit.“Despite the deluge of litigation regarding tribal water rights in western Washington over the past half-century, claims specifically addressing the Baker River, a southward-flowing tributary of the Skagit River, have never been pressed,” McKeown wrote.On remand, the Ninth Circuit instructed the lower court to consider evidence brought by the Suak-Suiattle to determine whether the tribe customarily fished on the Baker River with enough regularity to justify its inclusion into the tribe’s usual and accustomed grounds.As for the tribe’s claim to marine waters, the Ninth Circuit determined the tribe can likewise proceed with its claims. Boldt mentioned the Sauk-Suiattle “traveled to the saltwater” but didn’t assign any marine fishing rights to the tribe in his decision.In an emailed statement, attorney for the Sauk-Suiattle emphasized the court’s decision is not one on the merits of the case.“It doesn’t mean the tribe has treaty rights to fish in marine waters or on the Baker River, it merely means the tribe has the right to proceed in the court to try and prove that it does," Sauk-Suiattle attorney Jack Fiander said. “We are only on chapter three of about seven.”Neither the intervening tribes nor the state of Washington responded to a request for comment before press time.The Ninth Circuit panel included U.S. Circuit Judges William Fletcher, also a Clinton appointee, and Patrick Bumatay, a Donald Trump appointee.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads