ELR Citation: 53 ELR 20147
No(s). 21-35812 and 21-35874 (9th Cir. Sep 11, 2023)

The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi Nation under a 1974 judge-issued decree did not extend to sheltered waters east of Whidbey Island and south of Fidalgo Island. A district court granted summary judgment for the three tribes, holding that the disputed waters were not part of the Lummi's historical fishing waters under the decree. The appellate court affirmed, finding no evidence that the Lummi ever held "usual and accustomed" fishing grounds in those waters. It affirmed summary judgment for the Swinomish, Tulalip, and Upper Skagit tribes.