United States Ninth Circuit

Denial of plaintiff-Indian Tribe's treaty fishing rights, on the ground that it had not maintained an organized tribal structure, is reversed where the district court abused its discretion in ruling that federal recognition is not determinative of the issue of tribal organization.

Appellate Information

• Argued 05/03/2004
• Decided 01/06/2005
• Published 01/06/2005

Judges

• TASHIMA, Circuit Judge:, Before: TASHIMA, PAEZ, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Craig J. Dorsay, Portland, OR, for appellant Samish Indian Tribe.


• For Appellees:
  
• Elizabeth Ann Peterson, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for appellee United States., Daniel A. Raas, Raas, Johnsen & Stuen, Bellingham, WA, for appellees Lummi Nation, Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, Tulalip Tribe, Suquamish Indian Tribe, Port Gamble S'Klallam Tribe, Lower Elwha Band of S'Klallams, Jamestown S'Klallam Tribe, and Puyallup Tribe of Indians.