United States v. State of Washington, Civ. No. 9213—Phase I.
| Citation | 459 F. Supp. 1020 |
| Decision Date | 30 June 1978 |
| Docket Number | Civ. No. 9213—Phase I. |
| Court | U.S. District Court — Western District of Washington |
| Parties | UNITED STATES of America et al., Plaintiffs, v. STATE of WASHINGTON et al., Defendants. |
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Stan Pitkin, U. S. Atty., J. Ronald Sim, James C. Waldo, Harry J. McCarthy, Asst. U. S. Attys., Seattle, Wash., George D. Dysart, Sp. Asst. U. S. Atty., Portland, Or., for United States.
Alvin J. Ziontz, Mason D. Morisset, Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Seattle, Wash., for Quileute, Makah and Lummi Tribes.
Alan C. Stay, Thomas P. Schlosser, John H. Sennhauser, Evergreen Legal Services, Seattle, Wash., for Sauk-Suiattle, Samish, Snohomish, Steilacoom, Stillaguamish, Nooksack, Suquamish, Nisqually, Muckleshoot, Squaxin Island, Skokomish, Lower Elwha, Snoqualmie and Upper Skagit Tribes.
Lewis A. Bell, Bell, Ingram & Rice, Everett, Wash., for Tulalip Tribes.
Michael Taylor, Tahola, Wash., for Quinault Tribe.
John Clinebell, Tacoma, Wash., William H. Rodgers, Jr., Washington, D. C., for Puyallup Tribe.
Harwood Bannister, Bannister, Bruhn & Cunningham, Mt. Vernon, Wash., for Swinomish Tribe.
Slade Gorton, Atty. Gen., James M. Johnson, Sr. Asst. Atty. Gen., Dennis Reynolds, Asst. Atty. Gen., Olympia, Wash., for defendant State of Washington.
COMPILATION OF MAJOR POST-TRIAL SUBSTANTIVE ORDERS (Through June 30, 1978).
(Through June 30, 1978)
The initial decision of the court dated February 12, 1974, (hereinafter Final Decision # 1) and related rulings and decree of March 22, 1974, in this case are set forth at 384 F.Supp. 312 (aff'd 520 F.2d 676 (9th Cir. 1975), cert. denied, 423 U.S. 1086, 96 S.Ct. 877, 47 L.Ed.2d 97, rehearing denied 424 U.S. 978, 96 S.Ct. 1487, 47 L.Ed.2d 750 (1976)). Under the court's retention of continuing jurisdiction, subsequent decisions and orders of a substantive nature rendered through June 30, 1978, are set forth or summarized below. All summarizations or editing herein of the provisions as entered, are by the court.1
Subsequent to Final Decision # 1 herein, the following parties were allowed to intervene as additional plaintiffs: Duwamish, Jamestown Band Clallam, Lower Elwha Band Clallam, Nooksack, Port Gamble Band Clallam, Samish, Snohomish, Snoqualmie, Steilacoom, Suquamish, Swinomish, Aboriginal Swinomish and Tulalip Tribes. The Nisqually and Puyallup Tribes which had only been represented by the United States, were allowed to intervene on their own behalf. Applications to intervene as additional defendants by the Northwest Steelheaders' Council of Trout Unlimited, Gary Ellis its president, Purse Seine Vessel Owners Association and Washington State Commercial Passenger Fishing Vessel Association were denied.
By separate order the court appointed United States Magistrate Robert E. Cooper as Master and Dr. Richard R. Whitney2 as fisheries science and management advisor to assist the court. A Fisheries Advisory Board was established as set forth, infra.
(September 12, 1974)
Paragraph 5 of the Interim Plan and Stay Order entered by this court on March 22, 1974 (384 F.Supp. at 420), obligates defendants State of Washington, Washington Department of Game and its Director and Washington Department of Fisheries and its Director, (hereinafter "defendants") to make significant reductions in the non-Indian fishery as deemed necessary to achieve the objectives of the court's definition of Indian treaty fishing rights. In carrying out this order the court anticipated that defendants would promulgate and enforce regulations reducing the non-Indian fishery. Defendants have promulgated certain regulations establishing reductions in the non-Indian fishery but have been unable to enforce them by reason of certain directives and orders of the Thurston County Superior Court in Washington State Commercial Passenger Fishing Vessel Association v. Tollefson, No. 50380, Washington Kelpers Association v. Tollefson, No. 50552 and Puget Sound Gillnetters Association v....
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Case summaries.
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