U.S. v. STATE OF OR.

Nos. 88-4311, 88-4316 and 88-4347.

913 F.2d 576 (1990)

UNITED STATES of America, Plaintiff-Appellee, Confederated Tribes of the Warm Springs Reservation, et al.; Confederated Tribes & Bands of the Yakima Indian Nation; Confederated Tribes of the Umatilla Indian Reservation; Nez Perce Indians, Intervenors-Appellees, State of Idaho, Shoshone-Bannock Tribe, Intervenors-Appellants, Makah Indian Tribe, Applicant in Intervention Appellant, v. STATE OF OREGON; State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1990.


Attorney(s) appearing for the Case

Marc D. Slonim and Alvin J. Ziontz, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Wash., Clive J. Strong and Charles F. Adams, Deputy Atty. Gen., Boise, Idaho, and Howard A. Funke, Fort Hall, Idaho, for defendants-intervenors-appellants.

Dirk D. Snel, Land & Natural Resources Div., and M. Alice Thurston, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Howard G. Arnett, Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend, Oregon, Timothy Weaver, Cockrill, Weaver & Bjur, Yakima, Wash., Craig Dorsay, Oregon Legal Services and Lindsey, Hart, Neil & Weigler, Portland, Or., for intervenors-appellees.

Robert K. Costello, Asst. Atty. Gen., Olympia, Wash., and Cheryl F. Coodley, Asst. Atty. Gen., Portland, Or., for defendants-appellees.

Thane W. Tienson and Mary Kyle McCurdy, Mitchell, Lang & Smith, Portland, Or., for amici curiae.

Before BROWNING, BEEZER and RYMER, Circuit Judges.


BEEZER, Circuit Judge:

These appeals concern the Oregon district court's approval of a plan allocating the harvest of Columbia River salmon and steelhead. The State of Idaho and the Shoshone-Bannock tribes challenge the allocation of fish that reach Idaho. They opposed the plan at the time of the district court's approval hearings, but the court approved the plan over their objections. The Makah, an ocean fishing tribe, challenge the quota allocated to the ocean fishery...

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