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U.S. v. STATE OF WASH.

Nos. 95-35442, 95-35446.

86 F.3d 1499 (1996)

UNITED STATES of America, et al.; Muckleshoot Tribe; Nooksack; Upper Skagit; Squaxin Island; Lummi Indian Tribe; Makah Tribe; Swinomish Indian Tribal Community; Tulalip Tribe; Puyallup Tribe; Quileute Indian Tribe; Suquamish Tribe; Hoh Indian Tribe; Quinault Indian Nation; Confederated Tribes & Bands of the Yakima Indian Nation; Nisqually Indian Tribe, Plaintiffs-Appellees, v. STATE OF WASHINGTON, et al., Defendants, and Washington Harvest Divers Association; Tom McMahon, Intervenors-Appellants. UNITED STATES of America, et al.; Muckleshoot Tribe; Nooksack; Upper Skagit; Squaxin Island; Lummi Indian Tribe; Makah Tribe; Swinomish Indian Tribal Community; Tulalip Tribe; Puyallup Tribe; Quileute Indian Tribe; Hoh Indian Tribe; Suquamish Tribe; Quinault Indian Nation; Confederated Tribes & Bands of the Yakima Indian Nation; Nisqually Indian Tribe, Plaintiffs-Appellees, v. STATE OF WASHINGTON, et al., Defendants, and Inner Sound Crab Association; Edward Knudson; Washington Dungeness Crab Fishermen's Association; Ernest Summers, Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

J. Lawrence Coniff, Olympia, Washington; Tom D. Tobin, Winner, South Dakota; Daniel W. Wyckoff, Olympia, Washington, for intervenors-appellants.

Daniel Alan Raas, Raas, Johnsen & Stuen, Bellingham, Washington; John B. Arum, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, Phillip E. Katzen and Allen H. Sanders, Columbia Legal Services Native American Project, Seattle, Washington, for plaintiffs-appellees.

Jay D. Geck, Deputy Attorney General, Olympia, Washington, for defendants.

Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges.

Opinion by Judge BOOCHEVER; Dissent by Judge KLEINFELD.

BOOCHEVER, Circuit Judge:

Three commercial fishing associations appeal the district court's order denying intervention in an action brought by the United States, as trustee for various Indian tribes, against the State of Washington. The United States and the tribes claimed fishing rights to shellfish. We affirm the district court's ruling that the motions to intervene were untimely.

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