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U.S. v. MUCKLESHOOT INDIAN TRIBE

No. 99-35960.

235 F.3d 429 (2000)

UNITED STATES of America, et al., Plaintiffs, and Puyallup Indian Tribe; Suquamish Indian Tribe; Swinomish Indian Tribal Community, Intervenor-Plaintiffs/Petitioners-Appellees, v. MUCKLESHOOT INDIAN TRIBE, Intervenor-Plaintiff/Respondent-Appellant, v. State of Washington, et al., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2000

Attorney(s) appearing for the Case

Annette Klapstein (argued), Law offices of the Puyallup Indian Tribe, Tacoma, Washington, for intervenor-plaintiff/petitioner-appellee Puyallup Indian Tribe.

Scott W. Wheat (argued), Office of Tribal Attorney of the Suquamish Indian Tribe, Suquamish, Washington, for intervenor-plaintiff/petitioner-appellee Suquamish Indian Tribe.

Alix Foster, Office of the Tribal Attorney of the Swinomish Indian Tribal Community, LaConner, Washington, for intervenor-plaintiff/petitioner-appellee Swinomish Indian Tribe.

Mason D. Morisset, Morisset, Schlosser, Ayer & Jozwiak, Seattle, Washington, for intervenor-plaintiff/appellee Tulalip Tribes of Washington.

Gregory M. O'Leary (argued), Seattle, Washington, for intervenor-plaintiff/respondent-appellant Muckleshoot Indian Tribe.

Before: Mary M. SCHROEDER, Robert R. BEEZER, and Michael Daly HAWKINS, Circuit Judges.

Argued and Submitted September 12, 2000 — Seattle, Washington.

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal concerns the limits of the Muckleshoot Tribe's saltwater usual and accustomed fishing area under the Boldt Decision. Because we agree with the district court that the Muckleshoot's saltwater usual and accustomed fishing area, as found by Judge Boldt, was limited to Elliott Bay, we affirm the grant...

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