Skokomish Tribe v. Jamestown S'Klallam Tribe, No. 17-35760 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's grant of summary judgment against the Skokomish Tribe and in favor of respondents, in an action concerning which tribe had primary fishing rights within an already recognized "usual and accustomed" (U&A) territory. In United States v. Washington, Judge Boldt issued a permanent injunction, which granted tribal fishing rights, outlining the geography of the U&A locations of all the signatory tribes.
The panel affirmed the district court's summary judgment order on the ground that the Skokomish failed to comply with the Boldt Decision's pre-filing jurisdictional requirements. The court held that a failure to abide by the pre-filing requirements was a failure to invoke the jurisdiction of this court. Therefore, the panel lacked the ability to proceed to the merits.
Court Description: Tribal Matters / Fishing Rights The panel affirmed the district court’s summary judgment in favor of respondents concerning the Skokomish Tribe’s claim that it had “usual and accustomed” (“U&A”) fishing rights in the Satsop River pursuant to United States v. State of Washington, 626 F. Supp. 1405 (1984), aff’d, 764 F.2d 670 (9th Cir. 1985) (“1984 Subproceeding”).
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