Lower Elwha Klallam Tribe v. Lummi Nation

OPINION

McKEOWN, Circuit Judge:

This appeal asks whether the Treaty of Point Elliott (the “Treaty”) reserves to the Lummi Nation (the “Lummi”) the right to fish in the waters west of Whidbey Island, Washington. We previously , concluded that the Treaty secures the Lummfs right to fish in Admiralty Inlet because the Lummi would have used the Inlet as a passage to travel from its home in the San Juan Is-' lands to present-day Seattle. The same result holds here because the waters at issue are situated directly between the San Juan Islands and Admiralty Inlet and also would have served as a…