United States of America, Tulalip Tribe, Plaintiff-Intervenor-Appellee v. Lummi Indian Tribe, Plaintiff-Intervenor-Appellant

BEEZER, Circuit Judge:

The Lummi Indian Tribe appeals from a judgment holding that in 1855 certain waters in the northern part of Puget Sound were usual and accustomed fishing grounds of the Tulalip Tribes. We affirm.

I

The United States and various tribes, including predecessors to the Lummi and Tulalip Tribes, entered into the Treaty of Elliott Point in 1855. Article V of the Treaty reserves to signatory tribes “[t]he right of taking fish at usual and accustomed grounds and stations ... in common with all citizens of the Territory....” 12 Stat. 927, 928.

In 1975 we affirmed the decision of…