Members of the Lummi Nation take to the waters. Photo from Lummi Nation

The Lummi Nation wants to work with fellow tribes in Washington to protect their treaty rights after a federal appeals court ruled in a fishing dispute.

Chairman Tim Ballew said tribes should keep fishing cases out of federal court. "Every time we do that, we put our treaty rights at risk," he said in a video posted on the Lummi Communications Facebook page.

In a 2-1 decision on August 19, the 9th Circuit Court of Appeals held that parts of the tribe's "usual and accustomed" fishing grounds have not been determined. The Jamestown S’Klallam Tribe, the Lower Elwha Klallam Tribe and the Port Gamble S’Klallam Tribe had been trying to exclude Lummi fishermen from certain areas so the ruling is a victory for the tribe.

"All in all, it's a good step towards where we need to be," Ballew said in the video.

The dispute is a sub-proceeding in the long-running U.S. v Washington fishing rights case. In 1974, the late Judge George Hugo Boldt held that tribes in the state were entitled to half of the entire catch.

Since then, several tribes have been litigating the areas where they can and cannot fish. The dispute between the Lummis and the Sklallam tribes dates back to 1989.

Turtle Talk has posted documents from the appeal and the lower court case, US v. Washington, sub-proceeding 11-02 . Oral arguments are available on the Indianz.Com SoundCloud.

Get the Story:
Lummi Nation wins key battle over fishing rights (KGMI 8/28)
Reversal by 9th in Tribal Fishing Rights Dispute (Courthouse News Service 8/20)

9th Circuit Decision:
Lower Elwha Klallam Indian Tribe v. Lummi Nation (August 19, 2014)

Related Stories:
9th Circuit allows Lummi Nation to pursue fishing rights claims (8/20)
Lummi Nation argues for treaty fishing rights in disputed areas (04/15)