DOCSLIB.ORG

57 Tulalip Tribes Brief

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Case 2:70-cv-09213-RSM Document 22208 Filed 05/29/20 Page 1 of 26 1 THE HONORABLE RICARDO S. MARTINEZ 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 UNITED STATES OF AMERICA et al., Case No. C70-9213 9 Petitioners, Subproceeding No. 19-1 10 vs. TULALIP MOTION FOR SUMMARY 11 JUDGMENT AND INJUNCTION STATE OF WASHINGTON et al., 12 Noting Date: July 31, 2020 Respondent. 13 14 I. Motion 15 The Tulalip Tribes file this Motion for a Summary Judgment to prohibit the Lummi Nation 16 (“Lummi”) from engaging in any fishing for finfish or shellfish in Shellfish Region 2 East. Tulalip 17 also moves for a permanent injunction enjoining Lummi and its fishers from engaging in 18 any fishing in the named Region. 19 20 II. Background and Statement of the Case. 21 This subproceeding was triggered by recent Lummi attempts to engage in crab fisheries in Region 22 2E. In 2018, Lummi filed for a crab fishery in Region 2E. Most recently, Lummi scheduled an 23 opening on November 6, 2019. Lummi issued the regulation opening the Region 2 East crab 24 fishery even though it has never before fished for crab in Region 2 East and has not established a 25 right to fish there. See Lummi 2019-65 Region 2E Crab Regulation, attachment 2 hereto. That TULALIP MOTION FOR SUMMARY JUDGMENT Morisset Schlosser Jozwiak & Somerville Page 1 811 First Avenue, Suite 218 Civil Case No. C70-9213/Subproceeding 19-1 Seattle, WA 98104 206.386.5200 Case 2:70-cv-09213-RSM Document 22208 Filed 05/29/20 Page 2 of 26 1 particular opening was barred by a preliminary injunction filed by the court on December 3, 2019. 2 Dkt. No. 22124. 3 Region 2 East encompasses waters of prime importance to Tulalip. Those waters, including 4 the secluded waters east of Whidbey Island, as well as Possession Sound, Port Susan, and Saratoga 5 Pass, are shown on the attached map. Attachment 1. These are all “home” waters near or adjacent 6 to the Tulalip reservation and of prime importance to Tulalip fishers. Tulalip, along with the 7 Swinomish Tribal Community and the Upper Skagit Indian Tribe (collectively, the “Region 2 East 8 Tribes”) has managed and participated in the crab fishery in Region 2 East for many years. The 9 Region 2 East Tribes issued regulations to open the winter crab fishery in Region 2 East on 10 November 4, 2019. 11 Despite never having participated in a Region 2 East crab fishery, Lummi responded with 12 a regulation opening the same fishery, estimating an effort of 10 boats. Attachment 2 supra. Even 13 if Lummi limits its effort to ten boats, its fishery will likely cause the treaty harvest to surpass the 14 agreed quota and it would be expected that all participating fishers would suffer unexpected 15 economic loss. See November 5, 2019 Declaration of McHugh, attachment 3 herein. Because of 16 the proximity of the subject waters to the Tulalip reservation, this impact will be significant. See 17 November 5, 2019 Declaration of Gobin, attachment 4 herein. In order to prevent this harm to 18 Tulalip and its fishers, as well as to the other Region 2 East Tribes, Tulalip brings this Motion for 19 Summary Judgment. 20 In filing its regulation No. 2019-65 of November 4, 2019, attachment 2, last year, Lummi 21 made substantial misrepresentations. It claimed in its regulation to be filing “per co-management 22 agreement for the 2019-2020 region 2E” crab harvest. However, Lummi is not a co-manager of 23 the 2E crab harvest. Lummi does not have U&A in the area and there is no management agreement 24 that opens this area to Lummi fishing for crab in-kind with the four existing tribes who planned 25 the 2019 treaty Region 2 East crab fishery. See November 5, 2019 Declaration of McHugh, Para. TULALIP MOTION FOR SUMMARY JUDGMENT Morisset Schlosser Jozwiak & Somerville Page 2 811 First Avenue, Suite 218 Civil Case No. C70-9213/Subproceeding 19-1 Seattle, WA 98104 206.386.5200 Case 2:70-cv-09213-RSM Document 22208 Filed 05/29/20 Page 3 of 26 1 7. The Lummi regulation constitutes a “drastic modification” of the status quo. McHugh 2 Declaration Para. 5. Lummi has a fleet of approximately 200 fishing vessels which represents a 3 significant and potentially uncontrolled fishery effort that was not included in planning the Region 4 2 East fishery. Id., Para. 6. Lummi has not fished for crab in Region 2 East nor have they 5 participated in meaningful management actions. Id., Para 7. There are no known landings for 6 Lummi fishers since the affirmance of tribal shellfish rights. Id. Para 7. Although the event that 7 triggered this action was the Lummi shellfish regulation, Tulalip seeks to bar all Lummi fishing in 8 2E. 9 This fishery is centrally important to Tulalip tribal members. November 5, 2019 10 Declaration of Gobin, Para 3. A large part of Tulalip fisher’s income is derived from the fishery. 11 Id. It is of critical cultural significance. Id. Area 2E is the heartland of the Tulalip Tribes and 12 Lummi attempts to impose their massive fleet into the heartland is deeply offensive to Tulalip. 13 The presence of a Lummi fleet will substantially diminish the opportunity for a Tulalip 14 fishery. Id. The 2 East area provides 95% of Tulalip ceremonial and subsistence harvest of 15 shellfish. The precipitous action of Lummi violates and hinders Tulalip reliance on this area. 16 The requesting party Tulalip Tribes is a political successor in interest to certain tribes, 17 bands, and groups of Indians which were parties to the Treaty of Point Elliott, 12 Stat. 927, and 18 holds fishing rights under that treaty. 19 The Tulalip U&As are set forth in Findings of Fact 380 and 381, U.S. v. Washington, 626 20 F. Supp. 1527, 1530-1531 (W.D. Wash. 1985), subject to certain limitations and exclusions 21 contained in that decision. Tulalip U&As include substantially all of Region 2 East. 22 23 III. Argument 24 A. Motion for Summary Judgement—Standard of Review 25 TULALIP MOTION FOR SUMMARY JUDGMENT Morisset Schlosser Jozwiak & Somerville Page 3 811 First Avenue, Suite 218 Civil Case No. C70-9213/Subproceeding 19-1 Seattle, WA 98104 206.386.5200 Case 2:70-cv-09213-RSM Document 22208 Filed 05/29/20 Page 4 of 26 1 Pursuant to Fed. R. Civ. P. 56(c). Tulalip moves for Summary Judgement that Lummi 2 possesses no fishing U&A for any species in State shellfish harvest area 2E and for an injunction 3 prohibiting all fishing in the area by Lummi. 4 Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Courts view 5 inferences to be drawn from the underlying facts in the light most favorable to the non-moving 6 party. Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574 (1986). Once the 7 moving party meets its burden under Rule 56(c), the adverse party “may not rest upon the mere 8 allegations or denials of the adverse party’s pleading, but the adverse party’s response, by 9 affidavits or as otherwise provided in this Rule, must set forth specific facts showing that there is 10 a genuine issue for trial.” Fed. R. Civ. P. 56(e). The non-moving party must do more than 11 simply show “some metaphysical doubt as to the material facts.” Matsushita. The mere 12 existence of “a scintilla of evidence” supporting the non-moving party’s position is insufficient; 13 there must be evidence on which the finder of fact could reasonably find for the non-moving 14 party. Anderson v. Liberty Lobby Inc., 477 U.S. 242 (1986). 15 In this case, the Preliminary Injunction issued by the court prevented Lummi from fishing 16 where it has never fished before. A permanent injunction is needed to preserve the status quo and 17 eliminate continued probes by Lummi to expand its fishing areas. 18 B. Lummi’s Incursion into Region 2 East 19 In May 2018, Lummi issued a regulation purporting to open a Region 2 East fishery, 20 refused during negotiations with the Region 2 East Tribes to commit to abstaining from fishing 21 pursuant to its regulation, and threatened to open catch area 24A (Skagit Bay) if its demands 22 were not met. United States v. Washington (Subp. No. 18-1), Dkt. 9 ¶¶ 12-16. The Region 2 23 East Tribes sought and were granted a request to open Subproceeding 19-1 and filed motions for 24 temporary restraining orders. United States v. Washington (Subp. No. 18-1), Dkt. 7. Only then 25 TULALIP MOTION FOR SUMMARY JUDGMENT Morisset Schlosser Jozwiak & Somerville Page 4 811 First Avenue, Suite 218 Civil Case No. C70-9213/Subproceeding 19-1 Seattle, WA 98104 206.386.5200 Case 2:70-cv-09213-RSM Document 22208 Filed 05/29/20 Page 5 of 26 1 did Lummi withdraw its threat. United States v. Washington (Subp. No. 18-1), Dkt. 19, at p. 1 2 (“the Lummi have no present plan to fish in those waters.”) 3 On September 24, 2019, Lummi unequivocally stated its intention to fish in Region 2 East: 4 “Lummi intends to have up to 10 fishers and fishing vessels participate in the next 2E tribal crab 5 opening” which was (and is) planned for early November 2019.
Recommended publications
  • North: Lummi, Nooksack, Samish, Sauk-Suiattle, Stillaguamish

    North: Lummi, Nooksack, Samish, Sauk-Suiattle, Stillaguamish

    Policy 7.01 Implementation Plan Region 2 North (R2N) Community Services Division (CSD) Serving the following Tribes: Lummi Nation, Nooksack Indian Tribe, Samish Indian Nation, Sauk-Suiattle Indian Tribe, Stillaguamish Tribe of Indians, Swinomish Tribal Community, Tulalip Tribes, & Upper Skagit Indian Tribe Biennium Timeframe: July 1, 2021 to June 30, 2022 Revised 04/2021 Annual Key Due Dates: April 1st - CSD Regional Administrators submit 7.01 Plan and Progress Reports (PPRs) to CSD HQ Coordinator. April 13th – CSD HQ Coordinator will submit Executive Summary & 7.01 PPRs to the ESA Office of Assistant Secretary for final review. April 23rd - ESA Office of the Assistant Secretary will send all 7.01 PPRs to Office of Indian Policy (OIP). 7.01 Meetings: January 17th- Cancelled due to inclement weather Next scheduled meeting April 17th, hosted by the Nooksack Indian Tribe. 07/07/20 Virtual 7.01 meeting. 10/16/20 7.01 Virtual meeting 01/15/21 7.01 Virtual 04/16/21 7.01 Virtual 07/16/21 7.01 Virtual Implementation Plan Progress Report Status Update for the Fiscal Year Goals/Objectives Activities Expected Outcome Lead Staff and Target Date Starting Last July 1 Revised 04/2021 Page 1 of 27 1. Work with tribes Lead Staff: to develop Denise Kelly 08/16/2019 North 7.01 Meeting hosted by services, local [email protected] , Tulalip Tribes agreements, and DSHS/CSD Tribal Liaison Memorandums of 10/18/2019 North 7.01 Meeting hosted by Understanding Dan Story, DSHS- Everett (MOUs) that best [email protected] meet the needs of Community Relations 01/17/2020 North 7.01 Meeting Region 2’s Administrator/CSD/ESA scheduled to be hosted by Upper Skagit American Indians.
  • Section II Community Profile

    Section II Community Profile

    Section II: Community Profile Section II Community Profile Hazard Mitigation Plan 2010 Update 9 [this page intentionally left blank] 10 Hazard Mitigation Plan 2010 Update Section II: Community Profile Community Profile Disclaimer: The Tulalip Tribes Tribal/State Hazard Mitigation Plan covers all the people, property, infrastructure and natural environment within the exterior boundaries of the Tulalip Reservation as established by the Point Elliott Treaty of January 22, 1855 and by Executive Order of December 23, 1873, as well as any property owned by the Tulalip Tribes outside of this area. Furthermore the Plan covers the Tulalip Tribes Usual and Accustom Fishing areas (U&A) as determined by Judge Walter E. Craig in United States of America et. al., plaintiffs v. State of Washington et. al., defendant, Civil 9213 Phase I, Sub Proceeding 80-1, “In Re: Tulalip Tribes’ Request for Determination of Usual and Accustom Fishing Places.” This planning scope does not limit in any way the Tulalip Tribes’ hazard mitigation and emergency management planning concerns or influence. This section will provide detailed information on the history, geography, climate, land use, population and economy of the Tulalip Tribes and its Reservation. Tulalip Reservation History Archaeologists and historians estimate that Native Americans arrived from Siberia via the Bering Sea land bridge beginning 17,000 to 11,000 years ago in a series of migratory waves during the end of the last Ice Age. Indians in the region share a similar cultural heritage based on a life focused on the bays and rivers of Puget Sound. Throughout the Puget Sound region, While seafood was a mainstay of the native diet, cedar trees were the most important building material.there were Cedar numerous was used small to tribesbuild both that subsistedlonghouses on and salmon, large halibut,canoes.
  • Tribal Ceded Areas in Washington State

    Tribal Ceded Areas in Washington State

    Blaine Lynden Sumas Fern- Nooksack Oroville Metaline dale Northport Everson Falls Lummi Nation Metaline Ione Tribal Ceded Areas Bellingham Nooksack Tribe Tonasket by Treaty or Executive Order Marcus Samish Upper Kettle Republic Falls Indian Skagit Sedro- Friday Woolley Hamilton Conconully Harbor Nation Tribe Lyman Concrete Makah Colville Anacortes Riverside Burlington Tribe Winthrop Kalispel Mount Vernon Cusick Tribe La Omak Swinomish Conner Twisp Tribe Okanogan Colville Chewelah Oak Stan- Harbor wood Confederated Lower Elwha Coupeville Darrington Sauk-Suiattle Newport Arlington Tribes Klallam Port Angeles The Tulalip Tribe Stillaguamish Nespelem Tribe Tribes Port Tribe Brewster Townsend Granite Marysville Falls Springdale Quileute Sequim Jamestown Langley Forks Pateros Tribe S'Klallam Lake Stevens Spokane Bridgeport Elmer City Deer Everett Tribe Tribe Park Mukilteo Snohomish Grand Hoh Monroe Sultan Coulee Port Mill Chelan Creek Tribe Edmonds Gold Bothell + This map does not depict + Gamble Bar tribally asserted Index Mansfield Wilbur Creston S'Klallam Tribe Woodinville traditional hunting areas. Poulsbo Suquamish Millwood Duvall Skykomish Kirk- Hartline Almira Reardan Airway Tribe land Redmond Carnation Entiat Heights Spokane Medical Bainbridge Davenport Tribal Related Boundaries Lake Island Seattle Sammamish Waterville Leavenworth Coulee City Snoqualmie Duwamish Waterway Bellevue Bremerton Port Orchard Issaquah North Cheney Harrington Quinault Renton Bend Cashmere Rockford Burien Wilson Nation
  • 1855 Treaty of Point Elliott

    1855 Treaty of Point Elliott

    Treaty of Point Elliott, 1855 Articles of agreement and convention made and concluded at Muckl-te-oh, or Point Elliott, in the territory of Washington, this twenty-second day of January, eighteen hundred and fifty-five, by Isaac I. Stevens, governor and superintendent of Indian affairs for the saidTerritory, on the part of the United States, and the undersigned chiefs, head-men and delegates of the Dwamish, Suquamish, Sk-kahl-mish, Sam-ahmish, Smalh-kamish, Skope-ahmish, St-kah-mish, Snoqualmoo, Skai-wha-mish, N'Quentl-ma-mish, Sk-tah-le-jum, Stoluck-wha-mish, Sno-ho-mish, Skagit, Kik-i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku- mehu, Noo-wha-ha, Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah-bish, and othe allied and subordinate tribes and bands of Indians occupying certain lands situated in said Territory of Washington, on behalf of said tribes, and duly authorized by them. ARTICLE 1. The said tribes and bands of Indians hereby cede, relinquish, and convey to the United States all their right, title, and interest in and to the lands and country occupied by them, bounded and described as follows: Commencing at a point on the eastern side of Admiralty Inlet, known as Point Pully, about midway between Commencement and Elliott Bays; thence eastwardly, running along the north line of lands heretofore ceded to the United States by the Nisqually, Puyallup, and other Indians, to the summit of the Cascade range of mountains; thence northwardly, following the summit of said range to the 49th parallel of north latitude; thence west, along said
  • The Lummi Nation -- WRIA 1 (Mountains to the Sea)

    The Lummi Nation -- WRIA 1 (Mountains to the Sea)

    The Lummi Nation -- WRIA 1 (Mountains to the Sea) WRIA 1 is 1410 square miles in area: 832 square miles of WRIA 1 is in the Nooksack River watershed, the largest single watershed in the WRIA. Forty-nine square miles of the Nooksack watershed is in Canada. It has three main forks: the North, Middle, and South that Bellingham originate in the steep high-elevation headwaters of the North Cascades and flow westerly descending into flats of the Puget lowlands.The North and Middle Forks are glacial rivers and originate from Mount Baker. The South Fork is a snow/rain fed river and Watersheds of originates from the non-glaciated slope of theTwin Sisters peaks. The WRIA 01 Middle Fork flows into the North Fork upstream of where the North Fork confluences with the South Fork to form the mainstem Nooksack River. The mainstem then flows as a low-gradient, low-elevation river until discharging through the Lummi Nation and into Bellingham Bay. Historically, the Nooksack River alternated between discharging into Bellingham Bay, and flowing through the Lummi River and discharging into Lummi Bay (Collins and Sheikh 2002). The Nooksack River has five anadromous salmon species: pink, chum , Chinook , coho, sockeye; and three anadromous trout: steelhead, cutthroat and bull trout (Williams et al. 1975; Cutler et al. 2003). Drayton Blaine Harbor Whatcom County Lynden Land Zoning Everson Birch Bay Nooksack R. Urban Growth Area 4% of total land use NF Nooksack R. Agriculture Ferndale 8% of total land use Rural Residential Bellingham Deming 12% of total land use Lummi Lummi R.
  • The Tribes of Washington State Map Download

    The Tribes of Washington State Map Download

    12 8 28 17 26 6 9 18 24 2 7 27 5 15 13 22 4 25 There are 29 federally-recognized Native American tribes 21 located on reservations throughout Washington state. 16 Each tribe has a body of elected officials that oversees its 20 governmental programs. They provide services including 14 health care, education, housing, public safety, courts, 10 transportation, natural resources, environment, culture 23 and economic development. Gaming revenue is a major source of funding to pay for tribal government services. 11 Tribes are investing in new initiatives to diversify their economic base. Investments range from hotels to golf 1 courses to shopping centers. 19 Tribes employ more than 30,000 people statewide and pay more than $1.5 billion annually in wages and benefits. Capital spending, and the purchase of goods and services from private companies, adds billions more dollars to the state’s economy each year. Tribal economic activities also generate millions of dollars in federal, state and local taxes. 29 Washingtontribes.org is a public education program of the Washington Indian Gaming Association. washingtontribes.org 3 1. Chehalis The Confederated Tribes of the Chehalis 4. Hoh The Hoh Tribe has 443 acres of 7. Lower Elwha Klallam The Lower Elwha Klallam Tribe is located on roughly 11. Nisqually The Nisqually Indian Tribe has more 14. Puyallup The Puyallup Tribe of Indians has more than 4,000 members and is 18. Sauk-Suiattle The Sauk-Suiattle Indian Tribe is located near Darrington and 22. Spokane The Spokane Tribe of Indians’ reservation is 159,000 acres located 26.
  • 72 Muckleshoot Response

    72 Muckleshoot Response

    Case 2:17-sp-00003-RSM Document 72 Filed 11/14/18 Page 1 of 2 1 The Honorable Ricardo S. Martinez 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 9 UNITED STATES OF AMERICA, Case No. C70-9213 RSM 10 Plaintiffs, Subproceeding No. 17-03 11 vs. MUCKLESHOOT TRIBE’S RESPONSE 12 STATE OF WASHINGTON, et al., IN OPPOSTION TO TULALIP MOTION FOR PARTIAL SUMMARY JUDGMENT 13 Defendants. 14 15 The Muckleshoot Indian Tribe, as an intervenor-plaintiff in this case and as an interested 16 party in this subproceeding, opposes the Tulalip Tribe’s Motion for Partial Summary Judgment 17 18 (Dkt. 65) for the reasons set forth in Part I page 4, line 18 to page 7, line 11of the Port Gamble 19 and Jamestown S’Klallam Response to the Tulalip, Swinomish, and Upper Skagit Motions (Dkt. 20 70). The Tulalip Motion for Partial Summary Judgment should be denied. 21 Respectfully submitted this 14th day of November, 2018. 22 __/s/ Richard Reich __ ___ 23 Richard Reich, WSBA No. 8178 24 Ann Tweedy, WSBA No. 32957 Robert L. Otsea, Jr., WSBA No. 9367 25 Laura D. Weeks, WSBA No. 26992 Office of the Tribal Attorney 26 nd 39015-B 172 Avenue SE 27 Auburn, WA 98092 Telephone: (253) 876-3123 28 [email protected] Office of the Tribal Attorney MUCKLESHOOT TRIBE’S RESPONSE Muckleshoot Indian Tribe IN OPPOSTION TO TULALIP MOTION 39015-B 172nd Avenue SE FOR PARTIAL SUMMARY Auburn, WA 98092 (253) 939-3311 JUDGMENT – PAGE 1 Case 2:17-sp-00003-RSM Document 72 Filed 11/14/18 Page 2 of 2 1 2 CERTIFICATE OF SERVICE 3 4 I hereby certify that on November 14, 2018, I electronically filed the foregoing 5 MUCKLESHOOT TRIBE’S RESPONSE IN OPPOSTION TO TULALIP MOTION FOR PARTIAL SUMMARY JUDGMENT.
  • Tribes in the Pacific Northwest Region

    Tribes in the Pacific Northwest Region

    Tribes in the Pacific Northwest Region Tribe Full Name Tribe Alternate Name Tribe Contact Information Phone Web Site Burns Paiute Tribe Burns Paiute 100 Pasigo Street (541) 573-2088 http://www.burnspaiute-nsn.gov Burns, OR 97720-2442 Coeur D'Alene Tribe Coeur D'Alene P.O. Box 408 (208) 686-1800 http://www.cdatribe-nsn.gov/ 850 A Street Plummer, ID 83851-0408 Confederated Salish & Kootenai Tribes of Confederated Salish P.O. Box 278 (406) 675-2700 http://www.cskt.org the Flathead Reservation 42487 Complex Boulevard Pablo, MT 59855-0278 Confederated Tribes and Bands of the Confederated Yakama P.O. Box 151 (509) 865-5121 http://www.yakamanation-nsn.gov Yakama Nation 401 Fort Road Toppenish, WA 98948-0151 Confederated Tribes of Coos, Lower Confederated Coos 1245 Fulton Avenue (541) 888-9577 http://www.ctclusi.org Umpqua and Siuslaw Indians Coos Bay, OR 97420 Confederated Tribes of Siletz Indians of Siletz Tribe P.O. Box 549 (541) 444-2532 http://www.ctsi.nsn.us Oregon 201 SE Swan Avenue Siletz, OR 97380-0549 Confederated Tribes of the Chehalis Chehalis P.O. Box 536 (360) 273-5911 http://www.chehalistribe.org Reservation 420 Howanut Road Oakville, WA 98568 Confederated Tribes of the Colville Confederated Colville P.O. Box 150 (509) 634-2200 http://www.colvilletribes.com Reservation 1 Colville Street Nespelem, WA 99155-0150 Confederated Tribes of the Grand Ronde Grand Ronde Grand Ronde Tribes 9615 Grand Ronde Road (503) 879-5211 http://www.grandronde.org Community of Oregon Grand Ronde, OR 97347-9712 Confederated Tribes of the Umatilla Umatilla Tribe Nixyaawii Governance Center46411 (541) 276-3165 http://www.umatilla.nsn.us Indian Reservation Ti'míne Way Pendleton, OR 97801-0638 Confederated Tribes of the Warm Springs Warms Springs Tribe P.O.
  • TULALIP TRIBES' RESPONSE BRIEF I Mason D

    TULALIP TRIBES' RESPONSE BRIEF I Mason D

    I I No. 07-35061 I FOR THE NINTH CIRCUIT J(l_/I v,,_-t/L/)) I UNITED STATES OF AMERICA, ET AL., ",._r,_[ '" _ I Plaintiff and I UPPER SKAGIT TRIBE AND SWINOMISH INDIAN TRIBAL COMMUNITY Plaintiffs-Appellees, I V. I STATE OF WASHINGTON, ET AL., Defendant I and SUQUAMISH TRIBE I Defendant-Appellant I On Appeal from the United States District Court for the Western District of Washington at Seattle Honorable Ricardo S. Martinez I (District Court No. 70-9213) (Subp. 05-3 - Upper Skagit and Swinomish Tribes v. Suquamish Tribe) I THE TULALIP TRIBES' RESPONSE BRIEF I Mason D. Morisset, WSBA #00273 I Rob Roy Smith, WSBA #33798 Morisset, Schlosser, Jozwiak & McGaw 1115 Norton Building, 801 Second Avenue I Seattle, WA 98104-1509 Telephone: (206) 386-5200 I Facsimile: (206) 386-7322 Attorneys for Appellee The Tulalip Tribes I I I CORPORATE DISCLOSURE STATEMENT I (Circuit Rule 26.1) I The Tulalip Tribes is a federally recognized Indian tribe. It has issued no I shares of stock to the public and has no parent company, subsidiary or affiliate that has done so. I I I I I I I I I I I TABLE OF CONTENTS STATEMENT OF ISSUE PRESENTED ................................................................. 1 STATEMENT OF CASE AND PROCEEDINGS BELOW .................................... 1 A. Upper Skagit and Swinomish Request for Clarification ................................ 2 B. Suquamish Muddles the Clarification Proceeding ......................... ................ 3 C. Order on Cross Motions for Summary Judgment ........................................... 7 STATEMENT OF FACTS ....................................................................................... 8 A. Tulalip's Interest in This Appeal .................................................................... 8 B. Suquamish's Usual and Accustomed Fishing Area ........................................ 9 C.
  • Q4 2018 News Magazine

    Q4 2018 News Magazine

    w w sdukNewsalbix Magazine Issue #2 Winter Quarter 2018 In This Issue: • 20th Anniversary of Re-Recognition • Celebrating Tribal Heritage With The Snoqualmie Valley YMCA • Snoqualmie Welcomes N8tive Vote • And More! Call For Submissions Tribal Member News Here we present to you, the second issue of the new quarterly news magazine. We hope you are enjoying Northwest Native American Basketweavers Association reading the content and seeing the photos that this new, extended magazine format allows us to publish! Linda Sweet Baxter, Lois Sweet Dorman and McKenna Sweet Dorman traveled But as much as we like to write and enjoy creating content, we want this magazine to belong to all Tribal to Toppenish, WA to attend the Northwest Native American Basketweavers Members. If you have a story to tell or an item of news, art or photography you want to share please contact Association’s (NNABA) 24th annual gathering in October. us. We would be very happy to include your material in an upcoming issue of the magazine. They sat with Laura Wong-Whitebear, who was teaching coil weaving with Our e-mail address and our mailing address can be found in the blue box right below this space. You can hemp cord and waxed linen. contact us using either one. Please Welcome Rémy May! Christopher Castleberry and his wife Audrey Castleberry are honored to present their newest family member, Rémy May. Table of Contents sdukwalbixw News Magazine Staff Born on Nov. 27th she is 8lbs 6oz and 20.5 inches tall. Call For Submissions 2 Michael Brunk Here, dad and daughter are pictured at Snoqualmie Falls.
  • Nooksack Place Names Geography, Culture, and Language

    Nooksack Place Names Geography, Culture, and Language

    Nooksack Place Names Geography, Culture, and Language Allan Richardson and Brent Galloway Sample Material © 2011 UBC Press Noxwsá7aq Temíxw Pókw Nooksack Place Name Book Lhiyá kwes tse7ít xwhítsolh ilh ta Noxwsá7aq Temíxw tolí7 slhiyólh yestí7ixwólh. This here now is truly the history of the Nooksack Place Names from our late elders. Án7ma híkwt-as-kwm tíya s7aháynit ilh ta mókw’wát. It’ll be very important work for everyone. Ílholh ay ná7an kwóxwenalikw Selhám Líche7tsen qe sqw’ó7 ta Selhám Lawéchten. The authors were Mr. Allan Richardson along with Dr. Brent Galloway. S7aháynitas tíya Noxwsá7aq Temíxw Pókw tamatl’ótl’em qex syilánem, yalh as-híq’-as They worked on this Nooksack Place book for many years, finally it’s completed. Stl’í7-chalh kwes tson as7ísta tíya, “Yalh kwómalh as-hóy” ilh ta Selhám Líche7tsen qe Selhám Lawéchten kwes ay aháynitas tíya án7ma híkw syáyos. We want to say like this to Mr. Richardson and Dr. Galloway, “thank you” for working on this very important project. Ílh-olh-chalh kw ay wo7-aháyan-as tíya aslhq’ílnoxw ilh ta Lhéchalosemáwtxw-chalh. We are already using this information for our Lhéchalosem class. Íma ílh-olh-chalh kw ay wo7-aháyan-as tíya aslhq’ílnoxw ilh ta qalát ay welhtáchtxw-as welhnímelh xwhÍtsolh qe welhnímelh asláq’alhsólh. Also, we are already using this information for reclaiming our history and our culture. Tl’ósmas-kwom tse7ít-as tíya Pókw ay kwóxwen txwyátl’ slhiyólh sníchichim ilh ta Noxwsá7aq Stí7ti7ixw. Then so truly this book will help in the return of our language to the Nooksack People.
  • Marquette University Libraries, 2/98

    Marquette University Libraries, 2/98

    RAYNOR MEMORIAL LIBRARIES Acoma; related broad term = Pueblo Apache Arapaho, used for = Arapahoe Arikara Assiniboine, used for = Assineboine Atsina, used for = Gros Ventre Bannock Brulé (Lower Brule, Rosebud, Sicangu); Bureau of Catholic Indian Missions = related broad terms = Dakota, Sioux, Records, Series 2-1 School Records Lakota SURNAME MASTER INDEX Caddo INTRODUCTION Cahuilla; related broad terms = California, Mission Surnames from attendance records of California, used for = Digger, Mission; schools in 15 states, 1890s-1970s related narrow terms = Achomawi (Pit River), Cahuilla, Campo, Chumash, Last updated September, 2011 (still Cocopa, Cupeno, Diegueno, Hupa, incomplete); 15,000+ surnames now; Luiseno, Maidu, Miwok, Pomo, Serrano, estimated 30,000+ when complete. Some Washo, Yurok names from Arizona, Minnesota, Montana, Campo; related broad terms = California, New Mexico, and Oklahoma not yet Digger, Mission included. See introduction for more Cayuga; related broad term = Iroquois information. Alphabetized surnames followed by Cayuse ethnic group (Library of Congress terms; see Chehalis; related broad term = Coast table), state of school (zip codes; see table), Salish (Puget Sound & Straights Salish) and box number of records. All spelling Cherokee variations included to the extent possible. Cheyenne However, some variations may have been Chickasaw omitted due to difficulties in interpreting Chinook some handwritten names. Choctaw Chumash; related broad terms = Ethnic Groups California, Mission Library of Congress terms Clackamas (supplemented with Ethnologue terms, as Coast Salish (Puget Sound & Straights needed) for Native American tribes and Salish), related narrow terms = Chehalis, ethnic groups followed by related names that Cowlitz, Duwamish (Lushootseed), may appear in the records. “Used for” = Lummi, Muckleshoot, Nehalem, terms used in master surname list, but not Nisqually, Puyallup, Quinault, Skagit necessarily in the records.