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UNITED STATES v. WASHINGTON

May 4, 1981

UNITED STATES OF AMERICA, et al., Plaintiffs,
v.
STATE OF WASHINGTON, et al., Defendants



The opinion of the court was delivered by: CRAIG

 Based on the Findings of Fact and Conclusions of Law herein, entered this date, it is HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

 1. The Jamestown Clallam Tribe of Indians is hereby decreed to be a treaty tribe entitled to exercise on behalf of itself and its members treaty fishing rights under the Treaty of Point No Point (12 Stat. 933) pursuant to all the orders and rulings in this case when:

 (1) It provides certification and identification of its tribal fishermen as specified in paragraph (f), 384 F. Supp. at 341; and

 (2) It adopts and files with the court and all other parties tribal regulations for the fishing activities of its members and specifying the areas to be opened to fishing by tribal members; and

 (3) It submits to the court, pursuant to paragraph 25(f) of the Injunction of March 22, 1974 (384 F. Supp. at 419), a request to determine its specific usual and accustomed fishing places, with prima facie evidence in support of its request.

 2. Nothing in this Order constitutes a determination as to the location of any specific usual and accustomed fishing places of the Jamestown Clallam Tribe. The absence of a determination that a specific fishing area is a usual and accustomed fishing place of the tribe shall not preclude the tribe or its members from exercising treaty fishing rights at such location if opened under a tribal regulation filed pursuant to paragraph 1 above and if the location has been identified in a request for determination submitted pursuant to said paragraph 1, subject to the authority of any other party to contest the location within seven days of service of such request consistent with the prior judgment and orders of this court.

 IT IS SO ORDERED this 4th day of May 1981.

 Walter E. Craig United States District Judge

19810504

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