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UNITED STATES v. WASHINGTON

September 2, 1981

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


Walter E. Craig, United States District Judge.


The opinion of the court was delivered by: CRAIG

The Court has reviewed the Motion to Hold the State of Washington ("State"), the Washington Department of Fisheries ("Fisheries"), and the Prosecuting Attorney for Clallam County ("Prosecutor") in Contempt, and all portions of the record relating thereto, including but not limited to the affidavits and memoranda of the parties, and the Report and Recommendation of United States Magistrate John L. Weinberg, except as amended by Minute Order.

 IT IS THEREFORE ORDERED:

 
(1) The Court approves and adopts the Report and Recommendation on Makah Fishing at Mukkaw Bay;
 
(2) The Court finds and declares that its previous orders and injunctions limit all state regulation of treaty fishing, without regard to whether the State relies upon a statute or regulation specifically listed in paragraph 6 of the Injunction entered March 22, 1974;
 
(3) The Court finds that Fisheries and the Prosecutor have interfered with the treaty fishing rights of the Makah Indians, in violation of this court's previous injunction and other orders;
 
(4) Under all the circumstances, however, the Court denies the motion to hold the State, Fisheries and the Prosecutor in contempt at this time;
 
(5) The Prosecutor is directed to take steps immediately to dismiss the pending prosecutions, with prejudice;
 
(6) All respondents are directed to return to the Makahs immediately all nets and related gear seized by Fisheries and not already returned;
 
(7) Fisheries and its officers and agents are enjoined from further interference with set-net fishing by Makah Indians in Mukkaw Bay, except as such regulation is specifically permitted by orders of this court;
 
(8) The request by the Makahs for compensatory and punitive damages is denied, without prejudice to the rights of all parties in Case No. C81-871M;
 
(9) The motion by Fisheries for reconsideration, for allowance of additional testimony or in the alternative for clarification, is denied;

 and

 (10) The Clerk shall direct copies of this order to the distribution list, and to ...


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