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UNITED STATES v. WASHINGTON

October 23, 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 fully reviewed and carefully considered the Requests for Determination of the Lower Elwha and Port Gamble Bands of Klallam Indians regarding their usual and accustomed fishing places, the documentary and testimonial evidence offered in hearings before United States Magistrate Robert E. Cooper, on all aspects relevant to the Requests, and the oral argument of counsel.

 Based on all the pleadings, testimony, evidence, memoranda and oral arguments submitted, this court FINDS, HOLDS and DECREES as follows:

 339.* The present day Lower Elwha and Port Gamble Bands of Klallam Indians are descendents of the Klallam groups who, at treaty times, shared a common language and a common culture and inhabited a dozen or more villages along the northern shore of the Olympic Peninsula. The Port Gamble Indian community was established about 1853, when Klallams moved to the area because of employment opportunities. The Klallams who settled at Port Gamble continued to fish the waters of the Strait of Juan de Fuca and the streams draining into the Strait that were associated with their original homes, as well as the waters of Port Townsend, Port Ludlow, Port Gamble and adjacent marine areas.

 340. At treaty times, the Klallams regularly visited Hood Canal for fishing, shellfish digging and berry picking. In addition, Klallams regularly fished the waters of northern Puget Sound around the San Juan Islands and Whidbey Island, and in the Haro and Rosario Straits.

 341. The usual and accustomed fishing grounds of the Port Gamble Band of Klallam Indians include the waters of the Strait of Juan de Fuca, and all the streams draining into the Strait from the Hoko River east to the mouth of Hood Canal. In addition, the Port Gamble Klallam Band has usual and accustomed fishing rights on the Sekiu River, but the fishing on this river shall be subject to the control and regulation of the Makah Indian Tribe. Furthermore, the usual and accustomed fishing grounds of the Port Gamble Klallam Band include the waters of the San Juan Islands archipelago and the waters off the west coast of Whidbey Island. The usual and accustomed fishing grounds of the Port Gamble Klallam Band also include Hood Canal and all streams draining into Hood Canal except the Skokomish River and all of its tributaries.

 [SEE APPENDIX A IN ORIGINAL]

 DATED this 23rd day of October, 1981.

 Walter E. Craig

 UNITED STATES DISTRICT JUDGE

19811023

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