Makah Nation – Turtle Talk

Materials on Makah Indian Tribe’s Request for Determination Re Quileute and Quinault Usual and Accustomed Fishing Grounds in the Pacific Ocean

February 23, 2015Matthew L.M. Fletcher2 Comments

There is the potential for an enormous amount of chaos for both US v. Washington and for any Indian tribe with extant treaty rights based on the arguments going on here now. Most notably, several tribes (Quinault, Quileute, and Hoh) are claiming that the Sherrill-based equitable defenses may apply in some way to Indian treaty claims.

I find this personally horrifying and disturbing — that any tribe would claim that Sherrill and its Second Circuit progeny apply to treaty rights. Sherrill is a statute-based claim, and so are the Second Circuit cases that purport to follow its reasoning. Treaty rights are an entirely different genre.

I sincerely hope the U.S. v. Washington tribes will opt-out of federal litigation — with its potential to undercut treaty rights for tribes all over the country — and move toward an inter-tribal treaty. There is at least one proposal on the table, and tribal leaders and tribal constituents should act quickly to adopt it. These inter-tribal disputes are doing nothing now but threatening to make bad law for everyone.

Luckily, Judge Martinez did not hold that equitable defenses apply here, but who knows what will happen in the Ninth Circuit and beyond.

Here are the new materials in subproceeding 09-01 of United States v. Washington (No. 70-9213) (W.D. Wash.):

248 Makah Motion for Summary J on Equitable Defenses

251 Quinault and Quileute Motion for Summary J

267 Quinault and Quileute Response to 248 Motion

274 Makah Reply in Support of 248 Motion

275 Interested Tribes Response to 251 – Equitable Defenses

276 Hoh Tribe Response to 251

277 Makah Response to 251

279 Quileute and Quinault Reply in Support of 251

281 Quileute and Quinault Reply in Support of 251

283 Quileute and Quinault Motion to Define Burden of Proof

284 Interested Tribes Response to 283 — Burden of Proof

285 US Response to 283 — Burden of Proof

286 Upper Skagit Tribe Response to 283 — Burden of Proof

287 Makah Response to 283 — Burden of Proof

288 State of Washington Response to 283 — Burden of Proof

289 Quileute and Quinault Reply to 284 in Support of 283

290 Quileute and Quinault Reply in Support of 283

296 Makah Surreply re 283

304 DCT on Motions for Summary J

306 DCT Pretrial Order

Materials in a related pending Ninth Circuit matter in subproceeding 09-01 are here.

Ninth Circuit Materials in Hoh/Quinault/Quileute v. Port Gamble/Jamestown/Makah Subproceeding 09-1

October 14, 2014Matthew L.M. Fletcher1 Comment

Here are the briefs in United States v. Washington subproceeding 09-1:

Hoh Tribe Opening Brief

Quinault & Quileute Tribes Opening Brief

Makah Answer Brief

Port Gamble and Jamestown S’Klallam Tribes Answer Brief

Washington Answer Brief

Hoh Tribe Reply

Quileute & Quinault Reply

Oral argument audio and video.

Lower court materials.

Judge Martinez Grants Makah Motion for Summary Judgment in U&A Dispute with Quinault and Quileute

July 11, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Washington subproceeding 09-1 (W.D. Wash.):

DCT Order

Makah Motion for Partial Summary J

Quileute Response

Quinault Response

Makah Reply

Makah Rez Featured in the Seattle Times Travel Section

June 23, 2008June 23, 2008trentcrable

To read the story, see the pictures, and watch the audio/video clip (featuring narration by my cousin Janine!) go to the paper’s site here.

From the Seattle Times:

When Polly DeBari looks at Tatoosh Island, she sees the historic lighthouse, the crumpled old weather station and the crane clinging to the rocky terrain.

In her mind, she also sees the generations of Makah who once paddled out to the tiny coastal island off Cape Flattery for summer halibut and whaling seasons.

“You think about years and years ago, your parents, your great-grandparents, your ancestors were on that island,” she said. “It’s just kind of special to know you could be so close.”

In the summer, DeBari has a regular perch with a clear vantage of the island. She is a cultural interpreter for the Makah Cultural & Research Center, and spends summer days high above the sea at Cape Flattery, where the Pacific Ocean and the Strait of Juan de Fuca joust for territory.

She welcomes people to the Makah reservation and the most northwesterly point in the contiguous United States.

Makah Whale Hunt Draft EIS

May 12, 2008Matthew L.M. Fletcher

Here it is.

Two Makah Whalers Convicted in Federal Court

April 8, 2008Matthew L.M. Fletcher

From Indianz:

A federal magistrate convicted two members of the Makah Nation of Washington for hunting a gray whale without federal approval.

Wayne Johnson and Andy Noel were convicted of conspiracy to violate the Marine Mammal Protection Act and unlawfully taking a marine mammal. They waived the right to a jury trial but plan to take their case to the >9th Circuit Court of Appeals. Johnson and Noel face up to one year in prison Three other tribal members who participated in the hunt pleaded guilty in exchange for no prison time.

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Federal Plea Deal with Makah Whalers Falls Apart

March 25, 2008Matthew L.M. Fletcher

From the Seattle Times:

TACOMA — A plea agreement expected from five Makah whalers this afternoon fell apart when the whalers realized that the U.S. government planned to restrict their future whale hunts.

Federal authorities expected the five tribal members who killed a gray whale during an unlicensed hunt last September to sign off on the plea — which would have kept the whalers from serving jail time.

Because they declined to take the plea deal, the whalers still face up to one year in custody, a $100,000 fine, up to five years of probation and possible community service. The five men will return to court Thursday with either a new plea agreement worked out or to make plans for the case to go to trial.

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NPR: Makah Views Whalers as Heroes and Nuisances

March 14, 2008Matthew L.M. Fletcher

From NPR:

Listen

All Things Considered, March 12, 2008 · Five Makah Indians are due in federal court next month to face charges of illegally killing a gray whale in the waters off Washington state. The men say they did it out of frustration: Their tribe has a recognized treaty right to hunt the whales, but it has been waiting years for a government permit.

The hunters’ actions have had more than just legal consequences. The rest of the tribe has come to see them as both troublemakers and heroes.

Wayne Johnson, one of the men, says he’s afraid to go back to the Makah reservation and face the leaders of his tribe. His troubles started on a sunny day last September, when he decided he was no longer going to wait for a government permit to go whaling.

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U.S. v. Gonzales et al. — Makah Whalers — Hearing re Pre Trial Motions

January 25, 2008Matthew L.M. Fletcher

In response to the pre-trial motions that have been filed, the district court will hear these motions on February 19 and 20, 2008. There will be a full evidentiary hearing on these motions. The court also granted the Makah Tribe’s motion for leave to appear as amicus in this case.

DCT Scheduling Order

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