Puyallup Tribe v. Department of Game of Washington (Puyallup I)
United States Supreme Court
391 U.S. 392 (1968)
- Written by Eric Miller, JD
Facts
An 1854 treaty gave the Puyallup Tribe (defendant) the right to fish at the tribe’s usual and accustomed places, some of which were technically outside the boundaries of the tribe’s reservation. However, the State of Washington’s Department of Game and Department of Fisheries (collectively, the state) (plaintiff) regulated the manner in which certain fish could be caught. The Puyallups used nets that were prohibited by these regulations. The state brought suit for declaratory and injunctive relief. The Puyallups argued that the treaty exempted them from the state’s regulatory scheme. The trial court found in favor of the state. The Washington Supreme Court affirmed the judgment but remanded for further findings pertaining to the reasonableness of the regulation as a conservation measure. The Puyallups petitioned the United States Supreme Court for certiorari, which was granted.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
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