United States v. Washington

In the 1850s, the United States (plaintiff) executed five treaties with Indian tribes (plaintiffs) in what later became western Washington. Under those treaties, known as the Stevens Treaties, the tribes ceded land to the United States for settlement in exchange for certain benefits. Among other things, the treaties reserved to the tribes the right to take fish anywhere within their usual and accustomed fishing areas. There was, however, a shellfish proviso stating that the tribes must not take shellfish from any beds staked or cultivated by citizens. In 1895, Washington State (defendant) passed laws allowing the purchase of tidelands by private citizens, including tidelands containing natural shellfish beds. The state, private tideland owners, and commercial shellfish growers (defendants) later started to claim that the tribes were not entitled to freely collect shellfish. In response, the tribes and the United States filed suit against the state, landowners, and growers, seeking a declaration of the tribes’ rights to shellfish under the Stevens Treaties. The district court held that (1) the term “fish” in the treaties included shellfish; (2) the tribes had a right to take one half of the harvestable shellfish of every species found anywhere within their usual and accustomed fishing areas, except as provided by the shellfish proviso; and (3) the shellfish proviso excluded the tribes only from artificial shellfish beds. The state, landowners, and growers appealed.