Washington tribe reels in another chance to expand fishing territory

The Ninth Circuit ruled Monday that the Sauk-Suiattle Indian Tribe can proceed with claims seeking expanded fishing rights on the Baker River and certain marine waters, reversing a lower court dismissal. The case traces back to a 1974 ruling by Judge George Boldt interpreting 1855 treaty rights to 'usual and accustomed' fishing grounds.

The panel found a 2023 ruling already foreclosed the tribe's claim to the Skagit River itself, since Boldt had deliberately excluded it, but the Baker River — a tributary — had never actually been litigated despite decades of surrounding water-rights disputes. Four other tribes had intervened to block the suit entirely; the appeals court sided with them only in part.

The tribe's attorney cautioned the ruling doesn't decide the merits, just that the tribe gets to keep arguing them — 'we are only on chapter three of about seven,' he said.

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