Case library · Treaty Waters
Fifty Miles From Home
Settler v. Lameer (1974)
Charge: Tribal regulation of off-reservation fishingCourt: U.S. Court of Appeals, 9th CircuitState: WashingtonDocket: Treaty Waters
Does a tribe's power to police its members' fishing reach places off the reservation where a treaty secured that fishing?
The facts
Two enrolled members of a Nation fished with a gillnet during a closed season at river sites their people had always used, well outside the reservation. The Nation's own wardens arrested them, one more than fifty miles from it. Its tribal court fined them, suspended their fishing and took their gear. An 1855 treaty reserved exclusive fishing in reservation streams and, separately, the right to take fish at all usual and accustomed places in common with other citizens.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Settler v. Lameer, 507 F.2d 231 (9th Cir. 1974)
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