SEATTLE — U.S. District Judge Ricardo S. Martinez ruled Wednesday in favor of the Upper Skagit Indian Tribe in a long-running dispute over fishing rights near Puget Sound, concluding that the Stillaguamish Tribe failed to demonstrate historical evidence of fishing in the contested marine areas. This decision marks a significant moment in a legal battle rooted in the landmark 1974 ruling by U.S. District Judge George Hugo Boldt, which affirmed Native American tribes’ rights to fish in their “usual and accustomed” (U&A) fishing grounds under an 1855 treaty.
The dispute arose when the Stillaguamish Tribe sought a legal determination that their U&A fishing grounds included saltwater areas around Whidbey Island and Camano Island, including Saratoga Pass, Penn Cove, and Skagit Bay. The Upper Skagit Indian Tribe opposed this, arguing that the Stillaguamish Tribe had no historical basis for claiming these marine areas as part of their traditional fishing grounds.
On remand from the Ninth Circuit, Judge Martinez reviewed expert testimony and historical evidence before concluding that the Stillaguamish Tribe had not established that they customarily fished in the claimed marine waters. The judge noted that the evidence presented by the Stillaguamish’s expert, historian Chris Friday, was speculative and failed to show by a preponderance of the evidence that the tribe fished in saltwater areas near Puget Sound during treaty times.
