Department of Game v. Puyallup Tribe, 414 U.S. 44 (1973)

Department of Game of Washington v. Puyallup Tribe


No. 72-481


Argued October 10, 1973
Decided November 19, 1973 *
414 U.S. 44

CERTIORARI TO THE SUPREME COURT OF WASHINGTON

Syllabus

Commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department’s regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups’ net-fishing rights and the rights of sports fishermen. Pp. 45-49

80 Wash.2d 561, 497 P.2d 171, reversed and remanded.

DOUGLAS, J., delivered the opinion for a unanimous Court. WHITE, J., filed a concurring opinion, in which BURGER, C.J., and STEWART, J., joined, post, p. 49.