273 P.3d 434
Wash.2012Background
- Jim, Yakama Nation member, was cited at Maryhill Treaty Fishing Access Site for unlawfully retaining undersized sturgeon caught under treaty rights.
- Maryhill is a treaty fishing access site established by Congress in 1988 to provide access to usual and accustomed fishing areas for four tribes, including Yakima Nation.
- Maryhill is claimed by the State to fall within state criminal jurisdiction; the majority holds it is reserved for tribal use and held in trust by the United States.
- The Yakama treaty of 1855 reserves fishing rights and separate in-lieu and access sites; Congress authorized in-lieu sites and treaty fishing access sites to be treated consistently with in-lieu sites.
- RCW 37.12.010 limits state jurisdiction in Indian country, with a geographic exception for Indians on tribal lands or allotted lands within an established Indian reservation and held in trust or with a restriction on alienation.
- The majority concludes Maryhill is an established reservation held in trust, thus excluding state criminal jurisdiction; the dissent would view Maryhill as not an established reservation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State has criminal jurisdiction at Maryhill. | Jim argues Maryhill is tribal land and an established reservation, exempting state jurisdiction. | State contends Maryhill is not an established reservation or is outside the reservation boundary. | Maryhill is an established reservation held in trust; state jurisdiction does not apply. |
Key Cases Cited
- United States v. Sohappy, 770 F.2d 816 (9th Cir. 1985) (held in-lieu site can be reservation for federal jurisdiction; relevant to state analysis here)
- State v. Sohappy, 110 Wn.2d 907 (1988) (held Cooks Landing (in-lieu) lacked state jurisdiction; narrowly limited to that site)
- State v. Cooper, 130 Wn.2d 770 (1996) (distinguishes allotment land from reservation land for jurisdiction purposes)
- United States v. John, 437 U.S. 634 (1980) (test for when land is a reservation for federal jurisdiction)
- United States v. Pelican, 232 U.S. 442 (1914) (early reservation-land principle informing federal jurisdiction)