Puyallup Tribe, Inc. v. Department of Game of Washington

Summary

The Court held that Washington courts could not impose relief directly against the Puyallup Tribe without a waiver or consent, although they could adjudicate and regulate the fishing activities of individual tribal members. It rejected the Tribe’s claim to exclusive, unregulated on-reservation steelhead fishing and upheld the conservation-based allocation of 45% of the natural steelhead run to treaty net fishing. The judgment was vacated insofar as it directed relief against the Tribe and the case was remanded for further proceedings. Justice Brennan, joined by Justice Marshall, dissented in part, contending that the treaty reserved exclusive on-reservation fishing rights and that the case should be remanded to determine only necessary conservation measures; Justice Blackmun concurred while questioning the continuing vitality of tribal immunity doctrine.