# Puget Sound Gillnetters Ass'n v. Moos

> Washington Supreme Court · November 30, 1979 · 92 Wash. 2d 939

URL: https://www.frixlaw.com/law-library/cases/9628361

## Case

- **Full name:** Puget Sound Gillnetters Association, Et Al, Petitioners, v. Donald Moos, Et Al, Respondents; Washington State Commercial Passenger Fishing Vessel Association, Respondent, v. Thor Tollefson, Et Al, Appellants; Washington Kelpers Association, Respondent, v. Thor Tollefson, Et Al, Appellants
- **Court:** Washington Supreme Court
- **Decided:** November 30, 1979
- **Citations:** 92 Wash. 2d 939; 603 P.2d 819; 1979 Wash. LEXIS 1463
- **Precedential status:** Published
- **Opinion:** Concurrence by Rosellini
- **Judges:** Horowitz, Utter, Wright, Dolliver, Williams, Ryan, Tern, Brachtenbach, Hicks, Rosellini
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9628361

## How later opinions describe it (automated extraction)

- holding that the special status of Native Americans under federal law created a "permissible class" for purposes of state equal protection allowing Washington to protect treaty-guaranteed Native American access to fisheries in Washington after Supreme Court indicated in Washin…
- stating that “nontreaty fishermen do not have a ‘vested’ or ‘natural’ property right to fish” and signatory tribes have a treaty right “that nontreaty fishermen do not enjoy.”

## Opinion text

Rosellini, J.
(concurring) — I concur in the result of Justice Horowitz' opinion. I do this not because I believe that the interpretation of the Indian treaties by the United States Supreme Court is correct, but because I am compelled to do so by the supremacy clause of the United *956 States Constitution. If I were not bound by the supremacy clause, I would adopt Justice Powell's dissent in Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, 443 U.S. 658 , 61 L. Ed. 2d 823 , 99 S. Ct. 3055 (1979).
Brachtenbach and Hicks, JJ., concur with Rosellini, J.
Reconsideration denied April 2, 1980,.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9628361. Public record. Not legal advice.