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Civil Procedure Keyed to Rowe
Makah Indian Tribe v. Verity
Facts
The Makah Indian Tribe (Makah) (plaintiff) and 23 other Indian tribes are ensured fishing rights by federal treaty. The federal government directs ocean fishing under the Fishery Conservation and Management Act of 1976 (FCMA). The FCMA makes an administrative procedure by which the Secretary of Commerce (Secretary) issues regulations putting forward fishing quantities. The regulations are subject to judicial review under the Administrative Procedure Act (APA). The Makah sued, questioning the quotas set by the Secretary's 1987 regulation as disregarding their treaty rights. The Makah additionally questioned the regulatory procedure as disregarding the FCMA and looked for injunctive relief. The district court dismissed the two cases, finding that the 23 different tribes secured by the treaties were essential parties. The Makah appealed.
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