UNITED STATES of America; Suquamish Indian Tribe; Sauk-Suiattle Tribe; Stillaguamish Tribe; Hoh Tribe; Jamestown S'Klallam Tribe; Lower Elwha Bank of Klallams; Port Gamble Band Clallam; Nisqually Indian Tribe; Nooksack Indian Tribe; Skokomish Indian Tribe; Squaxin Island Tribe; Upper Skagit Indian Tribe; Tulalip Tribes; Lummi Indian Nation; Quinault Indian Nation; Suquamish Indian Tribe; Puyallup Tribe; Confederated Tribes and Bands of the Yakama Indian Nation; Quileute Indian Tribe; Makah Indian Tribe; Swinomish Indian Tribal Community; Muckleshoot Indian Tribe, Plaintiffs-Appellees, v. State of WASHINGTON, Defendant-Appellant, 864 F.3d 1017

Concurrence by Judge W. FLETCHER; Opinion Respecting Denial by Judge O’SCANNLAIN; Statement by Judge HURWITZ ORDER The panel, as constituted above, has voted unanimously to deny the petition for panel rehearing. Judges Fletcher and Gould have voted to deny the petition for rehearing en banc, and Judge Ezra so recommends. A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the non re-cused active judges of the court failed to vote for en banc rehearing. Fed. R. App. P. 35(f). The petition for rehearing and the petition for rehearing en banc, filed August 11, 2016, are DENIED.