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clause was used to support the right. Four interpretations arose from the following legal battles. The Game
Department argued this only allowed access to fishing grounds and exemptions from license fees. The Fisheries Department argued this allowed a "fair and equitable share", which they decided to
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in addition to protecting fishing grounds. To do this, runs of anadromous fish that travel through tribal fishing areas should be divided equally between treaty-protected and non-treaty parties. After that, the treaty-protected parties cut should be lowered if they can be satisfied with a smaller
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Importantly the treaties allowed
Indians to continue fishing at "all usual and accustomed grounds ... in common with all citizens of the Territory." At the time it was expected that fish would be a limitless resource. This clause was used to support Indians fish rights in 1905. In
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clause as meaning that the state needed provide
Indians with both grounds to fish and a supply of fish to harvest. Washington was required to provide a "moderate living" to the tribes, which Boldt decided to be 50% of the fish (taking the United States treaty interpretation).
384:"Full Case Name: Washington v. Washington State Commercial Passenger Fishing Vessel Association." Animal Law Legal Center, Michigan State University College of Law, www.animallaw.info/case/washington-v-washington-state-commercial-passenger-fishing-vessel-assn.
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be one-third of the salmon in a run. The United States argued that it gave them 50% of the salmon in a run or to their needs, whichever was lower. The Indian tribes argued that they were entitled to an unlimited share of fish.
264:. In his first few years, he negotiated multiple treaties with Washington's Indians tribes. Much of the language in the treaties was not fully understood by the tribes and resulted in tribes losing a lot of their land.
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clause provides Indian fishers with a certain share of the anadromous fish in a run. The Fish and Game
Departments could also be required to make rules protecting this right due to the Supremacy Clause.
486:
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Chrisman, Gabriel. "The Fish-in
Protests at Franks Landing." The Fish-in Protests at Franks Landing - Seattle Civil Rights and Labor History Project, 2008, depts.washington.edu/civilr/fish-ins.htm.
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amount. The court also held that its decision superseded state law, and that
Washington's Game and Fisheries Department may be required to make laws upholding the ruling.
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431:"Washington v. Fishing Vessel Assn., 443 U.S. 658 (1979)." Justia Law, 2 July 1979, supreme.justia.com/cases/federal/us/443/658/#tab-opinion-1953303.
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Over the next 50 years the salmon populations were depleted. In the 1960s and 70s, Indians were targeted and arrested for fishing. In response,
396:"Washington v. Washington State Commercial Passenger Fishing Vessel Association." Oyez, www.oyez.org/cases/1978/77-983. Accessed 21 Aug. 2020.
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36:
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Ojibwa. "The 1854-1855 Western
Washington Treaties." Native American Netroots, 1 Mar. 2011, nativeamericannetroots.net/diary/881.
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it was decided the federal injunction could not be followed. This made the state switch to the Game
Department's interpretation.
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Due to conflict between state and federal treaty interpretations, the
Supreme Court granted certiorari to review the decisions.
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American Indian Law
Journal. US v State of Washington. Vol. 7, 19 May 2017, p. 54. American Indian Law Journal.
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As a result of this, the US brought suit against Washington in support of the Indian's right to fish. The
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Washington v. Washington State Commercial Passenger Fishing Vessel Association
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1979 U.S. Supreme Court case on indigenous fishing rights in Washington State
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Philip Lacovara defended the Non-Indian Fishermen Association in the case.
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Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n
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Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n
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321:. Tensions flared until it was brought before the district court.
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Stevens, joined by Blackmun, Brennan, Burger, Marshall, White
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clause protected both fishing grounds and fish supply.
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United States Supreme Court cases of the Burger Court
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decided in favor of the Indians. He interpreted the
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many Indians started protesting by fishing on rivers
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477:United States Native American treaty case law
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359:Puget Sound Gillnetters Assn. v. Moos
19:1979 United States Supreme Court case
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193:Powell, joined by Stewart, Rehnquist
457:Legal history of Washington (state)
37:Supreme Court of the United States
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472:United States Supreme Court cases
363:Fishing Vessel Assn. v. Tollefson
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482:1979 in Washington (state)
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262:Washington Territory
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467:Fisheries case law
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334:Judge Boldt
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224:protected
278:fishwheel
256:In 1853,
61:Citations
252:Treaties
182:Majority
82:Argument
247:History
226:Indians
190:Dissent
92:Holding
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357:. In
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