2d 1089 (W.D. The official responsible for negotiating with the Native Americans was Isaac Ingalls Stevens, the governor of the Washington Territory. U. L. Rev. As the Supreme Court stated in its review of the case, "a treaty including one between the United States and an Indian tribe, is essentially a contract between two sovereign nations". Developing a Different Fishery Unjust and Unnecessary. The resulting court-supervised system now involves 20 tribes in western Washington. Treaty Allocation an Issue Law Leaves to Tribes. 3d 899 (W.D. Now, following the undeniable destruction of their fishery, their suspicions appear to be confirmed. Although there are important difficulties still to be resolved, Cohen is persuasive in her suggestion that the Boldt decision was correct, and that it has worked. KIRO Newsradios story last week about hidden relics from an old cable car line inspired a listener to reach out in search of the origins of a distinctive set of markers along that same thoroughfare: Madison Street, the main connector between Elliott Bay and Lake Washington since the 19th century. Knutson also calls for the inclusion of non-Indian cultural conceptions within the current system. Wash. and D. Ore. Wash.) (scroll to the bottom for United States v. Washington). We also disagree with the portrayal of U.S. v. Washington as a "federal intervention" and a "well-intentioned federal attempt"(1). Richard Du Bey, Andrew S. Fuller & Emily Miner. Dispute between Suquamish and Skokomish tribes over "usual and accustomed fishing places. He emphasizes the greed of the treaty fishermen: Non-treaty fishermen had, from the beginning of the litigation, charged that he moral arguments used to justify a private treaty share in the fishery were simply smokescreens behind which certain Indian individuals would become extremely wealthy. "The Boldt decision made it clear that these treaty rights to harvest are the highest law of the land," Bennett says. Rulings on Major Issues - 24 V. Findings of Fact - 36 Almost all tribes levy a tax upon the fishermen at the time of the sale of the fish to the buyer. Among his many conservative credentials, Boldt was known as the federal judge who in 1970 held a group of Vietnam War protesters called the Seattle Seven in contempt of court and sentenced them to prison for six months. Hoe is self-regulation to be understood? The uncertainty raises the question, "Were the Fish Wars resolved?" Now, following the undeniable destruction of their fishery, their suspicions appear to be confirmed. Wash. Dec. 31,1994), United States v. Washington, 898 F. Supp. Trustee Program. Why does the Boldt Decision still resonate? He was such a wonderful father fun, loving, caring., He was not a disciplinarian, she added. Oct. 14, 2010), United States v. Washington, 20 F. Supp. More important, Knutson's emphasis on the federal role does not give proper credit to the Indian people's forced. All harvest data is shared on one computer system based at the University of Washington, thereby facilitating exchange of information and dispute resolution. the Northwest. Article copyright Cultural Survival, Inc. At present, a formal intertribal mediation project is underway to develop a long-term allocation plan for shared runs harvested by the tribes in the case area. ", compilation of major post-trial substantive orders, from July 1978 through Dec. 31, 1985, compilation of major post-trial substantive orders, Jan. 1, 1985, through Dec. 31, 1986, compilation of major post-trial substantive orders, Jan. 1, 1991, through Dec. 31, 1993, compilation of major post-trial substantive orders, Jan. 1, 1994, through Dec. 31, 1994, compilation of major post-trial substantive orders, Jan. 1, 1995, through Dec. 31, 1996, compilation of major post-trial substantive orders, Jan. 1, 1997, through Dec. 31, 1999. Wash. Dec. 31, 1993), United States v. State of Washington, 873 F. Supp. Family members interviewed include Harry E. Cooper, Nooksack Tribal Chairman during the 1980s; his wife Laverne Cooper; their son Harry B. Cooper, head of Nooksack Tribal fisheries in the 1970s; Jack Leathers, Harry E. Cooper's cousin; and Jack's wife Pearl Leathers. Knutson raises the issue of sharing between marine and river fishermen as another important aspect of his call for changing the current system. (Courtesy Washington State Historical Society), (Courtesy Washington State Historical Society). Consequence of Boldt Decision Match Intent. The Boldt Decision set forth rules under which parties could invoke the court's continuing jurisdiction in future disputes. Fourteen years after the land-mark ruling, are there problems of equity and legitimacy so severe that the current fishery system should be scrapped? Before that, judges apparently wore colored robes representing where they had attended school. Since tribal groups were the last in line to take salmon returning to natal streams, they were affected most severely. The judge had passed away in 1984 at the age of 80, but Trebon found that his daughter Virginia Boldt Riedinger still lives in Edmonds. It was a tremendous victory for Native peoples, not just in the Northwest but around the nation. Where the Salmon Run: The Life and Legacy of Billy Frank Jr. Columbia River Inter-Tribal Fish Commission, River People: Behind the Case of David Sohappy, After the Boldt Decision: The Question of Inter-Tribal Allocation, The Comprehensive History of Fishing Areas Closed to the Columbia River Off-Reservation Indian Treaty Fishery, Constitutional Principles in the Interpretation of Indian Treaties, The Creation of an "Indian Problem": Nisqually and Puyallup Off-Reservation Fishing, Description of Usual and Accustomed Fishing Places and the Potential Conflicts Involving Private or Public Use of These Site, From Litigation to Negotiation: The Puyallup Fishery, Impact of the Boldt Decision upon the Fidalgo Island salmon industry, Indian Hunting and Fishing Rights: Northwest Developments, Indian Rights in Tidelands and Shellfish Harvest, Indians Right to Fish: The Background, Impact and Legacy of United States v. Washington, The Pacific Salmon Treaty: The Equity Principle and Pasturage, Political and Social Ecology of Contemporary Makah Subsistence Hunting, Fishing, and Shellfish Collecting Practices, The Troubled Waters of Medicine Creek: An Investigation into the Nature of the Fishing Rights Arising from the Medicine Creek Indian Treaty of 1854. Remand. The district court retains jurisdiction over disputes arising in the case. The 1974 decision in United States v. Washington was upheld by the US Supreme Court in 1979. . Therefore it is not surprising nor "unintended" that marine fishing is important now that off-reservation treaty rights have been affirmed and tribal access to marine areas has been restored. And yet . of the Interior and the individual Native American Tribes. Boldt Decision by Jovana J. 2d 1218 (W.D. Lummi have treaty right to fish in area west of Whidbey Island. In contrast, Indian commercial fishermen, operating in waters adjacent to their reservation grounds. He was hung in effigy, he had tons and tons of hate mail, but he took it in stride and kind of got a kick out of it well, I shouldnt say that, exactly but he did laugh about some of it.. Dispute with Lower Elwha Band of SKlallams, Jamestown Band of SKlallams, Port Gamble Band of SKlallams, and the Skokomish Indian Tribe. Fishing groups had the right of usufruct but limited their harvest to accommodate upriver tribes and the needs of regeneration. There isn't enough water in the river for it to flow properly, so it stagnates in the sun. Traditional Culture Had Parallels for Present. United States v. Washington began before electronic case filing. Agencies Judge Boldt's initial ruling required the state and the tribes to manage the fishery together. And the case has continued to generate filings since then. Three provisions, not mentioned by Knutson, are important elements protecting the fishery and the fishermen: (1) enforcement systems operate on the state level for none-treaty fishermen and on the tribal (or cooperative) level for treaty fishermen; (2) a non-judicial mediating board established by the court, the Fisheries Advisory Board, responds promptly to challenges regarding conservation and other issues that can be raised by either the tribes or the state; and (3) the system operates under continuing district court supervision, offering the opportunity to return to court if all else fails. He would always say, the United States treaties are the highest law of the land, theyre higher than any of the other laws, and once theyre made, they cant be just arbitrarily broken.. June 03, 2021), United States v. Winans, 198 U.S. 371 (1905), Seufert Bros. v. United States ex rel. The simple black robe that represents a landmark decision joins a similar garment that belonged to Tacoma-born Judge Jack Tanner, who, before he became a judge, also happens to have been a key supporter of tribal fisheries activists in the 1960s. 1101 (W.D. Although making a firm estimate of the relative economic contribution made by marine and freshwater resources is impossible, the significance of the marine fishery prior to and at the time of the treaties is well documented. The Quinault, who have several marine trollers, have nonetheless chosen to orient their management scheme to the needs of the river fishermen: the tribe utilizes a system of limited entry, based on mapping and numbering of registered fishing areas owned by individual families on the rivers. Any content older than 10 years is archival and Cultural Survival does not necessarily agree with the content and word choice today. Dec. 11, 2009), United States v. Washington, 593 F.3d 790 (9th Cir. 3d 1126 (W.D. Pat ODay passed away Tuesday at his San Juan Island home. Make the following points as you discuss the salmon: a. The state enforced fishing regulations against tribal members. Article copyright Cultural Survival, Inc. Wash. 2012), United States v. Washington, 20 F. Supp. Some tribes manage their fisheries on a tribal level, utilizing community-based fisheries committees; others, such as the Skagit System Co-operative and the Point No Point Treaty Council, have formed cooperatives through which they share management authority by pooling their resources. Coverage begins June 2, 1983 and continues to present (currently 38 pages). These unintended consequences of the Boldt Decision have a broader significance beyond the treaty fisheries. This case arises under it. Knutson is correct that intertribal allocations are an important issue. The current system presents a suitable framework for resolving those problems that remain, making a new definition of the fishery neither necessary nor desirable. Fifteen years have passed since Federal Judge George Boldt passed the "Boldt Decision," splitting the Washington State salmon fishery between common property fishermen and certain Indian tribes of the region. The ruling by Judge George Hugo Boldt of the United States Federal District Court , in what was to become the landmark "Boldt Decision" of 1974, did not translate into social acceptance of treaty fishing rights. In his 1974 ruling, Boldt concluded that the state could regulate 50 percent of the salmon fishery, and that the other 50 percent would be managed by the 14 separate tribal entities (later expanded to 20 tribal entities). The Boldt Decision The Boldt Decision Hon. For several decades, courtesy of her late mother, Riedinger has also had in her possession two of Judge Boldts judicial robes. Includes tape-recorded interview on his efforts to protect fisheries. The development and sharing of the harvest data base for the case area should assist all parties in arriving at equitable sharing patterns. Reports, memoranda, and court papers, accumulated by Thorp, while preparing the federal government's case against the State of Washington in phase II of the Boldt fishing rights case, concerning the rights of Indians and salmon fisheries in Washington waters. 1974 - ca. 712 (D. Ore. 1938), McCauley v. Makah Indian Tribe, 128 F.2d 867 (9th Cir. United States v. Washington: A Unique Kettle of Fish, United States v. Washington: The Environmental Issue. 403 (1999), [. The persistence of treaty rights controversies points to the need for government agencies, tribes and other resource users to continue to seek ways to work together in developing new and innovative non-litigious approaches to avoid such controversies without compromising court-affirmed rights. Wash. Feb. 12,1974) (Boldt, J. 3d 986 (W.D. 2017). George H. Boldt 6 Statement of the Case - 9 I. The Salish attitude toward salmon which reflected the culture's immersion in the process of the harvest, the egalitarian ethos of the common property salmon fishermen and the role that salmon plays in the lives of sportsfishermen cannot be reduced simply to an economic standard. "We hold that the director of the Department of Fisheries of the State of Washington does not have authority to apportion fish to conform to the Federal District Court decision, that the Federal District Court cannot compel a state officer to act beyond his statutory authority, and that the granting of more than 50 percent of the harvestable fish to .028 percent of the population (treaty Indians) and less than 50 percent to 2,243,069 non-Indian population, violates the equal protection clause of the fourteenth amendment to the United States Constitution." This case was part of an established judicial process. The pivotal issue in U.S. v. Washington was actually the delineation and implementation of legal rights secured by treaty. As long as the salmon continued to return in abundance to Puget Sound and neighboring regions, the substance of the guarantee that insured tribal fishing in common with the settlers was not in question. back to Supreme Court Justice John Marshall, Defense attorney seeking defendants execution: Memorial Stadium landmark process bizarre, twisted, City advice to landmarks board for Memorial Stadium is a real head-scratcher, Will Rogers deadly journey began in Renton. Nearly 50 years later, it still resonates with many who were affected directly and indirectly. In the name of rectifying past injustice - the expropriation of aboriginal people from the salmon resource - the federal government, which had tolerated the development of a common property fleet, now acted with little regard or compensation for those whom its new interpretation of the 1854-56 treaties was to displace. To Trebons pleasant surprise, Wetherbee, Kilmer, and their colleagues conducted a welcoming ceremony of sorts for this very special artifact. of United States v. Washington, 853 F.3d 946 (9th Cir. The Boldt Decision, more than any other event, made it clear to everyone that Indian culture, history, and identity are here to stay. . The series of agreements he made with Washington tribes in . By Secretary of State Steve Hobbs A one-of-a-kind national resource for state elections leaders like me is being torn apart by partisanship and misinformation. The Boldt Decision was a landmark legal ruling handed down in 1974 by a federal judge named George Boldt. This picture clearly contradicts major ethnographic accounts of the region, which document the extensive traditional use of marine as well as freshwater resources. At the time of the treaties of 1854 and 1855, the tribes' use of the fishery resource included commercial as well as subsistence and ceremonial fishing pursuits; all these activities were recognized as reserved rights protected by the Steven treaties. | Donor Privacy Policy | EIN: 23-7182593. June 27, 2016), United States v. Washington, 853 F.3d 946 (9th Cir. Reproductive Rights Are Fundamental Human Rights, There is No Compromise. 187 (W.D. Yet facts and perspectives that Knutson ignores argue for support rather than abandonment of the present system. Tribal representatives and biologists participate in the Pacific Fisheries Management Council, the federal regional body responsible for managing fishing within the 200-mile exclusive economic zone, and on the US Panel of the Pacific Salmon Treaty between the US and Canada. "We cannot think of a more comprehensive and complex case than this.". Can the values of autonomy, participation and equality be subsumed under an economic calculus? FEIN 23-7182593. Knutson's "unintended consequences" mainly concern problems of allocation among different groups. 89-3-12 (Shellfish) (W.D. In his decision, Boldt upheld tribal treaty-reserved rights by: Interpreting the treaty language, "The right of taking Legal challenges to it were mounted almost immediately, but it was ultimately affirmed by the United States Supreme Court. For millenia, this region has been among the most fertile of all salmon habitats on the Pacific Rim. Any significant changes would require federal legislation. July 8, 1969), Department of Game v. Puyallup Tribe, 414 U.S. 44, 38 L. Ed. This is a potentially powerful mechanism for redistribution of profits from the fishery. What Happens to Treaty Indian fishing Rights When the Federal Government Is Manager of the Resource? Judge Boldt's initial ruling required the state and the tribes to manage the fishery together. 1983), United States v. Washington, 730 F.2d 1314 (9th Cir. They are actively involved in the management system. Since 1974, there have been numerous supplemental proceedings with voluminous filings. May 28, 1985), United States v. Washington, 761 F.2d 1419 (9th Cir. Jan. 28, 1976), Department of Game v. Puyallup Tribe, Inc., 86 Wash. 2d 664 (April 8, 1976), Puyallup Tribe, Inc. v. Department of Game of Washington, 433 U.S. 165 (June 23, 1977), Purse Seine Vessel Owners Ass'n v. Moos, 88 Wash. 2d 799 (July 21, 1977), United States v. Sohappy, 770 F.2d 816 (9th Cir. Wash. Dec. 20, 1994), United States v. Washington, 19 F. Supp. Knutson's analysis is based upon a series of assumptions and assertions that are open to question. The post-Boldt move into marine water, capital-intensive harvesting constitutes a move away from some traditional tribal values associated with river fishing. 3d 1172 (W.D. The Boldt decision was subsequently upheld by the Supreme Court in 1979, and still holds as law. In addition, the US Supreme Court review of the case recognized traditional marine as well as freshwater fishing sites. The treaties were a guarantee of federal protection of those rights. 2:70-CV-09213-RSM (W.D. The Seattle Landmarks Preservation Board will meet on Wednesday afternoon to decide whether or not Seattle High School Memorial Stadium at Seattle Center should be designated as a city landmark. After the United States Supreme Court upheld the Boldt Decision in 1979, state and tribal governments struggled to define the comanagement relationship and each party's legal obligations. Any content older than 10 years is archival and Cultural Survival does not necessarily agree with the content and word choice today. 1975), Washington State Commercial Passenger Fishing Vessel Ass'n v. Tollefson, 87 Wash. 2d 417 (Aug. 12, 1976), Puget Sound Gillnetters Ass'n v. Moos, 88 Wash. 2d 677 (June 9, 1977), Washington State Commercial Passenger Fishing Vessel Ass'n v. Tollefson, 89 Wash. 2d 276 (Nov. 23, 1977), United States v. Washington, 573 F.2d 1118 (9th Cir. Cultural Survival advocates for Indigenous Peoples' rights and supports Indigenous communities self-determination, cultures and political resilience, since 1972. Dispute over usual and accustomed fishing grounds of Tulalip Tribes and Suquamish Tribe. Judge Boldt intentionally chose Feb. 12, 1974 - Lincoln's birthday - to issue his landmark decision in the case, " which by any reasonable standard is one of the great moments in American law," Wilkinson said. Wash. June 30, 1978), United States v. Washington, 476 F. Supp. There were three children, and I would say every single one of us to this day would say we were probably our dads favorite. Knutson's view that intertribal and intratribal issues underlie the need for restructuring the fishery implies that outsiders should formulate a new framework. The Boldt Decision is dense and complex, and runs well over 100 pages. In these treaties the Indians re- served the right to continue to fish in their usual, off reservation, locations. The Boldt Decision revolutionized the state fisheries industry and led to violent clashes between tribal and non-tribal fishermen and regulators. Nearly 40 years after her father passed away, Virginia Riedinger still has a lot of his papers and other belongings. In the Stevens treaties, the tribes ceded vast territories, but reserved their traditional right to fish. As a student at LaConner High School in the spring of 1974, Steve Edwards even wrote a paper about the Boldt Decision and what it meant to Washington tribes. He knew it was going to be a big decision, [but] I dont know that he knew that the controversy would be as tremendous as it was, Riedinger told KIRO Radio. 2023 Bonneville International. ODay is best known for his work as radio deejay on station KJR in Seattle in the 1960s. Many of the UW Law papers were written for Prof. Ralph W. Johnson seminar. What would you do if you woke up in the middle of the night and heard an intruder in your kitchen? 18-35369 (9th Cir. 1 adj Someone who is bold is not afraid to do things which involve risk or danger. For example, he describes the disproportionate share of fish harvested by purse seniors and by one tribe. Honestly, when Theresa called to ask me if we could do this, we both cried, because it was it was a big moment for the tribe, Wetherbee said. Established Basic Facts and Law - 12 II. The decision gave the tribes who were parties to the treaties the right to half the catch, with the tribes and the state managing the fishery together. Within the Point No Point Treaty Council, the Klallams and the Skokomish have reached informal agreements regarding particular areas of Hood Canal in which each will fish in the fall chum fishery. He article reaches conclusions that, given a more balanced analysis of the situation, are unwarranted. One tribe alone harvested approximately 40 percent of the total value of the 20 treaty tribes. Since the Supreme Court upheld Boldt's finding in 1979, the treaty tribe fishermen have moved quickly to take a full 50 percent of the salmon runs in Puget Sound and adjacent water. 1942), Makah Indian Tribe v. Schoettler, 192 F.2d 224 (9th Cir. Non tribal, common-property fishermen were free to intercept salmon runs at any location in the marine waters of the state, subject to areal and temporal restrictions imposed by state management authorities upon all commercial fishermen. Wash. Aug. 28, 1995), United States v. Washington, 909 F. Supp. 1. Many fishermen, such as Billy Frank, Jr., of the Nisqually (now chairman of the Northwest Indian Fisheries Commission), risked their lives as well as their gear in the fish-ins of the 1960s for their treaty rights. We acknowledge that we are headquartered on Massachusett land, in Cambridge, MA, and we thank the past, current, and future Indigenous stewards of this territory. In retrospect, I realize what courage he had, but he also was a very loving and caring father. The judge also described the persistence of marine fishing following the treaties and noted that the Lummi engaged in gill netting, purse seining and trolling on Puget Sound and the Makah participated in the commercial fishery on the high seas in the early 1970s during the litigation of U.S. v Washington. Many of those who did enter the common-property fishery did not possess the resources to compete effectively. The techniques used developed a social context that stressed kin and residence rights in the harvest. I met him outside the building and he goes, Whats up? Trebon said. 2:70-CV-09213-RSM, Subproceeding No. The two-part decision was handed down in 1974 by Judge George Hugo Boldt in U.S. v. Washington, a watershed moment in Native American rights law that laid the groundwork for Native American law. 1976 Seattle, Wash. : KCTS, Boldt Decision Memoir: Billy Frank Jr. and UW Professor Richard Whitney (2013). The polarizing decision unleashed both celebrations and protests on Washington rivers. In Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Justice John Paul Stevens wrote that " [b]oth sides have a right, secured by treaty, to take a fair share of the available fish." [1] The Supreme Court also endorsed Boldt's orders to enforce his rulings using federal law enforcement assets and the Coast Guard. The only thing about Boldt that could be considered radical was his fondness for plaid sports jackets and bow ties. 407 (1998), [. Mark and Calvin Peters, both tribal fishermen, also comment on the 1974 Boldt Decision, which reaffirmed fishing rights for Washington tribes. 701 (1960), Maison v. Confederated Tribes of Umatilla Indian Reservation, 314 F.2d 169 (Feb. 15, 1963), State v. McCoy, 63 Wash. 2d 421 (Dec. 19, 1963), Department of Game v. Puyallup Tribe, Inc., 70 Wash. 2d 245 (Jan. 1967), Puyallup Tribe v. Department of Game, 391 U.S. 392 (May 27, 1968), Sohappy v. Smith, 302 F. Supp. Knutson argues that this system generates such serious inequities in resource distribution within the tribes, between the tribes and between treaty and non-treaty fishermen that remedial measures are necessary. Cultural Survival envisions a future that respects and honors Indigenous Peoples' inherent rights and dynamic cultures, deeply and richly interwoven in lands, languages, spiritual traditions, and artistic expression, rooted in self-determination and self-governance. In the proceedings below, this was one of 14 sub-proceedings and over 11,000 papers had been filed with the district court." Last month, Theresa Trebon was once again in her car and on the road with a judicial robe on one of the passenger seats. If youre confused by internet technologies and marketing jargon, youre not alone. However, this has not been a uniform process; some tribes and fishermen with greater access to the salmon resource and to capital have taken tremendous volumes of salmon while other tribes and individuals see little of the post-Boldt treaty share. How is "popular legitimacy" defined? Background In 1916, the city of Tacoma donated 60,000 acres of land to the United States Army to build Fort Lewis. Here again, solutions can be sought within the current management framework. Here is a selected list of works. Quickly outnumbered by immigrants who had greater access to capital, they remained primarily river and inshore fishermen and did not enter in significant numbers into the marine water gillnet, purse seine and troll fleets which were dominated by Scandinavians and later, Yugoslavians. We acknowledge that we are headquartered on Massachusett land, in Cambridge, MA, and we thank the past, current, and future Indigenous stewards of this territory. According to their argument, salmon is at the core of a culture complex; not only does it provide economic sustenance for tribespeople, but through participation in the harvest, it provides a focus for personal and collective identity. As tribes begin to consider limiting entry by tribal members into the capital-intensive fisheries, this question will become more acute. 1422 (W.D. Before discussing these issues, it is important to understand what Judge Boldt did intend and what the major consequences of his decision have been. Seventy-five percent of treaty fishermen are still involved in river and estuary fisheries with labor-intensive fishing gear. Knutson's Analysis: A Basic Misunderstanding. Theres one sentence in particular in those 1854 and 1855 treaties thats often cited as the heart of the Boldt Decision, and pointed to as proof that the treaties were intended to protect access by tribes to the food source they depended on, with fishing not limited to only reservation lands. April 20, 1981), United States v. Washington, 645 F.2d 749 (9th Cir. At the time of the signing of the treaties that guaranteed tribal fishing rights, salmon were in abundance. Judge Boldt affirmed the tribal treaty right of off-reservation fishing, and held that the treaty language guaranteeing Indian fishing "in common with" non-Indians meant sharing equally. His article presents a distorted picture of the current. Article by Phil Dougherty (8/24/2020) provides background and discusses impact of the case. 1020 (W.D. Fishing territory dispute between the Lummi Nation Tribe and several other tribes. Sept. 30, 2019), United States v. Washington, No. The Hoko River remains a joint fishery." Land Acknowledgement The judge assigned to the case was George Boldt, who issued his first decision on Feb. 12, 1974. The cultural traditions of the treaty tribes, the central role played by fishing, the historical background and the nature of the treaties were all important elements of the case. The resulting court-supervised system now involves 20 tribes in western Washington. Over 30 years ago, Judge Eugene Wright remarked, "We cannot think of a more comprehensive and complex case than this. Indeed, the Long Live the Kings Project in Greys Harbour, Washington, is one such example. 3d 1190 (W.D. Dec. 13, 2000), United States v. Lummi Indian Tribe, 235 F.3d 443 (9th Cir. Using modern fishing technology, a tribe possessing superior location to intercept returning salmon can virtually cut off the return of salmon to upriver and down-Sound tribes. 1984), United States v. Washington, 759 F.2d 1353 (9th Cir. In his introduction to the issue of Cultural Survival Quarterly containing Knutson's article, Jonathan Wiley refers to the situation as "a well-intentioned federal attempt to preserve tribal integrity, founded on the assumption that salmon have been a ceremonial as well as economic foundation of local Native American cultures".
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