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Topic: Boldt Decision

In the News (Mon 28 May 12)

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	Cultural Survival
		Boldt ruled that, under the terms of 1854-56 treaties, certain Indian groups had retained title to 50 percent of the western Washington State salmon resource.
		Rather than returning fish to traditional Indian river and inshore fisheries, the Boldt Decision appears to be encouraging the creation of a wealthy class of offshore, capital-intensive, treaty-tribe fishermen who are intercepting much of the resource before it reaches the traditional estuary and river fisheries of the tribes.
		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).
	www.cs.org /publications/csq/csq-article.cfm?id=456 (2475 words)

	Docket No. 12351
		Boldt testified that only three of his employees had sustained time loss injuries: one man was off "maybe four months" in 1967 with a broken arm; another was off one day in 1971 (actually injured off the job he thought); and a third employee was off 23 days in 1973 with an injured hand (Tr.
		Boldt, Area Director Kurtz came to the theatre jobsite after the citation was issued and met with him and Superintendent Prine.
		Boldt related that the area director had not idenitified himself on his first visit but indicated during the conference held [*11] after the citation was issued that Respondent could have been cited previously on the basis that "I saw some violations then" (Tr.
	www.oshrc.gov /decisions/html_1976/12351.html (3765 words)

	seattletimes.com: 25 years after the Boldt Decision: The fish tale that changed history (Site not responding. Last check: 2007-10-25)
		Boldt, relying on an 1828 edition of Webster's American Dictionary, interpreted "in common with" to mean the Indians were entitled to half the harvestable salmon running through their traditional waters.
		But the Boldt decision reverberated throughout Indian country because, in symbol, it had less to do with allocation of fish than with allocation of power.
		Boldt was a great boost in the direction of tribes ruling themselves.
	www.kohary.com /env/bill_020799.html (3454 words)

	Supreme Court rejects appeal by Muckleshoot : ICT [2001/10/12]
		The decision comes after the 9th Circuit Court of Appeals last year ruled against Muckleshoot attempts to extend the legal range of traditional fishing grounds under a 1974 court decision that said tribes in Washington state are entitled to 50 percent of the state's fish harvest.
		The 9th Circuit decision was based on interpretation of the phrase 'secondarily in the saltwater of Puget Sound' as used by Judge Boldt in his ruling.
		Boldt said the Muckleshoot's primary fishing grounds are in Elliot Bay, but also said they were located 'secondarily' in Puget Sound.
	www.indiancountry.com /content.cfm?id=2660 (442 words)

	HistoryLink Essay: Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on ...
		The "Boldt Decision" allocates 50 percent of the annual catch to treaty tribes, which enrages other fishermen.
		Judge Boldt finally held that the government's promise to secure the fisheries for the tribes was central to the treaty-making process and that the tribes had an original right to the fish, which they extended to white settlers.
		The Boldt Decision revolutionized the state fisheries industry and led to violent clashes between tribal and non-tribal fishermen and regulators.
	www.historylink.org /essays/output.cfm?file_id=5282 (554 words)

	Years After the Boldt Decision; "The Right of Taking Fish at Usual- Ruling reshaped fishing, tribal rights - ...
		The Boldt decision was among the factors that led to major reductions in the nontribal commercial fishing fleet.
		Before the Boldt decision, Kautz would fish at night to avoid arrest and constantly had his nets confiscated by game wardens, one of whom he and Frank saved from drowning in a logjam during the fish-ins at Frank's Landing in 1964.
		Frank is the first to say the Boldt decision was a godsend for the tribes, helping them build the infrastructure they need to manage their fishing and restore the habitat.
	www.citizenreviewonline.org /feb2004/years.htm (1942 words)

	Canku Ota - February 21, 2004 - Tribal Triumph
		Boldt died 10 years after issuing his most-famous ruling, but his legacy remains.
		Boldt assumes direct control of the fisheries, which are managed and policed through federal court orders and federal marshals until late 1979.
		Boldt also ruled that fish caught by tribal members on the reservation, fish that tribal fishermen take to feed their families and fish taken for tribal religious ceremonies do not count toward the 50/50 allocation.
	www.turtletrack.org /Issues04/Co02212004/CO_02212004_TribalTriumph.htm (2833 words)

	Thirty years after Boldt: Honoring Billy Frank Jr. : ICT [2004/03/01]
		Medicine Creek was the treaty examined by the courts in the Boldt Decision and upon which a radical new, pro-tribal policy of fish allocation in the region has been developed since the 1980s.
		The Boldt decision re-affirmed for 19 Western Washington treaty tribes the right to half of the harvestable salmon and steelhead in the region.
		Boldt already has stimulated great structural growth by the tribes in the field of natural resources, but "the promise remains to be fulfilled," Frank emphasizes these days, while encouraging the tribes and everyone to protect the environment for all species.
	www.indiancountry.com /content.cfm?id=1078152489 (888 words)

	The Boldt Decision (Site not responding. Last check: 2007-10-25)
		With the tyrannical Boldt decision, almost all sports Clubs involved with salmon and steelhead fishing went through a metamorphic change where citizen interests turned from issues to conservation and management of fish and game to a concentrated hatred of the federal bureaucracies, federal courts (especially Boldt and against almost anything Indian.
		A review of the history of the Boldt decision and examination of the events leading up to the ruling shows that the Steelhead Trout Club once again was a leader in seeking changes to benefit the fish and the fishermen.
		This decision resulted in an outright gift of over 73% of the State's steelhead resources to less than 1% of the State's citizens, and as high as 75 to 98% of the steelhead catch on l2 of the 19 rivers in the Boldt case area.
	www.steelheadclub.com /articles/history/boldt.htm (690 words)

	[No title]
		The implementation decision set out a complex plan for implementing tribal shellfish rights, including numerous procedural requirements for tribes to follow in order to have access to privately owned tidelands and the properties of commercial growers.
		The property owners further argued that those earlier fishing decisions applied only to free-swimming fish, such as salmon, not to clams or oysters embedded in or affixed to the soil of privately owned tidelands, which are the personal property of the tideland owner under State law.
		The Ninth Circuit's decision does not mean that the tribes have the right to take shellfish wherever and whenever they want without regard for the interests of others.
	www.wsba.org /media/publications/barnews/archives/jul-97-post.htm (2852 words)

	Salmon: Spirit of the Land and Sea
		On February 12, 1974, Boldt decided that the 20 tribes that had signed the original treaties were entitled to half the harvestable return of salmon at all their historic fishing areas.
		Boldt based his decision on the fact that 19th century treaties clearly established "in common" - or shared equally - as the basis for salmon fishing.
		Meanwhile, Boldt's decision has been used as a precedent in New Zealand, Japan, the Soviet Union, and Canada where other native people's fishing claims were being examined.
	www.oneworldjourneys.com /salmon/low/journey/d2/d2_main.html (2174 words)

	OregonLive.com's Printer-Friendly Page
		At issue are fishing rights restored to treaty tribes in 1974, when U.S. District Judge George Boldt ruled that 50 percent of the state fish harvest belonged to about 20 Western Washington tribes and the Yakamas east of the Cascades.
		While Boldt was a Northwesterner and clearly understood the distinction between the greater Puget Sound and Seattle's Elliott Bay, the 9th Circuit found that in this case -- involving an "upriver" tribe -- he meant Elliott Bay.
		The other rivers were on the Puyallup reservation at treaty time, and Boldt held that tribes have exclusive rights to waters on their lands.
	www.oregonlive.com /printer/printer.ssf?/news/oregonian/00/12/nw_52tribe14.frame (722 words)

	Boldt Decision 'very much alive' 30 years later
		Boldt ruled that Washington state virtually had no authority over tribal fishing; in fact, it was the tribes that ceded to non-Indian settlers the rights to fish -- not the other way around.
		Thirty years after Boldt, the Upper Skagit's salmon fortunes are not unique: Overall, Puget Sound treaty tribes have experienced an 80 percent erosion in fishing fleets since the heyday of the '80s, according to the Northwest Indian Fisheries Commission.
		Nor is there doubt the 203-page decision remains a document of precedence that still reverberates loudly as a legal foundation for indigenous-rights cases in courtrooms near and far.
	seattlepi.nwsource.com /local/160345_boldt12.html (2642 words)

	Boldt Decision - Wikipedia, the free encyclopedia
		Washington, better known as the Boldt Decision, was a controversial 1974 court case which, in effect, granted the right to half of the annual salmon harvest in Washington to Native American tribes which had signed treaties with the U.S. government in the 1850s.
		Of this, Judge Boldt wrote: "By dictionary definition and as intended and used in the Indian treaties and in this decision, 'in common with' means sharing equally the opportunity to take fish...
		The decision was the culmination of years of protests and illegal fishing by Native American activists, especially Bob Satiacum.
	en.wikipedia.org /wiki/Boldt_Decision (295 words)

	Salmon Fishing only an echo of the past -The effects of the Boldt decision on Washington fishermen
		This is what hard-fought victory looks like three decades after the Boldt decision: It's not freedom from regulation, but rather freedom for Indian tribes to regulate themselves.
		The Boldt decision "was a tremendous impact at that time," said the Key Peninsula fisherman who operates a purse seine boat out of Gig Harbor.
		While the decline of fish and impacts of the Boldt decision made it harder for commercial fishermen to make it here, there was another factor that contributed to the decline of fishing.
	www.citizenreviewonline.org /feb2004/salmon.htm (1413 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		This court concluded that Judge Boldt had applied an incorrect legal test (i.e., that federal recognition or nonrecognition was decisive) to determine whether a tribe had treaty rights.
		In the newspaper article Judge Boldt's son says that his father was a changed man after his 1978 surgery, but that he was mentally competent when he decided the tribes' treaty status.
		A decision on the issue of whether Rule 60(b)(6) gives the district court the power to correct a manifest injustice arising from a judge's disability should await the extraordinary circumstances in which it might be presented.
	laws.lp.findlaw.com /9th/9535202.html (4542 words)

	NWIFC - Being Frank: Boldt Brought Management To State (Site not responding. Last check: 2007-10-25)
		Most Washingtonians know Federal Judge George Boldt re-affirmed tribal treaty-reserved rights to half the salmon in his famous 1974 decision, and that his ruling established the tribes and state as co-managers of the salmon resource.
		The Boldt Decision has been used to define Indian hunting and fishing rights cases across the country, as well as to determine aboriginal rights as far away as Australia.
		Judge Boldt introduced the tribes’ vision to salmon management in Washington, a new set of values that might be the best hope for saving the salmon from extinction.
	blogs.nwifc.org /weblog/beingfrank/2004/03/being_frank_bol.html (539 words)

	NWIFC \| Shellfish \| Introduction
		Through the “Boldt Decision,” upheld by the U.S. Supreme Court in 1979, tribal and state fisheries staff have worked together to develop fisheries regimes to ensure harvest opportunities for Indians and non-Indians alike.
		He ruled the treaties’ “in common” language meant that the tribes had reserved harvest rights to half of all shellfish from all of the usual and accustomed places, except those places “staked or cultivated” by citizens – or those that were specifically set aside for non- Indian shellfish cultivation purposes.
		His decision requires tribes planning to harvest shellfish from private beaches to follow many time, place, and manner restrictions on harvest.
	www.nwifc.wa.gov /shellfish/index.asp (646 words)

	Native American Rights Fund, US v. Washington, 1974, 384 F.Supp. 312, "Boldt Decision"
		All of the decisions that appear to have direct or indirect application to the present case have been closely reviewed and analyzed, individually and in relation to each other.
		The first decision of the United States Supreme Court, later cited by the same court as authority for state regulation of treaty right fishing, is Ward.
		The Sohappy decision was not appealed and therefore it is controlling as to all parties to that case which include the United States and the Yakima Tribe.
	www.narf.org /events/06/boldt.htm (17139 words)

	Boldt Decision
		In the opinion of this court, judicial integrity also requires this court to hold that the tribes' contention that the state does not have legal authority to regulate the exercise of their off reservation treaty right fishing must be and hereby is denied by this court.
		However broadly the word may be used and applied in the theory and practice of fisheries science and management, "conservation" as used in Supreme Court decisions and herein is limited to those measures which are reasonable and necessary to [**53] the perpetuation of a particular run or species of fish.
		The following quotations from that decision, changed by this court only as bracketed, are hereby adopted and held by this court to be applicable to the issues in the present case.
	www.ccrh.org /comm/river/legal/boldt.htm (14762 words)

	The Planet - Winter 2004 - 50/50
		From the Boldt Decision on tribal fishing rights, strict regulations and dwindling salmon runs to the infiltration of farmed salmon, the fishing industry has taken many hits.
		Boldt ruled in favor of the Native Americans, reaffirming treaty rights and allocating 50 percent of the harvestable commercial fish to the native fishermen.
		He said the main problem with the Boldt Decision is the way it is handled by the state fisheries management.
	planet.wwu.edu /winter04/5050.htm (1924 words)

	Indian Hunting and Fishing Rights - Testimony by Jim Buck (Site not responding. Last check: 2007-10-25)
		Judge Boldt makes a great effort to establish the importance of the location of tribal usual and accustomed fishing areas and specifies how the state can regulate activities in those areas.
		The second part of my testimony dealt with Findings of Fact and Conclusions of Law from the Boldt decision about the state's ability to regulate the fishing right which raised parallel questions about the authority of the state to regulate the hunting privilege.
		Boldt set requirements and conditions which each tribe must meet and maintain in order to self police tribal off reservation fishing.
	www.uhuh.com /laws/indhunt.htm (2930 words)

	Indianz.Com > News > Appeals court backs Washington tribe's treaty claim
		In a 2-1 decision, the 9th Circuit Court of Appeals cleared the way for the Samish Nation to seek a share of the state's salmon catch.
		In a controversial, precedent-setting decision, he held that the 1855 Treaty of Point Elliott entitled tribal signatories to 50 percent of the salmon catch.
		She held that the tribe's recognition in 1996 didn't warrant re-examination of the Boldt decision.
	www.indianz.com /News/2004/005904.asp?print=1 (726 words)

	Language Log: Where oh where is Puget Sound?
		They claimed that Judge Boldt's ruling was ambiguous, adding, however, that his intentions were very clear when he outlined the territory of the Suquamish Tribe's usual and accustomed fishing areas.
		In his original decision that assigned fishing areas to various Puget Sound tribes, Judge Boldt relied heavily on the 1975 detailed reports and testimony of an anthropologist who had done extensive research on the history of Puget Sound tribes and their usual and accustomed fishing areas.
		These inferences were enough to cause the judge to resolve or clarify or amend or alter Judge Boldt's alleged ambiguity and to rule in favor of the Upper Skagit and Swinomish and against the Suquamish.
	itre.cis.upenn.edu /~myl/languagelog/archives/004204.html (1488 words)

	Boldt ruling's effect felt around the world
		Washington case, the Boldt decision has influenced the legal landscape for indigenous rights cases across America and as far away as Australia.
		Boldt -- considered a conservative jurist and, himself an avid sport angler -- ruled that Washington Territorial Gov. Isaac Stevens' mid-1850s treaties with Puget Sound area tribes spelled out that Indians weren't granted -- but retained -- perpetual rights to half of the salmon and steelhead harvests, among other guarantees.
		"The Boldt Decision is the whole basis of our case," said John Arum, the tribe's attorney, who added that he's used the ruling as the foundation of treaty rights cases for tribes as far away as Minnesota.
	seattlepi.nwsource.com /local/160337_boldtlaw12.html?searchpagefrom=1&searchdiff=7 (773 words)

	Clean Air Madison - Archive
		In his revised decision, Boldt continued to require Kipp to operate two air quality monitors including a monitor at or near Lowell, reduced the frequency of monitoring to a 3-day schedule, but continued to require three years of monitoring.
		Boldt also required Kipp to ensure no pollutants would seep out of the plant by running its roof fans whenever its die-casting machines are operating to draw air in from outside.
		The DNR made decisions based on the assumption that Kipp was located in a flat, rural farm field, ignoring the rolling terrain in the surrounding populated east-side Madison neighborhood.
	www.geocities.com /cleanairmadison/archive.html (7302 words)

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