Driving our highways and the off beaten paths many of us travel, we are taken aback from scenery and the vast history our country holds. Do you remember those family road trips to the beach or the mountains as a kid? For me, I remember the many trips to the mountains where we would spend our summers fishing in the local creeks and winters skiing the slopes. These are memories that I cherish and as a mom, try to create similar experiences with my children. The outdoors holds a special place inside of me and I knew where my heart would take me – outside and local for this legal research paper.
The process was more difficult than I originally anticipated. I scoured google for what seemed like hours, typing similar language in a variety of …show more content…
A conflict of tribal fishing rights once again in the forefront and then again in 1974 with the Boldt decision (United States v. State of Washington, 384 F. Supp. 312, 327-28). District Judge George H. Boldt divided the case into two phases. First was to determine what portion, if any annually harvestable fish, were guaranteed to the tribes by the fishing clause in the treaty and the second half was to determine whether the clause extended to the hatchery fish and if it required the State to prevent environmental degradation. The tribes are given fifty percent of the harvestable fish, an adequate quantity to provide a moderate living. This allowed for hatcheries that would protect habitat from man-man damage under the fishing clause. Boldt upheld the phrase “the right of taking fish…in common with all citizens” (United States). Boldt’s decision was to ensure Indians with a moderate necessary …show more content…
The tribes had felt Washington had been violating the treaties by installing culverts that do not allow salmon to move freely up streams to spawning grounds. Our salmon develop in freshwater, making a journey out to sea, returning to freshwater to lay and fertilize eggs. The life cycle of salmon has been occurring for thousands of years. Salmon are a living link to our ecosystem and our future. Culverts are not allowing for safe and accessible passage for salmon. In 2007 the courts decided that culverts did, in fact, inhibit and violate the treaty. The state appealed the decision arguing our treaties with the tribes did not create an obligation for the State alone to be responsible for restoration of habitat. Finally, in 2013 the court issued an injunction ordering Washington to take corrective action against offending culverts. While the state agrees culvert removal is vital to restoring our salmon runs they also feel efforts and money would be spent more effectively on different restoration
The process was more difficult than I originally anticipated. I scoured google for what seemed like hours, typing similar language in a variety of …show more content…
A conflict of tribal fishing rights once again in the forefront and then again in 1974 with the Boldt decision (United States v. State of Washington, 384 F. Supp. 312, 327-28). District Judge George H. Boldt divided the case into two phases. First was to determine what portion, if any annually harvestable fish, were guaranteed to the tribes by the fishing clause in the treaty and the second half was to determine whether the clause extended to the hatchery fish and if it required the State to prevent environmental degradation. The tribes are given fifty percent of the harvestable fish, an adequate quantity to provide a moderate living. This allowed for hatcheries that would protect habitat from man-man damage under the fishing clause. Boldt upheld the phrase “the right of taking fish…in common with all citizens” (United States). Boldt’s decision was to ensure Indians with a moderate necessary …show more content…
The tribes had felt Washington had been violating the treaties by installing culverts that do not allow salmon to move freely up streams to spawning grounds. Our salmon develop in freshwater, making a journey out to sea, returning to freshwater to lay and fertilize eggs. The life cycle of salmon has been occurring for thousands of years. Salmon are a living link to our ecosystem and our future. Culverts are not allowing for safe and accessible passage for salmon. In 2007 the courts decided that culverts did, in fact, inhibit and violate the treaty. The state appealed the decision arguing our treaties with the tribes did not create an obligation for the State alone to be responsible for restoration of habitat. Finally, in 2013 the court issued an injunction ordering Washington to take corrective action against offending culverts. While the state agrees culvert removal is vital to restoring our salmon runs they also feel efforts and money would be spent more effectively on different restoration