|
The
Boldt Decision
(U.S. v. Washington, also known as The Boldt Decision) - U.S. District
Judge George Boldt's ruling interpreted the language of treaties made
with Washington tribes more than a century earlier. He determined that
the treaties -- agreements to move tribes to reservations to make way
for white settlers -- reasserted Indian rights to half of the salmon
harvests in perpetuity. The following is treaty language at the center
of the controversy, and how Boldt interpreted it: "The right of
taking fish, at all usual and accustomed grounds and stations, is
further secured to said Indians in common with all citizens of the
Territory." - Treaty of Medicine Creek, 1854, Article 3. (The
first of six treaties negotiated between Washington Territorial Gov.
Isaac Stevens and Coastal Salish tribes between 1854 and 1856. All
such treaties include variations of this provision.) "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 ... therefore, non-treaty fishermen shall
have the opportunity to take up to 50% of the harvestable number of
fish ... and treaty right fishermen shall have the opportunity to take
up to the same percentage." - U.S. District Judge George Boldt,
U.S. v. Washington, February 12, 1974.
|