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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1 9 7 7 C O N F E R E N C E O F T R I B A L G O V E R N M E N T S Doubletree Inn, Tukwila February 12-15, 1977 POLICY RESOLUTION FISHING ISSUES PREAMBLE: Indian people have fished since time immemorial. Fishing formed the basis of their religious beliefs and was an integral part of the culture of Indians long before the white man entered upon the land owned by the Indian nations in what is now Washington, Oregon and Idaho. Fishing was of such importance to Indian People that when negotiating with representatives of the United States, Indians refused to transfer their right to exclusively fish on and off the reservations. The United States merely assumed the duty of protecting these reserved fishing rights from encroachment by others. Since treaty times, fishing has not diminished in importance either economically or culturally. Unfortunately, the State of Washington has consistently refused to respect the fishing rights of Indian Tribes. U.S. v. Washington was a final effort to affirm the obligations of the treaties. Among other things, the Boldt decision held that Indian tribes have both the power and the duty to regulate their own tribal members, while the State has the added duty of ensuring that it manages its fishermen so as to assure that fish return to the usual and accustomed fishing grounds of Indian People. U.S. v. Washington has served as the basis of increased enhancement activities by both the Tribes and the State. As the Tribes have continued their role as managers, they have employed biologists and enforcement people who have added to the overall capability to manage the resource. Such advances benefit all people. WHEREAS, the right of Indian Tribes to authorize tribal fishing is an aboriginal right reserved by treaty, the protection of which is guaranteed by the United States; and WHEREAS, Indian tribes reserved certain lands for their permanent homes, such that said reservations, lands and waters are not within the territorial jurisdiction of the State of Washington; and WHEREAS, since treaty times, the State has allowed the fishing habitat to become less productive resulting in the current need to engage in the enhancement of the fishery; and WHEREAS, Indian tribes prior to U.S. v. Washington, and afterwards, have for the betterment of all people engaged in enhancement projects designed to increase the number of fish available for harvest; and WHEREAS, it is the responsibility of the appropriate Indian tribal legislation to manage their fisheries, and the responsibility of the State of Washington to manage its fisheries by appropriate legislation; and WHEREAS, State-regulated fishermen have repeatedly violated State and Federal laws, engaged in fishing activities detrimental to the resource and have engaged in acts of violence both against Indian fishermen and State enforcement officers; and WHEREAS, the State of Washington has power to influence the American portion of sockeye salmon so as to ensure that Indian Tribes can allow sufficient fishing time to assure a full opportunity to participate in the fishing; and WHEREAS, the State of Washington has not shown a willingness to implement U.S. v. Washington but, rather, has acted in some cases to obstruct its effective implementation. NOW THEREFORE BE IT RESOLVED, that it must be the policy of the State of Washington to join with Indian Tribes to co- manage and enhance the fishery resource whenever that resource is within the territorial jurisdiction of the State; and BE IT FURTHER RESOLVED, that the State of Washington and the Indian Tribes have a mutual obligation and duty to ensure that the fishermen of the State and the Indian Tribes each obey the fishing regulations designed to protect the resource and guarantee a full harvest, and to that end the State shall enforce its regulations fully against the non-Indian fishermen, and each Indian Tribe shall enforce its regulations fully against its Indian fishermen; and BE IT FURTHER RESOLVED, that it is the duty and the responsibility of the State of Washington to undertake all necessary steps to recognize and fully implement each and every aspect of the decision in U.S. v. Washington. so as to more quickly arrive at the day when the misunderstanding and antagonisms that exist between Indian and non-Indian peoples can be eliminated. Introduced by: Sam Cagey, Chairman Committee on Fishing Issues Adopted: February 15, 1977 Conference of Tribal Governments -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp.halcyon.com /pub/FWDP/CWIS Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 206-786-9629 OCR Provided by Caere Corporation's PageKeeper