If WDFW attempted to retire from the anadromous fish hatchery business the Tribes would have them in court in a nanosecond. Boldt II guaranteed dead fish in the boat. Mostly, that has been believed to be habitat protection.
But, eliminate hatcheries and they'll scream. The courts, then, should mandate that providing the Tribes with fish to kill is a state responsibility, of all citizens. In which case the habitat protections, hatchery production, nd maybe even international (BC and AK) negotiations are a statewide GF responsibility.
Oh, I don't doubt the tribes would sue the state. It's true that the various federal court decisions mentioned that the right to fish, but pull nets up empty isn't much of a right at all, and that hatchery fish are subject to treaty fishing,and that Phase II ruled everyone has a responsibility to protect habitat. However, the courts have never ruled that the state MUST stock hatchery fish in order that tribes may exercise their treaty rights. And the first order of business in such a lawsuit for the state would be to counter-sue the federal government since it is federal treaties that prescribe the treaty fishing rights. Those treaties are between the tribes and the federal government. If the federal treaties require that hatchery fish be provided to the tribes, then it is the federal government and not the state, that is obligated to provide them. Remember, it's local, state, and federal government agencies that continue to approve actions that degrade and destroy habitat every year. The Corps of Engineers alone issues 600 Section 404 permits every year. And since the US-Canada treaty is a federal product as well, then it's the feds that need to meet whatever responsiblities are promised to Canada and the foreign nation of AK.