THX CM your right this should be a goody!!!

By The Chronicle staff
The Confederated Tribes of the Chehalis Reservation are charging anglers for permits to fish on a 10-mile section of the Chehalis River, the Washington state Department of Fish and Wildlife (WDFW) stated in a news release Tuesday, Sept. 29.

The tribe has indicated it will cite non-tribal anglers who do not obtain a $500 boat fishing permit or a $45 bank fishing permit from the tribe, according to WDFW.

“While the Washington Department of Fish and Wildlife disputes the Chehalis Tribes’ legal arguments for citing anglers lawfully participating in state-managed fisheries on a navigable river, WDFW is encouraging anglers and guides to be aware of the possibility of a citation from the tribe and their fishing gear or watercraft potentially being seized,” the department stated in the news release.

The Chehalis River in Grays Harbor County is classified as a federally navigable waterbody, WDFW noted.

“This large river flows through an area of non-contiguous Chehalis Reservation, off-reservation tribal trust lands, and private lands from approximately South Bank Road near Oakville upstream to Moon Road SW near Helsing Junction,” the news release stated. “The river is popular for fall coho and steelhead fisheries managed through the Washington Sport Fishing Rules and has a long history of both recreational and tribal fishing.”

WDFW noted in the news release that federal and state laws allow for floating navigable waters including for fishing. Washington state laws — including RCW 79.105.060 — typically allow for public access along navigable waters below the ordinary high-water mark, the news release stated. Intentionally obstructing the lawful taking of fish, shellfish or wildlife is a crime under RCW 77.15.210.

“WDFW is in conversations with Chehalis tribal leadership, the State Attorney General’s Office, and county leadership and law enforcement regarding the tribe’s claim to sole authority over fishing in this section of the Chehalis River,” WDFW stated in the news release. “WDFW encourages anglers and guides to temporarily avoid this section of river or to float through and refrain from anchoring, wading or fishing from shore.”

If anglers are contacted by Chehalis Tribe law enforcement, fisheries staff or tribal members, the WDFW offered the following advice:

Remain polite, respectful, and do not escalate the interaction.
Present a valid Washington state fishing license and Catch Record Card (CRC) to tribal law enforcement if requested to do so.
If necessary, ask tribal law enforcement, “Am I being detained or am I free to go?”
If tribal law enforcement indicate fishing gear or watercraft is being seized, remain respectful and contact your local sheriff’s office or WDFW Police.


MORE:
A Chehalis Tribal Court judge has found recreational angler Smith guilty of fishing from a boat on the Chehalis River without obtaining a tribal permit.

According to the court order, Mr. Smith argued that he was fishing on navigable waters of the United States and cited Montana v. United States as part of his defense. The court rejected that argument, ruling that the Chehalis Tribe has authority to regulate non-tribal fishing activity within the exterior boundaries of the reservation and upheld a $500 fine.

This case is far bigger than one citation. It raises major questions about tribal jurisdiction over navigable waterways, the rights of recreational anglers, and whether tribal permit requirements can be enforced against non-tribal members fishing from boats on rivers many believe are public waters.

The next chapter of this fight may not be in tribal court.
It may be in the federal court system, where broader questions about jurisdiction, navigability, and public access can be challenged and reviewed.

What do you think? Should a tribal permit be required to fish from a boat on a navigable river?