CFM,

I don't know where to get a copy of the Yakima treaty short of the UW library. I've heard that all the Stevens' treaties use the same language regarding reserved fishing, hunting, and gathering rights in all usual and accustomed areas. I don't believe any of the treaties specify where the U&A areas are, as they were different for each tribe. U&A rights apply to "ceded areas," that is, the land a given tribe ceded to the United States. Washington State doesn't recognize Yakima (actually Yakama) Tribal rights west of the Cascade summit, and federal agencies are silent so far, because Yakama ceded areas are apparently all east of the Cascades. U&As were described in a series of orders from the Boldt court following the decision in US v Washington because the state wanted to know where it was legal for fishermen of the various tribes to fish. Some of the descriptions are rather vague, but it would be hard to draw a line that was entirely east of the Cascade summit to include entire river systems - not just around the park - that lay west of the Cascade mountains.

If the Yakama have a valid claim to rights west of the Cascades, it would be based on a technicality. Apparently, and this is hearsay as far as I know, some members of the Cowlitz band went to live on the Yakama reservation and became members of the Yakama Tribe. Those Cowlitz members would have rights within the Cowlitz River basin area, however, the Cowlitz Tribe never signed a treaty with Stevens, and until recently were not a recognized tribe by the federal government.

Some Cowlitz members also apparently went to live at Quinault and became members of that tribe, and may have rights through the Treaty of Quinault. However, the Quinault treaty acknowledges ceded area and fishing, hunting, and gathering rights in the vicinity of the lower Chehalis River, Grays Harbor, the Humptulips, Quinault, and Queets River systems. The Treaty of Quinault makes no mention of the Cowlitz River area, so it seems like it would be a stretch to say that Cowlitz treaty fishing rights were established for an unrecognized tribe on a river that is not within a ceded area of any of the Stevens' treaties. However, never underestimate the imponderable outcomes that are possible through the federal court systems.

Sincerely,

Salmo g.