G-Man,
I have had some info access to what has gone on behind closed doors. It is very complex and nobody knows all the facts and ramifications. From all I have been able to find out, I will give you a very abbreviated summary - otherwise it would fill pages. >
The Treaties signed with the Columbia Tribal Indians in the 1800's, and most of the Treaties signed with individual tribes in the state of Washington in the 1800's, called for salmon and steelhead runs to be "shared in common with", between Indians and non-Indains. Many non-Indians considered this to mean fishing for them in a like manner and the same amount of fish per person. Most Inidans considered this to mean splitting the fish while only they could net for them as was their custom. Yet they were allowed via these treaties to fish in an accustomed manner - which was with mostly dipnets and also some canoe set crude river nets. Both sides contended they were not getting their treaty shares for a long time. So the issue was taken to landmark Federal Court cases in the early 70's. Judge Belloni presiding over the Columbia case and Judge Boldt over the Washington cases. Both cases and rulings came down alike - Federal Court mandates that the fish deemed harvestable (salmon and steelhead getting enough escapement to sustain the run; the rest deemed havestable) were to be split evenly - 50/50. This is still Federal law.
Yet under the threat by the tribes that they will sue the government to have all Columbia and Snake dams removed (their behind the scenes trump card - because of fear they have an outside chance to win such a suit that would economically devistate our region), the U.S. Dept. of the Interior came out under this pressure to issue Secretarial Order No. 3206, which states that in times of limited harvest the Indian tribes will be the last to be restricted from harvest of fish. This Order has been the machine that has driven the NMFS (National Marine Fishery Services) to over-ride Federal law in giving the Columbia Tribal Commissioned net fisheries an astonishly unfair 6 1/2 times higher quota of spring chinook, followed by attempts to close the fall chinook Columbia sportfishery altogether, so the tribes could have bigger shares of the ESA impact (Fed. Endagered Species Act protection of wild fish) in the netting harvests; which kill native fish while we release non finclipped native fish!
At the start of the new millenium this caused the states of Oregon and Washington into a joint lawsuit against the NMFS and Tribes to get a fairer share of the ESA impact affected allocation of fish deemed harvestable for the sportfishers. It was settled out of court by getting the "Unfair Pair" (NMFS/Tribes) to allow a fall salmon sportfishery in the Columbia and by allowing the non-Indian ESA fishing impact to go up from 0.9% to 2% (which was 1% for commercial non-indian netters and 1% for sportfishers). BUT, they would only go along with the increase to 2% if the Indians got an increase from 8% ESA impact in 2000 to the 2001 13% ESA impact that they got!!! How could they get away with this? Along with many unfair complexities, the main trump card is the threatened law suits to take out all the dams! The Indians have a weak administration by the balls! It is a similar situation in Washington state, due to many other complexities in addition to No. 3206 out of Wash, DC. The WDFW also has a weak administration in dealing with the atrocities of unfair allocation of fish favoring the tribes. But I must also say they are very weak in dealing with non-Indian snagging and litering too. >
I have stayed out of these latest threads about the nets, because my past efforts to get letter writing campaigns going to our reps in Wash, DC and to state reps got a paltry response. But you asked 'RT or TODD' specifically about this G-Man, so there a large part of the puzzle to your question. >
What can the hundreds of thousands of NW sportfishers do about this? Again - write letters using this info in my post here and from other's posts to your reps, asking Federal and state legislators to enact a modern justifiable law that prevents an Indian lawsuit to take down all the dams. And for them to circumvent the wrongful Dept. of the Interior Sec. Order No. 3206, so that we get our Federally mandated 50% share of the fish! That WE pay for. It can't hurt to mention in your letters that the Indians have been using electricity from these dams for as long as non-Indians have. And at a very high rate in the brightly lighted Indian gambling casinos, which were allowed to the Indians partly in compensation for lost fish income potential. These are very highly profitable! In fact, enough so that it's allowed the Indians to become campaign contibuting constiuents to politicians in Wash, DC. The only way to get back our rightful fish is a huge letter campaign outlining these things, and that we are ready to vote in politicians that will get this back to the Federal Court mandated 50/50 even split. Go do it this time! And join organiztions like the RFA, NSIA, ANMW, and WSA to help fund their Wash, DC lobbying on behalf of our rights, and lawful fishing opportunity.
I will put this up as a separate thread post - it's important for those that quite reading netting threads to see this, to help get them involved in writing campaigns.
RT
[ 01-21-2002: Message edited by: RT ]