boater,

The phrase "in common with" confers nothing to the benefit of non-Indians.

I'll show you how it works in the case law when I'm back in my office on Monday, but here's the gist of it:

"In common with" means that during the exercise of Indian treaty rights, Indians are able to fish off their reservations in "usual and accustomed" grounds and stations, alongside non-Indians who are exercising their privilege to fish there. It also means that the harvestable portions of runs within those U and A areas are split 50/50.

Without that, they would be limited to their exclusive right to fish on their reservations, which is what the state was trying to make them do prior to 1974.

The 50/50 split does not give you any right to fish, either. It gives the state half the harvestable portion, which can be divvied up as the state sees fit, between hatcheries, sportfishermen, commercial fishermen, or to be used for conservation purposes.

Fish on...

Todd.
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Team Flying Super Ditch Pickle