So do any of you legal types know how these decisions are determining how many hatchery fish get clipped? This seems to be the legal reason behind it:

1969 U.S. vs. Oregon (Belloni Decision)
Federal Judge Belloni held that the state is limited in its power to regulate treaty Indian fisheries. The decision indicated the state may only regulate when "reasonable and necessary for conservation," and state conservation regulations must not discriminate against the Indians and must be the least restrictive means.

1974 U.S. vs. Washington (Boldt Decision)
This decision from the U.S. District Court upheld the right of tribes in the Northwest to fish and to manage fisheries under early treaties; determines they are entitled to an opportunity to equally share in the harvest of fish in their traditional fishing areas, and finds the State regulations which go beyond conserving the fishery to affect the time, place, manner and volume of the off-reservation treaty fishery are illegal. This decision was upheld by the U.S. Circuit Court of Appeals and the U.S. Supreme Court declined to review District Court rulings.

Link to the Oregon decision: http://www.ccrh.org/comm/river/legal/sohappy69.htm