Dan
You're missing the point!
Why have rules and laws that governed our fishery and it direction, when those same laws are not even enforceable? These laws are "the laws" that currently guide our fishery management and its policies. They are also the same laws that our legislators must abide by when they are making all of these decisions that affect our sport fishing futures. If they are not enforceable, then we need to get ride of them!
I can not understand why you would not want to do that too . . . or do you?


Salmo

You say "Indians may act as fishing guides on off-reservation waters with a license from the state." Well that fine, but then they should also be paying those high none- resident guiding fees for doing so! Since they are also getting separate nation fishing rights!

You say; "Yes, Indian guides may take non-Indians fishing on reservation waters to harvest part of the treaty Indian share"

Salmo, do you really think that they report their catch records any better then our own state fishing guides do? I will bet you the biggest steak dinner in town that over 99% of the current Washington guides to not fill out or report what they catch on their boats each day...do you want bet?

Our fishermen must punch there cards when they catch fish on none indian guided trip. But they are not required to do so when that are on reservational lands. So how many fish get taken that are not accounted for in the tribes 50% take?

You said;" You cite several RCWs. I think your confusion can be attributed to thinking that state fishing laws might apply on Indian reservations. They don't."

I am not the one that was confused about where the state laws apply, but it sure appears that the state was!

You also say;"It appears Washington State made an exceptional law in favor of the Wanapum Indians"

No, it does not appear to be, it is an "exceptional law " in favor of the Wanapum Indians!

Finally you said; "The reason is that there is a track record of federal case law going back to 1895 regarding treaty Indian fishing. The tribes have won overwhelmingly. If the state hadn't granted the Wanapum fishery, the tribe could likely have adjudicated their right to such a fishery in federal court. They most likely would have won. And the fishing right would be unrestricted. That is, it could have included ceremonial, subsistence, and commercial fishing, which in this case, happened to be more than the tribe actually was after."

Well, what makes you think that they will not go back to court and get their way now?

If we stopped paying the tribes from our own pockets to fight us in the courts, how long do you think that they would keep winning those court battles? What treaty gave the tribes the right to use "our own money" to fight us in the courts?

Cut the federal money, and the court games come to an end quickly!

Cowlitzfisherman