CFM - tough call on this one. On the one hand the Boldt decision and section that you cited said that no particular method was allowed or banned. On the other hand, in the larger context of the Boldt decision, fishing "in common with" could be taken to mean - same rules for everyone. I believe that if the best legal minds for the State and the tribes thought that this could be adjudicated, we would have seen it already. Maybe the State is looking for some private citizen to sue on this issue. My guess is that it would be more effective to try to get the tribes to adopt a more selective method of fishing in the rivers, such as fish wheels. I'm uncertain if they work very well in the wildly varying river levels of a Western Washington winter, but would love to see a more selective method of catch employed by the tribes.
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"You're not a g*dda*n looney Martini, you're a fisherman"

R.P. McMurphy - One Flew Over The Cuckoo's Nest