Duro,
I can tell you this, if a judge is faced with a decision to make where he will actually be creating law, or interpreting law that has yet to be interpreted, if the two sides have equally good arguments for why they should win, but one side is obviously a jerk who tried to screw the other...things like the Boldt decision happen.
I think that to a certain extent, your observation that there was a punishment aspect to it is very apt.
The part that is so sad about that is that the type of Indian-hating and Indian-blaiming attitude that lead to the Boldt decision is alive and well still, even after the results of such ignorant beliefs are evident in something like the Boldt decision. Not only that, but a lot of the folks who were spouting it in the early 70's, helping the Boldt decision along nice and easily, are some of the ones that are still doing it.
I'd say being ignorant is not knowing the facts, or maybe the consequences of your actions.
I'd say being flat out stupid is seeing the consequences of an action, continuing the action, and wondering why it doesn't get better.
Someone had their signature line with this quote before...
"The definition of insanity is doing the same thing again and expecting a different result."
Hmmm....
Do tribal fisheries need to make some changes if they want to keep the label "stewards of the resource"? Heck yeah, lots of change is some situations.
However, another backlash to both the early 70's crap they took, and the fact that it is still going on, is that they won't change because you can't make them. They'll continue just to stick it in your face...
We're going to need a change in attitude so that we can have meaningful negotiations with the tribal fishers. We all use the resource, and until we're on the same side, realizing that we both benefit from the same thing (more fish in the rivers, better habitat, etc.), the more likely it is that we'll work together.
At the very least, since WSR has passed, when we ask them to kill less fish, they can't say we're not doing anything to reduce our own impacts.
Fish on...
Todd
_________________________

Team Flying Super Ditch Pickle