How does the typical fisherman know whether some of these netters are legal or illegal? Are there coast guard or wdfw patrols checking each boat to confirm that they are licensed commercial fisherman? It seems to me that an illegal netter can start scooping up a run, in full view of sports fishermen, and no one would know whether or not the netters were legal?
A typical fisherman doesn't know for sure. Nobody knows for sure unless the vessel is boarded and inspected. The state legislature can only legislate for non-Indian commerical or sport fishing. Indians don't have to follow fishing laws if they're on there hunting lands as laid out in their treaties.
A few years ago (maybe 10?) there was a case decided by a federal court where a Yakima Indian violated fishing laws and was fined. The Indian stated that the state laws didn't apply to him simply because he was an Indian. The judge ruled that state laws did apply to him if he was fishing off of the treaty- defined hunting lands. Apparently, this Indian was fishing hundreds of miles out of his tribes hunting lands.
So, there is a precedent. If we complain loud enough, maybe the state will have WDFW board and inspect these boats that are netting all the fish. If it's found that they are in fact Indians and not fishing on their hunting and fishing territory as defined in their treaty, then they are subject to state laws.
Anyway, these are just my thoughts about it. DISCLAIMER: It's possible I have the Indian tribe name and the time period wrong but I believe the rest to be factual.
Les
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