The thing in Boldt (Supremes review) tied the fish share to a moderate living. They were entitled to 50% or a moderate living from fishing, whichever was smaller. The Commercials begged WDF to litigate moderate living in the 80s and the state wouldn't. Some would argue, then, that the harvest taken in the 80s did not meet the moderate living level.

I think we keep missing the idea that it is the State, not WDFW leadership, that is driving the bus. The whole state has too much to lose, so they believe, to challenge the Tribes.