#233124 - 02/14/04 08:39 PM
How Can We Stop Netting of Wild Steelhead?
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Reverend Tarpones
Registered: 10/09/02
Posts: 8379
Loc: West Duvall
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We all know that the single biggest harvest issue affecting wild steelhead is Indian netting in the rivers. We also know that past attempts to stop the netting by court actions have failed miserably. So, the question remains, is there any way we can stop or limit Indian netting of wild steelhead? Earlier I asked about a protest. I still believe this may be a viable option. Other ideas I have had were to boycott restaurants selling net caught steelhead, and to consider a consumer awareness program. But it occurs to me that with all the wisdom and energy of all out board members there must be some good ideas. What do you think we can do to limit Indian netting of wild steelhead?
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No huevos no pollo.
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#233125 - 02/14/04 08:58 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Anonymous
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Good question Dave, According to one of the Quinalts, the humptulips is netted solely for the income...
Over the past few years and the dismal commercial market for fish their profit has been between a few hundred to a few thousand. I would think that a buyout of commercial fishing rights may be accomplished somehow. (just talking the commercial not the ceremonial)
Perhaps it would be possible to let them fill that market with the hatchery surpluses instead of netting the wild runs.
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#233126 - 02/14/04 09:01 PM
Re: How Can We Stop Netting of Wild Steelhead?
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River Nutrients
Registered: 10/04/01
Posts: 3563
Loc: Gold Bar
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Is it possible to give the Tribes a bigger percentage during the hatchery runs and in return they would take a smaller percentage during the Native Fish runs? They would still get the same yearly percentage just cut back during the Native Fish runs in order to help protect them. I don't know just throwing it out there. Also are the Tribes willing to work out these issues or do they care?
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#233129 - 02/14/04 09:11 PM
Re: How Can We Stop Netting of Wild Steelhead?
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River Nutrients
Registered: 10/04/01
Posts: 3563
Loc: Gold Bar
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Aunty I like it when you are flowery :p Tribes have their treaty right to half the fish. Arguing that they should not have that right is counter productive Oh and this is a very good point and people should not cloud the issue with this.
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#233130 - 02/14/04 09:17 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Three Time Spawner
Registered: 06/14/00
Posts: 1828
Loc: Toledo, Washington
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Is the taste of the bait worth the sting of the hook????
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#233131 - 02/14/04 09:26 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Anonymous
Unregistered
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There goes CFM on his science kick again! Someone pull his plug... quick :p edit: You do make a good point though....
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#233132 - 02/14/04 09:42 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Ornamental Rice Bowl
Registered: 11/24/03
Posts: 12621
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CFM
I believe Vedder's statement was made in the context of ZERO sport harvest of wild steelhead beginning this sprng. In that case he is correct... well maybe except for the nontribal gillnetters wishing to target spring kings on the Columbia who want to triple their impact on ESA listed wild steelhead.
_________________________
"Let every angler who loves to fish think what it would mean to him to find the fish were gone." (Zane Grey) "If you don't kill them, they will spawn." (Carcassman) The Keen Eye MDLong Live the Kings!
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#233133 - 02/14/04 09:47 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Repeat Spawner
Registered: 06/18/03
Posts: 1041
Loc: north sound
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Originally posted by AuntyM: I think a federal ban on gillnets in all the US inland waters is a smart thing to do. I see no reason why traps and wheels can't be utilized.
Selective fishing by the tribes would tame this whole issue. So why don't they? After all, they are the stewards of the land and all that bs. I think it's an independence thing. They don't want to let whitey tell them how to fish. The nets are their way of thumbing their noses at us. Some of the other ideas posted are very good too.
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#233134 - 02/14/04 09:52 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 01/03/01
Posts: 797
Loc: Post Falls, ID
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The best thing I can think of is similar to AuntyM and just limit the means the tribes can use to harvest and what the resource can be used for. If the tribes want to force the issue of the treaty, we should put it into context of the time period that treaty was signed. Tell them they can only harvest fish for sustenance. I doubt the tribes would be able to prove they sold salmon roe to Japan before the white man came over. Force them to use the equipment of the time. Reed nets and so on. After all, that's what was in use when the treaty was signed. That's the legacy they claim they want to hang on to. Or, let them fish just like sportsmen, only let them fish whenever they want and keep as much as they want. Sure, they'll do more damage than sportsmen, but far less than they do now. If they want to fish commercially, they have to get a commercial liscense just like anyone else because they do not have a historical tradition of selling fish to Safeway.
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#233135 - 02/14/04 10:14 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Reverend Tarpones
Registered: 10/09/02
Posts: 8379
Loc: West Duvall
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No huevos no pollo.
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#233137 - 02/14/04 11:07 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 09/08/02
Posts: 812
Loc: des moines
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One thing to remember about the tribes use of gill nets.Is the fact that it was the state that forced the tribes to start using them.It wasnt there traditional method.The state determend there traditional method was killing to many fish.And that gillnets were more selective.The traditioal method most used by the tribes were fish traps. Note: This is in no way a statement that im pro net.Just an FYI
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#233138 - 02/14/04 11:25 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 01/03/01
Posts: 797
Loc: Post Falls, ID
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Originally posted by AuntyM: I think there is enough historical evidence that tribes were actively involved in trade and commerce with both whites and other tribes that we couldn't restrict them from doing so now. Also, sport fishers would have to revert back to what we would have used and I am NOT about to sell my sled. :p
There are, in my mind, more than enough reasons to ban gillnets throughout the US. They have been banned for overfishing, being navigational hazards etc. Can you say ghost net?
I think we'd fair better with a national campaign aimed at lawmakers using the RFA and their east coast base. Two birds with one stone.
I mean.... we really don't want these nets here regardless of who's using them, right? Obviously my idea would need refining but I think my basic idea works. The argument the tribes make is "before the white man. . . .", "before our land . . ." I don't want to say it's ALWAYS used but everytime I hear it, they use the word "before". Well, obviously, they didn't trade with white people before white people were here. They obviously didn't trade with Japan. Based on the argument the tribes use, we could regulate that. Sport fishers would not have to give anything up because we do not have a treaty that is based on a time period. It's obviously subjective, but I think it's accurate to say that when the treaties were written, no one could forsee the non-traditional technology the tribes would be using. To put it simply, if they want to abide by the treaties, they need to abide by them using the conditions of the time they were written. They want to fish and hunt at all of their "traditional" places, fine, but let them use their "traditional" means. Will this ever work? Probably not, but I think it's fair.
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#233140 - 02/14/04 11:55 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Ornamental Rice Bowl
Registered: 11/24/03
Posts: 12621
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Originally posted by AuntyM: Dave, We desire to remove these gillnets that kill unintended targets, no matter who uses them. As long as we single out the tribes, it will be percieved as racism. Let's focus on the instrument and not the user. Amen, sister, amen.
_________________________
"Let every angler who loves to fish think what it would mean to him to find the fish were gone." (Zane Grey) "If you don't kill them, they will spawn." (Carcassman) The Keen Eye MDLong Live the Kings!
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#233141 - 02/15/04 12:31 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Parr
Registered: 02/14/04
Posts: 58
Loc: Olympia
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In many rivers the Indian harvest of wild SH is much higher than the sport harvest. This is not inside information.....it is available at any WDFW office. There is very little that WDFW can do when the sport anglers don't, or can't, harvest our share of these fish. Although many of you thing your great anglers, and you may well be with hook and line, you are no match for the gillnetter. The sport anglers simply cannot harvest "their share", and certainly won't under the new management plan. .
Gillnetting will continue in rivers that are forecast to meet the escapement goal, and in some that won't. What would your argument be to stop it in rivers that will meet the goal? And will your argument stand up to the Bolt decision. We need to remember that some of the runs on the coast are very strong even with a high percent of terminal harvest. It's a good thing that many of these river have good recruit per spawner ratios.
Although I am very concerned about the tribes harvesting my portion of wild SH, I am much more concerned about them fishing into escapement. That is what needs to be addressed. And that is what is not allowed by the courts.
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#233143 - 02/15/04 12:52 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Parr
Registered: 03/03/03
Posts: 50
Loc: Ocean Shores, WA
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Start a campaign to educate the public to refuse to buy steelhead and ban exports of all net caught fish products.
I was watching the indians netting by the 101 bridge in Aberdeen a few days ago. Some whites (maybe even some that later complain) were coming down and buying steelhead, some of which were natives.
As long as there is a market...............
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Very little is known of the Canadian country since it is rarely visited by anyone but the Queen and illiterate sport fishermen. P. J. O'Rourke (1947 - )
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#233144 - 02/15/04 01:17 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 03/22/03
Posts: 860
Loc: Puyallup, WA
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Originally posted by AuntyM:
There are, in my mind, more than enough reasons to ban gillnets throughout the US. They have been banned for overfishing, being navigational hazards etc. Can you say ghost net?
I think we'd fair better with a national campaign aimed at lawmakers using the RFA and their east coast base. Two birds with one stone.
I mean.... we really don't want these nets here regardless of who's using them, right? Both Florida and California have banned gill nets in their waters and both sates have had higher populations of all fish that where targeted by nets since they where banned. You'd think that the government, or at least the WDFW, would see this and take it into consideration. But have they? No. As I've been meaning to ask this. I seem to remember a few years ago that some law was passed that did bann gill nets and the indians and others where supposed to revert to mesh nets that kepted the fish alive, or atleast cutback on killing the fish, and this way fish selectively. I have not seen this happen. Was the law shot down or just not enforced?
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They say that the man that gets a Ph.D. is the smart one. But I think that the man that learns how to get paid to fish is the smarter one.
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#233145 - 02/15/04 01:17 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Fry
Registered: 01/18/04
Posts: 28
Loc: Lakewood
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Yes... lets just ban gillnets and wild steelhead sales. Convince people to release all wild fish and or brats.
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#233146 - 02/15/04 04:24 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 01/03/01
Posts: 797
Loc: Post Falls, ID
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If the state were to ban all nets, why wouldn't that effect tribes? The state is not telling the tribes they can't fish or harvest their share of fish, they're only restricting a single method. If the tribes could come up with another means, such as fish traps or wheels, that'd be fine, but wouldn't a ban all nets inititive effect tribes too?
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#233147 - 02/15/04 07:48 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Parr
Registered: 03/03/03
Posts: 50
Loc: Ocean Shores, WA
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The state isn't going to take on the indians or the commercial fishermen. When you are fishing a river and see the indians taking fish after fish out of the nets and throwing them on the bank to rot and then have the fish cop walk down and check your license you see the reality of the situation. The sport fishers are the only group disorganized enough to hammer.
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Very little is known of the Canadian country since it is rarely visited by anyone but the Queen and illiterate sport fishermen. P. J. O'Rourke (1947 - )
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#233149 - 02/15/04 11:16 AM
Re: How Can We Stop Netting of Wild Steelhead?
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River Nutrients
Registered: 10/04/01
Posts: 3563
Loc: Gold Bar
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Aunty Well said 
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#233150 - 02/15/04 12:36 PM
Re: How Can We Stop Netting of Wild Steelhead?
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River Nutrients
Registered: 04/25/00
Posts: 5016
Loc: East of Aberdeen, West of Mont...
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I have lived in Grays Harbor since 1968.....this was before the "Bolt Decison". Pre Bolt Decision: Remember those days of 3 fish steelhead limits on the Humptulips??? Remember when the Humptulips was also in the "TOP 10 rivers, for winter run"??? Remember the days of "before dam" on the Wynoochee River, when many small high teen or low 20# steelhead were released in hopes of the 25+ pounder??? Remember the days when native coho were "everywhere" and dumbies like me, pulling plugs, in late December could catch 2 big chromer bright silvers in just a few minutes. Post Bolt Decision: 1974 The 100's of meetings, attended by 100's of sportspeople, non-indian gill netters, state WDF people and others. The hours and hours of discuss and cuss, of trying this way and that way to "get rid of the indian nets" in the rivers. All to no avail.........here we are in 2004, 30 years after....still fighting the wars and battles that have been fought and lost, 100's of times. Bottom line is that the WDF just doesn't have the "authorize to ban nets", hell we can't get the WDF to cut the netting season to less than 5 days a week in the Chehalis River and the Humptulips River, until April 15th........wow, something is really wrong here. To stir the pot a little........maybe the hope is in the "farm raised fish"???? drive the price so low that the commerical value does not make it worthwhile to fish. Its interesting to note that as the price of commerical fish goes down, that there are more News reports about the negative impact on the envirement and health concerns.......makes me wonder if the commerical fishing community isn't behind many of these reports........ya think???? Aunty---I can remember at a meeting in the past.....I suggested going back to fish traps, in the lower river, releasing the hatchery fish up river to be netted on and port caught, but truck the "wild fish" to the upper areas of the rivers to be allow to spawn in the wild. A WDF biologist, Dick Stone, said " he didn't want anything to do with a project like that" "Worse day sport fishing, still better than the best day working" 
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#233153 - 02/15/04 05:36 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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The Boldt decision clearly allows the tribes to use whatever gear they want to exercise their treaty rights, and allows them to sell their catch to whomever they want.
There are no restrictions whatsoever on those aspects of the treaty right.
As in every other factor involving the exercise of the treaty fishing right, changes have to come at the negotiations table.
If the tribes will agree to use fishing gear that allows them to release wild or ESA listed fish unharmed, they can utilize their allocation by harvesting more hatchery fish. They'll have to do it voluntarily, though.
It's most evident with fisheries like the Lower Columbia River spring Chinook fishery. With hundreds of thousands of hatchery spring chinook available for harvest, lots of them don't get harvested. Why? Because the limiting factor on how many they can catch is not the hatchery run size, but the ESA impact on the listed chinook and steelhead.
If commercials, tribal and non-tribal, use something more like a fish wheel, or fish trap, and reduce their ESA impact by, say, a third, they could harvest up to THREE times as many commercially valuable hatchery spring chinook.
If they utilized these gears and harvested DOUBLE the hatchery fish they do now, doubling their income from the fish, it would also leave lots more listed fish in the river. This in turn, would have two beneficial effects.
First, more listed fish make it to the spawning beds. The more listed fish in the river, the more hatchery fish that can be harvested without increasing the percentage ESA impacts. That means more $$ working right along side more wild fish spawning.
Second, sportfishermen, who already have very low ESA impacts, would also be able to fish for and harvest more hatchery fish.
For all three fishermen, they miss thousands upon thousands of hatchery fish to fish for because the seasons end long before the hatchery run is even moderately utilized. More selective fisheries that have higher listed fish survival rates are good for all the fishermen, and the fish, and the economics of the fisheries.
Changes in treaty fishing need to be encouraged by changes in non-treaty fishing. We can't make sportfishermen any more selective, we already release all the wild ones with a pretty low mortality rate.
Non-treaty commercial fishermen can be made to change their gear types, if the legislature and harvest managers will hold their feet to the fire.
If the non-tribal commercials improve their gear types to have lower mortalities, then they will get a bigger share of the hatchery fish without needing a higher ESA impact.
When they start making more $$ and getting a higher amount of hatchery fish, the tribes will fall in line so they can get the same advantages.
That's my solution for modifying treaty fishing over listed, mix-stock fisheries.
On non-listed fisheries, like on the OP, anything we ask them to stop doing, we're going to have to offer them something else of corresponding value.
Anyone who has read any of the science available knows that wild fish are the future of healthy fisheries. The hatcheries just aren't going to keep the wild fish at any level.
Before the anti-WSR guys get too excited, this is in no way a call to get rid of hatcheries. Without hatcheries we don't have fish to harvest, and there is nothing to trade to the treaty tribes to get them to stop fishing for the wild ones.
If the tribes fish in a way that allows them to release, say, 500 wild fish they would have ordinarily harvested, I say give them 500 more of the hatchery fish.
They get the same amount of fish, and the same amount of money. More wild fish spawn, and their higher productivity creates many more fish than the 500 hatchery fish could have.
We harvest hatchery fish in Nov. through February, or later if any are still around, and exercise WSR over much higher runs of wild fish.
We get fish for the BBQ, more fish to fish for throughout the season, spend more $$ in small towns that really need it, not to mention all the $$ we spend on everything else to go fishing over a year.
I think it's also important to point out, again, that WDFW CAN NOT make the tribes do anything. People keep claiming that if WDFW just had enough balls they'd go after the tribes, etc., etc. They don't tell the tribes what to do, and they cannot.
Fish on...
Todd
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#233154 - 02/15/04 05:41 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 01/03/01
Posts: 797
Loc: Post Falls, ID
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Originally posted by Jerry Garcia: Jacob, You want the tribes to fish the way they did 150 years ago. Are you willing to do the same? Of course not. But then again, I'm not invoking a treaty that was written 150 years ago. By my plan, the tribes would have two choices, if they want to use the treaty as it's written, they have to make do with their traditional methods. However, they can make use of all the modern equipment they want, but then, they'd have to play by the same rules as the rest of us.
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#233155 - 02/15/04 05:53 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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I want to explain more fully what I was getting at with the Col. R. fishery.
The amount of harvestable spring chinook is not the number to get excited about if you like to fish there. The number to look at is the amount of listed fish.
These numbers will be illustrative, not exact, so as to make a point.
If there are 10,000 listed fish, and 600,000 harvestable hatchey fish, springer fishermen will get excited about that 600,000 number, but it's not the important number.
If the total ESA impact allowed is 15% (all three fishing groups combined), that means that 1500 wild fish can be killed. Based on release mortalities, the managers conclude that 150,000 hatchery fish can be harvested by the time the 1500 wild fish are killed.
What is the amount of hatchery spring chinook harveste? 150,000 out of 600,000. The season is formed to be long enough to catch the 150,000.
What if the listed fish run is still 10,000, but the hatchery run is 3,000,000? How many hatchery spring chinook are harvested?
150,000. The exact same amount, and the exact same season, as if 600,000 hatchery fish returned.
What if 400,000 hatchery fish returned, but the listed runs were at 20,000, rather than 10,000?
The 15% ESA impact is spread over twice as many listed fish. What does that mean?
It means that TWICE as many hatchery fish can be caught, in a season TWICE as long.
That's right...because of a ten thousand fish increase in listed fish, harvestable fish go from 150,000 to 300,000, even if the hatchery run goes down from 600,000, or 600,000,000, to 400,000.
The amount of hatchery fish available IS NOT the basis for the fishery, as it stands now. It's the amount of listed fish which controls how many fish will be caught and how long the season will be.
It's very disingenuous for the "powers that be" to get all excited, and try to get us excited, about half a million hatchery fish. It doesn't matter, there could be half a billion hatchery fish, the season won't get any longer.
Each winter when the Columbia River sportfishermen want to know what they're going to get a shot at when it comes to hatchery spring chinook, don't ask how many hatchery fish are coming back.
Ask how many wild fish are coming back...it's the only number that matters right now.
As the wild fish runs get bigger and bigger, a time will come when ESA impacts will allow us to harvest most of the hatchery run. When, and if, that point ever comes, then the size of the hatchery run will be relevant.
This is why selective fisheries by all user groups is good for everyone.
Fish on...
Todd
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#233156 - 02/15/04 05:55 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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By my plan, the tribes would have two choices, if they want to use the treaty as it's written, they have to make do with their traditional methods. However, they can make use of all the modern equipment they want, but then, they'd have to play by the same rules as the rest of us. They cannot be made to do this. How do you get them to go along with your plan? Fish on... Todd
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#233158 - 02/15/04 06:30 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 01/03/01
Posts: 797
Loc: Post Falls, ID
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Originally posted by Todd: By my plan, the tribes would have two choices, if they want to use the treaty as it's written, they have to make do with their traditional methods. However, they can make use of all the modern equipment they want, but then, they'd have to play by the same rules as the rest of us. They cannot be made to do this. How do you get them to go along with your plan?
Fish on...
Todd Obviously they would have to be taken back to court. Realistically it probably wouldn't work, but I think it works logically. Personally, I've never read the entire Boldt decision so if I'm wrong, then this wouldn't work, but to the best of my knowledge, the treaty (and possibly the decision) does not guarantee the tribes the right to specifically use gill nets. It would seem to me, that even the state government could tell the tribes they can still target their fish wherever/whenever, they just have to use a different means because the tribes weren't guranteed that right (again, to my knowledge). The tribes would still have the right and opportunity to kill all the fish, they'd just have to come up with another means to do so.
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#233159 - 02/15/04 06:58 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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Here's the citation:
"The Stevens treaties do not prohibit or limit any specific manner, method or purpose of taking fish. The treaty tribes may utilize improvements in traditional fishing techniques, methods and gear..." U.S. v. Washington, 384 F.Supp. 312, 402 (1974).
Fish on...
Todd
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#233160 - 02/15/04 07:15 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Three Time Spawner
Registered: 06/14/00
Posts: 1828
Loc: Toledo, Washington
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Todd
We often do not agree on issues. But you are 100% right on your last post!
"in common" means exactly what it says! If we use aluminum boats, the tribes can, If we use gill nets, the tribe can. It's really pretty simple if you understand what "in common" means legally.
Cowlitzfisherman
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Is the taste of the bait worth the sting of the hook????
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#233161 - 02/15/04 07:27 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Three Time Spawner
Registered: 06/14/00
Posts: 1828
Loc: Toledo, Washington
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Todd This also goes back to what I have stated quote:6. If the state can show that it is necessary for conservation to restrict off-reservation treaty fishing on a threatened run of a species destined for one river, but that other runs of the same species destined for other rivers are abundant enough to permit harvesting by treaty and non-treaty fishermen in accordance with the opinion of the court, may the state restrict the treaty off-reservation fishery on the threatened run even though non-treaty fishermen fishing on mixed runs will incidentally impact [**271] the threatened run? (See F.F. 202)
A. The state would not necessarily be allowed to operate in the manner set forth in the question. Various other factors may be involved. The state must explore alternatives to fishing on mixed stocks, consistent with the goal of full harvest of the resource.
Does this mean that the State could stop all fishing on a stock, if it was not being fished as a "mixed stock" in the name of "conservation? That would also mean no c&r, sport, commercial or tribal fishery. If we truly really wanted to protect and recover a run of wild steelhead, wouldn't the state be able to close the entire fishery to protect those rivers that do not have a mixed stock fishery?
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Is the taste of the bait worth the sting of the hook????
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#233162 - 02/15/04 08:43 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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Bob, I think we probably agree on 95% of things...we just don't go on and on about them on the BB's... Your quote from above is from the Boldt decision, U.S. v. Washington, 384 F.Supp 312, 409 (1974). That portion of the case is where the State submitted questions to the judge to help them implement the rest of the ruling...the question is listed, then the judge answers it. That is question #6 from the case. The Col. R. fishery is a great example of how the answer to that question is playing out. We have a very abundant hatchery run, mixed with very depressed listed runs. *Remember, the only time the state can regulate tribal fishing is if it is reasonable and necessary for conservation, and is not discriminatory towards tribal fishing* (U.S. v. Washington, 384 F.Supp. 312, 402). The court's answer is "Not necessarily", and that the state must pursue "other" alternatives. What does that mean? I know you won't like the answer, folks, and this is not intended to re-hash the "right vs. privilege" argument, but... "If alternative means and methods of reasonable and necessary conservation regulation are available, the state cannot lawfully restrict the exercise of off reservation treaty right fishing, even if the only alternatives are restriction of fishing by non-treaty fishermen, either commercially or otherwise, to the full extent necessary for conservation of fish." U.S. v. Washington, 384 F.Supp. 312, 342 (1974)(italics added for emphasis). Now, back to the "not necessarily" language. If there is no way to conserve the weak stocks without restricting the treaty harvest, then the state can restrict the treaty harvest. If the state can restrict non-treaty fishing, commercial or sport, enough to conserve the fish, even if they don't get to fish at all, they have to do that first. If after restricting all non-treaty fishing, if the tribes can fish without endangering the run, they still get to fish. The reason is, whether folks believe it or not, non-treaty fishing is a privilege, and the federally protected treaty right to fish has precedence. (see U.S. v. Washington, 384 F.Supp 312, 332 (1974)). So, back to your question... Does this mean that the State could stop all fishing on a stock, if it was not being fished as a "mixed stock" in the name of "conservation? That would also mean no c&r, sport, commercial or tribal fishery. If we truly really wanted to protect and recover a run of wild steelhead, wouldn't the state be able to close the entire fishery to protect those rivers that do not have a mixed stock fishery? Yes. If there is no healthy run mixed in, and if after stopping all non-treaty fishing, commercial and sport, there still is no way for the tribes to conduct a fishery without jeopardizing the existence of the run, then the state can stop them from fishing. If such a case came up, the State would have to go to Fed. Court and ask for an injunction to stop the tribal fishery from taking place, assuming they had one planned. The key, though, as that the tribal fishery must jeopardize the continued existence of the run. Fish on... Todd.
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#233164 - 02/15/04 09:04 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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Well, Grandpa, No one can say you don't have an active imagination. I'd have to say that's definitely thinking outside the box :p :p Fish on... Todd
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#233165 - 02/15/04 09:49 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 09/08/02
Posts: 812
Loc: des moines
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Todd, Just want to say thanks to you for your posts on this and the Boldt thread.Its great to have someone here that knows the facts about the treatys and Boldt decision.The more sportsman know the better.They might not like the facts.But its alot more productive than going off assumptions.Bashing the tribes over how someone feels or what they assume is right is counterproductive. Thank again Todd
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Chinook are the Best all else pale in comparison!!!!!
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#233166 - 02/15/04 09:58 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Returning Adult
Registered: 12/12/00
Posts: 447
Loc: tacoma, Washington, US
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No matter what the sport fisherman do, it is all perceived as anti-native americans. I truely believe that a protest of any sort will be back fired and actually elevate the market for wild SH.
I don't agree with river netting at all, but lets face it the Fed won't go for "Indian Giving", especially now a days.
I may have a solution. How about figuring out other ways to help the Native American economy to steer away from fishing. Partners in business is more powerful than legislation.
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Know fish or no fish.
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#233167 - 02/15/04 10:04 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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No problem, Duroboat...I'm glad to have such a place where I can share that type of information with people who really need it.
However, don't let the postings being here make you too complacent...nothing in those posts you're talking about was just posted for the first time.
There are a few members who continue to talk about Foregone Opportunity, and tribal catch rates, and science, and politics...without backing it up with much in the way of facts.
You watch, in spite of the words of the Boldt decision, which sets the framework for salmon and steelhead management policies, you will continue to see these same folks say things that directly contradict what is out there in plain sight for them to see.
I don't know how many times I've responded to people's posts saying "why should the tribes get to use monofilament gillnets and powerboats when they didn't have them at the time of the treaties?" I've responded by showing the exact piece of federal law that says they can. Here they are again saying the same thing.
The folks that keep demonizing WSR because the Indians will use Foregone Opportuity to get all the fish, just like they always have, can never come up with a court case where they did.
The reason is that it has never happened. That's not to say that it may not...but it hasn't happened yet. In my opinion it won't, but we'll have to see how that shakes out.
It's kind of funny, but the type of a situation where FO would apply would be in the situation where we in no way possible could even have the possibility to harvest the non-tribal portion, and that would be if there were no commercial gillnets fishing over gigantic runs of salmon. It sure didn't stop these same people from supporting the B.A.N. initiative, which would have presented that situation.
It didn't stop me from supporting B.A.N., either...I picked up and distributed a lot of signs the last time it came up.
Fear and emotion are there for everyone who gets involved in steelhead management, and they're especially there for folks who don't get involved other than to b!tch about what's going on.
Fear and emotion, however, is not science, it's not law, and it's not facts.
Fish on...
Todd
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#233168 - 02/15/04 11:11 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Parr
Registered: 03/03/03
Posts: 50
Loc: Ocean Shores, WA
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Very little is known of the Canadian country since it is rarely visited by anyone but the Queen and illiterate sport fishermen. P. J. O'Rourke (1947 - )
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#233169 - 02/15/04 11:14 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 02/04/00
Posts: 516
Loc: Seattle, WA
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Hi All, just an FYI about the economics behind wild steelhead sales. Two years ago in La Push the price tribal fisherman were getting for steelhead was so low($ .15/lb.) that they were freezing them whole to be used as halibut and crab bait!! So even if there is not a fresh market they will still fish for them! We need to get the net out of the rivers period.
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"King Camp ain't for pussies" -FishRanger "I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day" - Frank Sinatra Trouble is the structural steel that goes into the building of character.
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#233171 - 02/16/04 01:29 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Dick Nipples
Registered: 03/08/99
Posts: 27840
Loc: Seattle, Washington USA
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I think education of the general "nonfishing" public is needed. Most folks who don't fish think that the poor indians need to be allowed to net fish for food. Poor things. I agree with you on this one Grandpa, 100%. The folks that are going to go to the public and make a case, however, are going to need to know where the treaties came from, what their legal status is, numbers of fish being netted, documented abuses, info from scientists analyzing what's going on and what's going to happen, etc. If we go off half-cocked like sportfishermen did 30 years ago, well...remember what happened 30 years ago? We will lose if for a second we look like we're coming off as anti-Indian, and anti-treaty rights. We must come off as pro-resource, pro-ecosystem protection, and discuss the economics of the situation. Fish on... Todd
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#233172 - 02/16/04 02:08 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Returning Adult
Registered: 08/10/02
Posts: 431
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If I'm not mistaken fish traps and wheels were banned in the 1930's in Washington. The indians used mainly set gear types like fish traps (banned), wiers (banned) and reef nets (still legal) until they were prevented from doing so by the state and feds. The lummi's still use some reef nets in the san juans.
Allowing the use of permanent set gear like traps or weirs is a double edged sword. Granted they can be used to fish selectively, but they are also considerably more efficient--this could more easily lead to overharvests.
In my perfect world all hatchery fish would be clipped and both the tribes and sportfishers would be required to use selective gear and release all wild fish in any areas with threatened wild stocks.
Given the expense of set gear like traps, I think we'd have to subsidize the building of fish traps and weirs to make this work politically speaking
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#233174 - 02/16/04 02:36 PM
Re: How Can We Stop Netting of Wild Steelhead?
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River Nutrients
Registered: 10/10/03
Posts: 4756
Loc: The right side of the line
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Re: the boldt decision.
Most people make the mistake of assuming the law is about right and wrong. It has nothing to do with right and wrong in application it is about the process. The person that can make the best arguement with history wins the day.
So the interpretation of the treaties has gone one way basd on arguements of interpretation. Just need to come up with a Clarance Darrow for the pursuasive arguement to go the other way. Maybe the studies of Kenewick man will effect things. Who knows where it will come from and when. But it will come.
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Liberalism is a mental illness!
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#233177 - 02/16/04 04:40 PM
Re: How Can We Stop Netting of Wild Steelhead?
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River Nutrients
Registered: 10/10/03
Posts: 4756
Loc: The right side of the line
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Possibly forcing the commercial and tribal fisheries to label their fish wild or farmed regardless od species. Kind of like the Dolphin safe label. Then organizing a protest then a boycott of any US Grocery chain selling wild fish period. Then trickle down the campaign to the local fish markets.
I doubt anyone buys Tuna now that is not Dolphin safe even though it is mostly not true.
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Liberalism is a mental illness!
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#233179 - 02/17/04 09:39 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Smolt
Registered: 11/06/02
Posts: 78
Loc: Bainbridge Island
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Dave, when I was a young boy river traps were used in the Kalama. I watched one work and it was a marvel. the fisher could keep the kings and release the coho or chum alive. Then the commercial netters started a disinformation campaign to discredit anyone but them. Trollers, and fish traps were eleminated from the oceans and rivers. This was in 1968. I have always thought that the best way to selectively target fish for a commercial river harvest was with traps. They are selective, they keep all trapped fish alive, and fish can be sorted and returned without incidental catch kill.
Scott Strickland
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#233180 - 02/17/04 10:22 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 04/30/99
Posts: 526
Loc: Lake Forest Dark, Wa
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Quote: "I've got to agree with grandpa and his idea of legalizing statewide gambling,- no racism involved, and hitting them where it hurts- their wallets. " I disagree with using the "casino factor" as way of hurting the Tribes. If the Indian Casino's start losing money and laying off Tribal members, many of those Tribal members, who are ex-net fishermen, will return to their formal jobs of netting fish, do you really want this? I've worked for NMFS as an observer on Tribal and non-tribal net boats during the San Juan sockeye fishery many years ago. The number one thing these fishers were paranoid about was the observer bringing a camera on their boats. Cameras were outright band and they would check your gear before you got on the boat. They knew that photos of birds, seals, and other sea life caught dead in their nets, and if those photos/videos made it to the evening news would be the beginning of the end. We all saw what the bootleg "Dolphin Video" did to the Tuna industry ten years ago. Public education on what nets really do to the sea life in Puget Sound and our rivers may be the place to start. BD
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Bobber Down
"It makes no sense to regulate salmon habitat on land while allowing thousands of yards of gill nets to be stretched across salmon habitat in the water"
John Carlson, Gubernatorial Contender, Sept. 2000 speech at the Ballard Locks
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#233182 - 02/17/04 11:56 AM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 04/30/99
Posts: 526
Loc: Lake Forest Dark, Wa
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Trust me slabquest the Tulalip net fishermen are not making any "lucrative" profits from their local net fisheries. However, they can make a decent buck netting sockeye in the San Juans but very few of the fishermen have boats big enough to handle the fishery. I have a feeling the tribal dealers make more than $12 per hour. Really I don't know why are we whining about the casinos. Ten to twenty years ago we were wishing Tribal members would get jobs, lay of of alchohol, and stop sponging off of welfare. So now that the tribes appear to have turned the corner, we whine that they've become too self-independent and wealthy, meanwhile providing jobs to many tribal members? I don't get it? BD
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Bobber Down
"It makes no sense to regulate salmon habitat on land while allowing thousands of yards of gill nets to be stretched across salmon habitat in the water"
John Carlson, Gubernatorial Contender, Sept. 2000 speech at the Ballard Locks
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#233183 - 02/17/04 01:13 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Returning Adult
Registered: 03/12/01
Posts: 359
Loc: Kirkland, Wa USA
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Bobber down is correct. Since the price for fish plummeted several years ago and the casinos opened and offered jobs, netting pressure on Puget Sound rivers especially has declined dramatically.
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#233185 - 02/17/04 09:20 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Three Time Spawner
Registered: 06/04/03
Posts: 1698
Loc: Brier, Washington
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Really I don't know why are we whining about the casinos. Ten to twenty years ago we were wishing Tribal members would get jobs, lay of of alchohol, and stop sponging off of welfare. So now that the tribes appear to have turned the corner, we whine that they've become too self-independent and wealthy, meanwhile providing jobs to many tribal members?
WOW is that ever off the mark!
The casinos on the rez is run by white , professional managers/operators and are not populated by masses of tribal workers. On the contrary, the tribes still find it tough to get their members to work. The heirarchy of the tribes have the money and the masses are still poor, on welfare, have high alcoholism numbers, and unemployment. Look at the statistics on the rez and you see the same poor performance that indians have been plagued with for decades. The casino money being handed out by the Muckleshoots for example will absolutely not raise these folks out of their cycle of failure. The money will be handled like lottery winnings and cannot take the place of gainful employment and the pride that can go with it.
The heirarchy of the tribes would lose the most without the gambling monopoly. Members of the rich tribes like the Muckleshoots will still shoot elk out of season and scoop up our natural resources with reckless abandon no matter how many hand outs they get. Don't kid your self.
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#233186 - 02/17/04 10:59 PM
Re: How Can We Stop Netting of Wild Steelhead?
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Spawner
Registered: 06/04/02
Posts: 937
Loc: Everwet
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While netting pressure may have declined, the resource has also declined. Yes, casinos provide the opportunities for tribal members to become self sufficient, making for fewer welfare recipients, but none of this matters when netting continues to go unchecked. The ones who habitually refuse to work will continue to do so, regardless of what opportunities are offered them, while the ones who choose to keep netting will continue to net, untill such a time that there are no more fish to catch, then it's either work at their casinos, or go on welfare. The netting must stop! For all of our sakes. Selective fishing methods such as traps or weirs are the only acceptable and viable alternatives.
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