We need it put into law, outlawing the purchase, transfer, posession, trafficing, sale, of wild steelhead inside of Washington State and its waters and airways but outside of federally recognized native american reservation land, involving any person who is not a enrolled native american from a federally recognized indian tribe.

Meaning if any individual who is not an enrolled native american from a federally recognized indian tribe is involved in any of the above mentioned outside of federally recognized indian reservation but inside the state of Washington they shall be subject to criminal prosicution and forfiture or siezure of there involved property.

We should try and get somthing to this affect into law by the time the moritorium is over in 2006.

It only makes sense as steelhead in washington are defined as a game fish and its about time they are treated as such for non-indian use.

It would only strengthen the argument for perminent WSR. It makes the non-fishing public have a hard time understanding why we should have WSR if we have wild steelhead for sale in Pike Place Market.

Rich,

ADD TO THAT a section that includes prohibiting the SALE of Wild Steelhead on federally recognized native american reservation land. Possession by Native Americans on reservation land for personal or ceremonial use is allowed, the SALE of Wild Steelhead within the State of Wa. (by anyone) should be illegal.

I respect the Native Americans history of the Steelhead (wild or not) as a ceremonial fish, and also as food for their families. To kill thousands more for sale exceeds the boundaries of that historical use, IMHO.

Get that in there and you've got my 100% suppot (for whatever that's worth..LOL).

Mike

Mike, it pretty much covers that without saying it.

What is the point of buying it if you cant take it off of the reservation?

"We need it put into law, outlawing the purchase, transfer, posession, trafficing, sale, of wild steelhead inside of Washington State and its waters and airways but outside of federally recognized native american reservation land, involving any person who is not a enrolled native american from a federally recognized indian tribe."

Right, like another law will solve anything! You can buy a carload of illegal fireworks that could level a house. Do you really think anyone would give a rat's behind if someone buys a fish to eat? I respect your thinking, but you can't possibly believe a law would make any difference. Bill

Think about it,

Resturants cant sell or buy it, Grocery stores cant sell or buy it, seafood vendors cant sell or buy it, shipping companies cant ship it.

This would make it very difficult to market wild steelhead.

Perfect!

Cocaine, Heroin, LSD, Barbiturates, and now Wild Steelhead. Give Ashcroft a call, I'm sure he could use his Patriot Act to track all known previous killers of these ocean going creatures.

C'mon Rich, with all due respect, what will they do, search every trunk going off the res?? They would simply sell it and off they go in a cooler in the trunk of someones car. The tribes would not give a damn it was illegal and if they WERE busted would simply wave the treaty in court. They need to make a MORITORIUM that NO wild steelhead can be sold... PERIOD....
And for the previous comment on respecting the indians "respect for the wild steelhead" I say BS! If they respected them, they would minimize or quit fishing for them knowing they are endangered...

The tribes wouldnt be doing anything wrong by selling it, you would be by buying it.

What is so hard to understand about this. Its illegal in Oregon to sell wild steelhead so why not here?

Sorta like the fireworks thing ??? In Idaho they can sell fireworks on the res to anybody who wants to buy them. Then you sign a piece of paper stating you won't light them off in Idaho.... Duh... as if. I don't know but suspect that fireworks are illegal in Wa state ( big bang blow up kind ) but I know they sell them on the res over there... Seems like you would have about the same level of enforcement. However, any idea is better than no idea.

Sorry Dalmar, I did not see your comment above but it was the first thing that crossed my mind.

Hey Rich, I don't disagree, but know this. To buy or sell steelhead in washington state, wild or hatchery, you must posess an Anadromous Fish Dealers license, purchased through WDFW, in addition to a Fish Dealers license. Even Native Americans off res land must have these to sell. On res land, only tribal law is observed. Sooooo.... if WDFW stopped selling or renewing the Anadromous Fish Dealers license, there would be no legal way to sell steelhead period, off res land. And I fully agree that we should respect the Native Americans right to fish these special fish for consumption or ceremonial purposes, while removing the financial gain.

Rich -
When I took a civics class more than 40 years ago I learned that in this Country Federal laws supersedes State laws. Nearly 30 years the federal courts ruled that the Washington's state law that holds steelhead as a game fish which also means no commerical sale of them (sound familar) did not apply to the rights established by the federal treaties with the tribes. In effect federal treaties are federal laws. The judge further explained that banning the sale of the fish was in effect prohibiting the tribes from excerising their treaty rights.

As a state law your idea is dead on arrival. It would take new federal action if you wish to such a change. While you work on delivering the Washington state congressional delegation in support of this effort BRUN can work on doing the same with the Idaho delegation. You'll then will need only 24 states to joint the bandwagon to succeed.

Tight lines
S malma

I also believe the Bolt decision supports the idea that the treaty rights included not only fishing for ceremonial and subsistance purposes, but also as a means of trade.

Basically I think you would be looking at overturnign the Bolt decision.

SA

I also believe the Bolt decision supports the idea that the treaty rights included not only fishing for ceremonial and subsistance purposes, but also as a means of trade.

Basically I think you would be looking at overturnign the Bolt decision.

SA

One thought that keeps coming back to me everytime I read these steelhead threads:

Should we be allowed to fish for them at all? It doesn't make any sense that we are able to drag a big old hook down the river trying to rip the lips off one of these fish, does it?

In your zeal to protect these fish, you run a very strong argument for eliminating fishing altogether, don't you?

The Boldt Decision, at the time, might have seemed like fair legislation. It is not longer good and fair legislation and SHOULD be overturned/re-written.

It would, again, be a landmark legal battle and would cost (likely) millions in legal fees and would go on for years in appeals.

It wasn't a Constitutional Amendment, but instead a legal precident, therefore can be changed...but not easily brought to the courts and certainly not without substantial evidence and science to support any suggested modifications.

Just my 2 centavos...

Mike B

Smalma,

So we cant make the purchase or sale by whites only illegal in Washington?

Rich G,

It's already illegal for non Indians to sell steelhead in Washington State.

How does Pike Place and other grocery stores and markets get away with it if its not legal?