Does anyone know where I can download or read a copy of a June 9, 1855 treaty Which the Yakama's refer to in the 2000 Settlement Agreement with Tacoma Power on the Cowlitz River 2016 Project.

The Yakama Nation refer it at 4.5 of the settlement agreement. They say "Under authority of the Treaty of June 9, 1855, the Yakama Nation claims perpetual rights to harvest fish at usual and accustomed places ("U & A") within the upper Cowlitz River basin." Can anyone help me find this treaty?

Thanks, Cowlitzfisherman

Is the taste of the bait worth the sting of the hook????

What's the deal? Are they trying to claim rights up near the park or something now?

If they are, that would mean they would have to put more fish in the river. This should mean more fish passing through the lower river. Could also mean more closures to insure their fish get up there.

Sinker

They (the Yakama's) are just trying to make sure that if the "wild fish" restoration program works, that they will be able to harvest them! They (the Yakama's) won't put one "red cent" of "their money" into this program. They just intend on sitting back and reeking in the harvest, if it works.


Cowlitzfisherman

Is the taste of the bait worth the sting of the hook????

Well now that sucks, there's getting to be more and more tribes that are putting their money forward to make sure these things happen.
I know the Muckleshoots have spent a lot of money on the tribs of the upper White River. I used to see them up there all the time when I was hunting up there. They gave the state $500,000 to see what was happening to all of the deer and elk in the City of Tacoma watershed.
Too bad the Yakama's won't step up to the plate.
It's getting any more with all the beauracracy in Oly that the tribes are the only ones that can make an impact on a system this large. It's sad but it's true. The state wasn't doing a damn thing to see what could be done for the wild salmon in the white river, nor why the elk were getting eaten up in the watershed(turned out it was cougars).

CFM,

I don't know where to get a copy of the Yakima treaty short of the UW library. I've heard that all the Stevens' treaties use the same language regarding reserved fishing, hunting, and gathering rights in all usual and accustomed areas. I don't believe any of the treaties specify where the U&A areas are, as they were different for each tribe. U&A rights apply to "ceded areas," that is, the land a given tribe ceded to the United States. Washington State doesn't recognize Yakima (actually Yakama) Tribal rights west of the Cascade summit, and federal agencies are silent so far, because Yakama ceded areas are apparently all east of the Cascades. U&As were described in a series of orders from the Boldt court following the decision in US v Washington because the state wanted to know where it was legal for fishermen of the various tribes to fish. Some of the descriptions are rather vague, but it would be hard to draw a line that was entirely east of the Cascade summit to include entire river systems - not just around the park - that lay west of the Cascade mountains.

If the Yakama have a valid claim to rights west of the Cascades, it would be based on a technicality. Apparently, and this is hearsay as far as I know, some members of the Cowlitz band went to live on the Yakama reservation and became members of the Yakama Tribe. Those Cowlitz members would have rights within the Cowlitz River basin area, however, the Cowlitz Tribe never signed a treaty with Stevens, and until recently were not a recognized tribe by the federal government.

Some Cowlitz members also apparently went to live at Quinault and became members of that tribe, and may have rights through the Treaty of Quinault. However, the Quinault treaty acknowledges ceded area and fishing, hunting, and gathering rights in the vicinity of the lower Chehalis River, Grays Harbor, the Humptulips, Quinault, and Queets River systems. The Treaty of Quinault makes no mention of the Cowlitz River area, so it seems like it would be a stretch to say that Cowlitz treaty fishing rights were established for an unrecognized tribe on a river that is not within a ceded area of any of the Stevens' treaties. However, never underestimate the imponderable outcomes that are possible through the federal court systems.

Sincerely,

Salmo g.

You'll find the relevant treaties at the Columbia River Inter-Tribal Fish Commission web site: CRITFC Web Site

Cool Monkeys

The Cowlitz Tribe has about 30 days until thier Federal Recognition is final. After this period any Cowlitz that is a member of another tribe has six months to decide which tribe. A person can only be a member of one tribe.
It would be unethical for the Yakama to try to claim this erea as UandA once the Cowlitz are recognized.

Tchinouk, sounds to me like your tribal knowlege and insight could be of much value to this board, thanx for posting and welcome!

Thank's Flick anything to help bridge the gap between tribal and non tribal.
I also have the original boundry from the Yakama treaty.
This is for the west boundry. "The line will be run on the ridge from the head waters of the of the south fork of the Antanum River, around the headwaters of the Klickitat River by Spencer point to Goat Rock, thence along the summit of the Cascade Mountains to Conical Hump,and thence by the blazed trees to Grayback Peak, this line following the treaty boundries of the reservation as claimed by the Yakimas in the 1855 treaty.
The report of E.C. Barnard of the Geological Survey considers the important clause in the treaty to be that which makes the summit of the Cascade Mountains form a part of the western boundry.

Thank's Flick anything to help bridge the gap between tribal and non tribal.
I also have the original boundry from the Yakama treaty.
This is for the west boundry. "The line will be run on the ridge from the head waters of the of the south fork of the Antanum River, around the headwaters of the Klickitat River by Spencer point to Goat Rock, thence along the summit of the Cascade Mountains to Conical Hump,and thence by the blazed trees to Grayback Peak, this line following the treaty boundries of the reservation as claimed by the Yakimas in the 1855 treaty.
The report of E.C. Barnard of the Geological Survey considers the important clause in the treaty to be that which makes the summit of the Cascade Mountains form a part of the western boundry.

Cowlitz - Try this site. It may have what you're looking for.
http://www.nwifc.wa.gov/tribes/treaties/

Good luck with your case.