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HIDY FUJIMOTO CLINTON YOUNG GORO SUZUKI JOHNNY TOYODA
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Trans-Pacific Trading Co. Ltd.
879-8271
802 WEST 7th AVE., VANCOUVER, B.C.
879-8271
Boldt decision problem for U.S.
The controversial U.S. court decision allowing Indian fishermen half of the American salmon catch in Puget Sound, has no direct bearing on the balance of salmon interceptions between Canada and the U.S., UFAWU president Homer Stevens declared this week.
Earlier this year in U.S. district court, Judge George Boldt interpreted an 1854 treaty between the U.S. government and certain Pacific coast Indian tribes as granting them 50 percent of the harvestable salmon in Puget Sound waters.
Seattle gillnetter Loren Berg is seeking a permanent injunction prohibiting Judge Boldt or Washington state fisheries regulations from discriminating against  non-Indian fishermen.
But according to Stevens, if the court ruling is upheld, "it simply means that U.S. fisheries regulations would have to set aside, in their own waters, that portion allocated to Indian fishermen."
Canadian members of the International Pacific Salmon Commission have already rejected a U.S. proposal that Washington state Indians be allowed extra fishing time on sockeye and pinks headed toward the Fraser River this year.
"The same situation would be true in reverse if the Canadian courts decided on some special allocation of salmon for Indian fishermen here," Stevens explained.
He said the U.S. proposal for more time for Washington Indian fishermen is a "smokescreen" intended to complicate negotiations for a new Canada-U.S. reciprocal fishing agreement based on equalization and reduction of mutual interceptions of salmon.
"There's nothing in anything we've seen so far to indicate that U.S. Indians are demanding a greater share of Canadian salmon."
Indeed, non-Indian fishermen are the ones doing the demanding. Members of the Puget Sound Gillnetters Association at a meeting in Seattle September 13 voted unanimously to lay plans for a fish-in during the first week that non-Indian fishing is prohibited while Indian fishing is allowed. They also passed a resolution declaring their right to fish in defiance of  state regulations.
There was a suggestion at the meeting that individual non-Indian fishermen take action against state fisheries officers for infringing on their civil rights, and the gillnetters also voted to impose regulations on themselves so that their fishing, even though contrary to Judge Boldt's decision, would not damage the resource.
Though Indian management of
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the resource was implicit in Judge Boldt's decision, there is a body of opinion in the U.S. which contends this will not work.
Washington state fisheries director Thor Tollefson lent fuel to this argument two years ago when he told a committee of state legislators that, "It is a truism in the United States that if the management or regulation of any natural resource is placed in the hands of the users or harvesters, that resource will soon be depleted."
Daniel Jack Chasan, who has written on the subject of Alaska native land claims, quoted Tollefson in the October issue of Pacific Search, a Seattle magazine concerned with environmental matters.
He also quoted Judge Boldt's observation that the Yakima tribe has had its own written fishing regulations since the early fifties and that the tribe's fish, wildlife, law and order committee, which enforces the regulations, has an annual budget that exceeds $400,000.
"Not every tribe can afford its own biologists or enforcement officers, though," Chasan wrote, "and since the performance of all the tribes will inevitably be judged together, the Indians of western Washington have formed an Interim Indian Fisheries Commission to coordinate their administration of the Boldt decision."
This is not to suggest that the transfer of regulatory power will be orderly. Certainly it will not be uncontested. One of the main grounds for the state's appeal of the Boldt decision is its opposition to the concept of self-regulation.
Yet, Chasan argues, Boldt implicitly recognized that self-regulation is a responsibility that will have to be dealt with by complex, small (Indian) societies.
The interior department's assistant regional solicitor, George Dysart, has suggested that although self-regulation is "quite a revolutionary concept", it is founded on well established notions of Indian tribes as independent political bodies, Chasan wrote.
"Unless his (Boldt's) decision is overturned on appeal, the question is no longer whether, as fishermen, Indians will show more self-restraint than anyone else, but whether, as political entities, Indian tribes will regulate their fishermen any less competently than the state."
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THE FISHERMAN — NOVEMBER 1, 1974/9