United States V. Washington - Holding

Holding

Specifically, the court held that, when the tribes conveyed millions of acres of land in Washington State through a series of treaties signed in 1854 and 1855, they reserved the right to continue fishing. For example, the Treaty of Medicine Creek (1854) mentions that "the right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians in common with all citizens of the Territory". Most of the treaties negotiated by Territorial Governor Isaac Stevens included very similar language.

At the same time, Judge Boldt denied landless tribes like the Samish, Snoqualmie, Steilacoom, and Duwamish both federal recognition and treaty rights.

The court looked at the minutes of the treaty negotiations to interpret the meaning of the treaty language "in common with" as the United States described it to the Tribes, holding that the United States intended for there to be an equal sharing of the fish resource between the Tribes and the settlers. As the court stated, the phrase means "sharing equally the opportunity to take fish...therefore, nontreaty fishermen shall have the opportunity to take up to 50% of the harvestable number of fish...and treaty right fishermen shall have the opportunity to take up to the same percentage".