Eddie
Here's one for you!
You say that there is nothing we can do to stop the tribes from having special fishing privileges. You also said;" I agree that it would be nice to have equal rights for all. Guess what, the Indians do have special rights, guaranteed by treaty and upheld by the courts."
Well, it would appear that you were right until you read what is stated in RCW 77.110.040 Declaration -- Denial of rights based on race, sex, origin, or cultural heritage.
"The people of the state of Washington declare that under the Indians Citizens Act of 1924, all Indians became citizens of the United States and subject to the Constitution and laws of the United States and state in which they reside. The people further declare that any special off-reservation legal rights or privileges of Indians established through treaties that are denied to other citizens were terminated by that 1924 enactment, and any denial of rights to any citizen based upon race, sex, origin, cultural heritage, or by and through any treaty based upon the same is unconstitutional.
No rights, privileges, or immunities shall be denied to any citizen upon the basis of race, sex, origin, cultural heritage, or by and through any treaty based upon the same."
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So one would then think that the state was on the right track, right?
Wrong!
Then you go on to find out that the "state" itself has also created "special laws" that actually gives the Wanapun Indians "special privileges'" that you or I cant not have!
RCW 77.12.453
Salmon fishing by Wanapum (Sokulk) Indians.
"The director may issue permits to members of the Wanapum band of Indians to take salmon for ceremonial and subsistence purposes. The department shall establish the areas in which the permits are valid and shall regulate the times for and manner of taking the salmon. This section does not create a right to fish commercially.
[1983 1st ex.s. c 46 § 27; 1981 c 251 § 2. Formerly RCW 75.08.265, 75.12.310.]
NOTES:
Legislative findings -- 1981 c 251: "The legislature finds that the Sokulk Indians, otherwise known as the Wanapum band of Indians, have made a significant effort to maintain their traditional tribal culture, including the activity of taking salmon for ceremonial and subsistence purposes. The legislature further finds that previously the state has encouraged ceremonial and subsistence fishing by the Wanapums by chapter 210, Laws of 1939 and other permission. Therefore, the intent of the legislature in enacting RCW 75.08.265 is to recognize the cultural importance of salmon fishing to only the Wanapum Indians by authorizing these people a ceremonial and subsistence fishery, while also preserving the state's ability to conserve and manage the salmon resource." [1983 1st ex.s. c 46 § 62; 1981 c 251 § 1. Formerly RCW 75.12.300.]"
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So the next time you hear our WDFW saying that there is nothing that they can do because the Federal law gives the Indians special fishing rights, just look them in the eyes and say Bull $hit! Does the word "hypocrisy" fit?
Cowlitzfisherman
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Cowlitzfisherman
Is the taste of the bait worth the sting of the hook????