Some stuff from the boldt decision. Please understand we have got to get rid of the nets first. This regulation only covers a few rivers. It is not the big victory the purist claim it is for sportsfishermen. The rest have already been C&R yet nothing has changed except that we are loosing more privilages. This was just a victory for people that prefer to Catch & Release and want evrybody else to fish the way they do. As long as there are harvestable fish the indians will have the right to fish for them whether we partake in are privilages or not.

[*403] 32. In order for regulations not to discriminate against treaty Indians, the Department of Fisheries' harvesting plan must provide for an opportunity for treaty Indians to take, at their off-reservation usual and accustomed fishing places, a share of the harvestable fish as set forth in the Final Decision, pages 342-343.

notice it says harvestable fish, not does not distinguish between native or non native.

. Regulation of off-reservation Indian treaty fishing by the United States, the State, or the Plaintiff tribes does not preempt the regulation by any of the other two. Jurisdiction of each entity to regulate is unimpaired by the exercise of another entity's regulatory jurisdiction. With respect to matters over which there may be multiple jurisdiction, the extent of exercise or non-exercise of regulatory jurisdiction by the entity having primary interest [**252] in the matter may be relevant to the appropriateness of another entity's exercise of its jurisdiction. Also the exercise of federal or tribal regulatory control may affect the finding of "necessity" which is required for the validity of any state exercise of its police power to preserve the resource .

The state cant show necessity to preserve the resource when they have already showed scientifically there are harvestable amounts of wild steelhead. Even if they could show necessity for wild stocks there is no distinction between native fish and hatchery fish in the Boldt decision!

I am not done yet I just got into the interesting parts! But its getting early in the morning and I gots to go to work later.