Who can tell me if Indians have special fishing rights as guides? Can they act as a commercial fishing guide on reservation lands and take none Indians out on guided fishing trips? If so, does any of the fish that their clients catch or take come out of that 50% allotment?

It is my understanding that the tribes are entitled to 50% of the harvestable fish where they have established traditional fishing rights. If that is true, can they take none Indians people out to catch or harvest their 50% on their reservation water? I have been reading a few RCW's and I am a little confused about this issue.

I am looking forward to hearing what some of your answers may be!

Cowlitzfisherman

It seems to me that if a non-Tribal individual fishes with a Tribal guide and retains the fish, then it should count against the non-tribal allotment.

If the guide kept the fish, then it should count against the Tribal allotment.

4Salt
Don't they have special seasons on certain rivers when only the tribes are allowed to harvest?

Cowlitzfisherman

I believe that most, if not all rivers that do not flow through a reservation have fishing open to both sport and Tribal commercial at the same time, except where specific treaty issues come into play. In the Columbia river for example, the sport fishing as you know usually happens below Bonneville dam (springer season) and the Tribes net the river above. I don't think that any of the Columbia river treaty tribes offer guided sportfishing in areas where it's not legal for non-Tribals to fish anyway?

I'm not familiar with any situation where a river was closed to sport harvest completely, but was open to Tribal guiding. Except of course the Quinault, or maybe the Sooes, or any river where fisheries decisions for that river are made exclusively by a particular tribe, and the State has no jurisdiction.

I am confused about that too., but it seems to me that it should count towards there 50%
because you are paying them to for the fish you catch on there reservation. A non native guides catch for his clients count as part of the sport catch not commercial even though money is changing hands. I dont know

Here is where I am a bit confused! RCW 77.15.570 states; " Except as provided in subsection (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor." As you can read it goes on to say;". . . (c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery."

The last time I checked, "Rod and reels were considered to be "fishing equipment"! And then you add this; "to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery" spells trouble for the client!

If any parts of these fish are coming from a tribal allotment, then the none-Indian who is paying an Indian would appear to be in big trouble according to this unknown or seldom read law!


RCW 77.15.570
Participation of non-Indians in Indian fishery forbidden -- Exceptions, definitions, penalty.
(1) Except as provided in subsection (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor.
(2) A person who violates subsection (1) of this section with the intent of acting for commercial purposes, including any sale of catch, control of catch, profit from catch, or payment for fishing assistance, is guilty of a class C felony. Upon conviction, the department shall order revocation of any license and a one-year suspension of all commercial fishing privileges requiring a license under chapter 77.65 or 77.70 RCW.
(3)(a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisherman may assist the fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.
(b) Other treaty Indian fishermen with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishermen are members of the same tribe or another treaty tribe, may assist a treaty Indian fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.
(c) Biologists approved by the department may be on board a vessel operating in a treaty Indian fishery.
(4) For the purposes of this section:
(a) "Treaty Indian fisherman" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts;
(b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishermen by tribal or federal regulation;
(c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery.
(5) A violation of this section constitutes illegal fishing and is subject to the suspensions provided for commercial fishing violations

RE: RCW 77.15.570

I am not sure about the guides and guiding or who's alotment it comes out of, but the mentioned RCW is got to do with Commercial netting/Troll/Seine etc.... as I understand it.

I can't recall where this was talked about but thats what the RCW 77.15.570 was for, commercial fisheries.

Sport fishing in not considered commercial, for this RCW.

So the natives can not guide in this fisheries, it is for commercia lpurpose only.

So if you are Non-Native you can not do any of the mentioned in the RCW involving the commercial fisheries.

Drivers

If what you say is true, then RCW.15. 510 is in direct conflict! Since there is no legislative intent mention on this RCW, why apply that logic to this law.

Check out these and let me known what you think.

RCW 77.15.510
Commercial fish guiding or chartering without a license -- Penalty.
(1) A person is guilty of commercial fish guiding or chartering without a license if:
(a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;
(b) The person acts as a professional salmon guide and does not hold a professional salmon guide license; or
(c) The person acts as a game fish guide and does not hold a game fish guide license.
(2) Commercial fish guiding or chartering without a license is a gross misdemeanor.

Or:
RCW 77.65.010
Commercial licenses and permits required -- Exemption.
(1) Except as otherwise provided by this title, a person may not engage in any of the following activities without a license or permit issued by the director:
(a) Commercially fish for or take food fish or shellfish;
(b) Deliver food fish or shellfish taken in offshore waters;
(c) Operate a charter boat or commercial fishing vessel engaged in a fishery;
(d) Engage in processing or wholesaling food fish or shellfish; or
(e) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.
(2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.
(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.
(4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.
[1998 c 190 § 93; 1997 c 58 § 883; 1993 c 340 § 2; 1991 c 362 § 1; 1985 c 457 § 18; 1983 1st ex.s. c 46 § 101; 1959 c 309 § 2; 1955 c 12 § 75.28.010. Prior: 1949 c 112 § 73; Rem. Supp. 1949 § 5780-511. Formerly RCW 75.28.010.]
NOTES:
Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates -- Intent--1997 c 58: See notes following RCW 74.20A.320.
Finding -- Intent -- 1993 c 340: "The legislature finds that the laws governing commercial fishing licensing in this state are highly complex and increasingly difficult to administer and enforce. The current laws governing commercial fishing licenses have evolved slowly, one section at a time, over decades of contention and changing technology, without general consideration for how the totality fits together. The result has been confusion and litigation among commercial fishers. Much of the confusion has arisen because the license holder in most cases is a vessel, not a person. The legislature intends by this act to standardize licensing criteria, clarify licensing requirements, reduce complexity, and remove inequities in commercial fishing licensing. The legislature intends that the license fees stated in this act shall be equivalent to those in effect on January 1, 1993, as adjusted under section 19, chapter 316, Laws of 1989." [1993 c 340 § 1.]

So what do you think now?

Cowlitzfisherman

because the quinult river is on the res. wa. state law and rules do not govern.

I think you got it Larry. The state has little juristication on tribal land and the laws pertain to non-tribal state lands. The federal courts deal with tribal matters. It would make an interesting case if brought to court.

On the Rez there are no rules. Your tax money helps to pay for the fishery on the Quinault but you have no say in that fishery. If any one of you think the RCW stuff applies on the Rez you better smoke another bowl and chill out.

Also will all of you who think the tribes get 50% and it is strictly enforced please raise your pathetic, ignorant hands. Ask WDFW how many fish a certain tribe has taken in a given fishery sometime and see what you get.

Absolutely no one counts the fish taken by tribal guides on tribal lands. No license....no quotas...no ****

We know grandpa we know but what do we do about it? Everything from stripping eggs out of fish and leaving the carcasses Hoodsport, Puyallup, Mcallister,Nisqually ECT, to Indian kids Snagging fish on the Sko that the Indian tribal police say they don't do.
What do we do?
Ramprat

Even my friend Eddie says that the Boldt decision is the law of the land so we must just live with it. I do not agree. I agree that it is the law and I do agree that treaties are federal and therefore cannot be changed by anything a state does. I do not agree that we are stuck with this lopsided attempt at reparations. The politics of appeasement and "feel good" political correctness has gotten us in the fix we're in across the board. The state of Washington has far more power to control our fisheries than is being put to use at this time.

I must say that getting along is preferable to going along. In that I mean that we can probably work with the tribes without letting them have carte blanche to do whatever they please. Alaska is starting to feel the pinch of creeping "rights" being excercised by the tribes up there. Traditionally non-tribal fisheries like King crab and sea urchin harvest are now under the 50% umbrella. It starts small and is growing and growing and growing every year. Under the bleeding heart liberal lack of leadership in this state we have watched the tribes virtually take control of the WDFW and the North of Falcon season setting process.

What do we do? The hardest thing for sports fishermen to do in the world! Get involved. Step off the sidelines and join a club, write letters, express your opinion to politicians and for heaven's sake VOTE....Find out who your friends are in politics and vote for them. Find out who your enemies are and vote against them. Discover the facts about tribal excesses and document them and inform your elected officials.

Cowlitz,


Yes , I don't get it.
I think some one had this issue brought up during the Net ban initiative at a meeting here in seattle
I still have it in my head that RCW 77.15.510 rules were set for the commercial (troll,netting etc...).For non trinal members and tribal.

These rules don't really apply for the "sport "bussiness end of it done by the tribes. It has nothing to do with any rod/reel guiding or allocation..

It has something to do to keep other commercial or private individual from working ,
visiting or any other involvement while they are commercially harvesting with nets. In so many words.

Sorry Cowlitz, thats the best I can come up with for now. Let me ask around her and see if any one else knows a little more about this so lay people like me can fully understand it

.

This ones for commercial
------------------------------------------------------------
SENATE BILL 5163
_____________________________________________

State of Washington 58th Legislature 2003 Regular Session

By Senators Doumit, Swecker, Hargrove, Reardon, Regala, Jacobsen and
Franklin

Read first time 01/16/2003. Referred to Committee on Parks, Fish &
Wildlife.


AN ACT Relating to commercial fishing violations; amending RCW 77.15.700;
adding new sections to chapter 77.15 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

{+ NEW SECTION. +} Sec. 1. (1)(a) The legislature finds that existing law
as it relates to the suspension of commercial fishing licenses does not take
into account the real-life circumstances faced by the state's commercial fishing
fleets. The nature of the commercial fishing industry, together with the
complexity of fisheries regulations, is such that honest mistakes can be made
by well-meaning and otherwise law-abiding fishers. Commercial fishing
violations that occur within an acceptable margin of error should not result in
the suspension of fishing privileges. Likewise, fishers facing the possibility
of license suspension or revocation deserve the opportunity to explain any
extenuating circumstances prior to having his or her professional privileges
suspended.
(b) The legislature intends, by creating the license suspension review
committee, to provide a fisher with the opportunity to explain any extenuating
circumstances that led to a commercial fishing violation. The legislature
intends for the license suspension review committee to give serious
considerations to the case-specific facts and scenarios leading up to a
violation, and for the license suspension review committee to only issue license
suspensions when the facts indicate a willful act that undermines the
conservation of fish stocks. Frivolous violations should not result in the
suspension of privileges, and should be punished only by the criminal sanctions
attached to the underlying crime.
(2)(a) The legislature further finds that gross abuses of fish stocks
should not be tolerated. Individuals convicted of even one violation that is
egregious in nature, causing serious detriment to a fishery or the competitive
disposition of other fishers, should have his or her license suspended and
revoked.
(b) The legislature intends for the license suspension review committee to
take egregious fisheries' violations seriously. When dealing with individuals
convicted of only one violation, the license suspension review committee should
only consider suspension for individuals that are convicted of violations that
are of a severe magnitude and show a wanton disregard for the public's resource.

Sec. 2. RCW 77.15.700 and 2001 c 253 s 46 are each amended to read as
follows:
The department shall impose revocation and suspension of privileges upon
conviction in the following circumstances:
(1) If directed by statute for an offense;
(2) If the department finds that actions of the defendant demonstrated a
willful or wanton disregard for conservation of fish or wildlife. Such
suspension of privileges may be permanent{+ . This subsection (2) does not
apply to violations involving commercial fishing +};
(3) If a person is convicted twice within ten years for a violation
involving unlawful hunting, killing, or possessing big game, the department
shall order revocation and suspension of all hunting privileges for two years.
RCW 77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise one
of the convictions constituting the basis for revocation and suspension under
this subsection;
(4) If a person is convicted three times in ten years of any violation of
recreational hunting or fishing laws or rules, the department shall order a
revocation and suspension of all recreational hunting and fishing privileges for
two years(({- ;
(5) If a person is convicted twice within five years of a gross misdemeanor
or felony involving unlawful commercial fish or shellfish harvesting, buying,
or selling, the department shall impose a revocation and suspension of the
person's commercial fishing privileges for one year. A commercial fishery
license revoked under this subsection may not be used by an alternate operator
or transferred during the period of suspension -})).

{+ NEW SECTION. +} Sec. 3. A new section is added to chapter 77.15 RCW
to read as follows:
(1) If a person is convicted of two or more qualifying commercial fishing
violations within a three-year period, the person's privileges to participate
in the commercial fishery to which the license suspension applied may be
suspended by the director for up to one year. A commercial fishery license that
is suspended under this section may not be transferred after the director issues
a notice of suspension, or used by an alternative operator or transferred during
the period of suspension.
(2) For the purposes of this section only, "qualifying commercial fishing
violation" means either:
(a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530,
77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;
(b) A gross misdemeanor or felony involving commercial fish harvesting,
buying, or selling that is unlawful under the terms of the license, this title,
or the rules issued pursuant to this title, if the quantity of unlawfully
harvested, possessed, bought, or sold fish either: (i) Totals greater than four
percent of the harvest available for inspection at the time of citation if the
harvest involves fifty or more individual fish; or (ii) are fish other than
groundfish valued at more than two hundred fifty dollars, or groundfish valued
at more than one hundred seventy-five dollars, at the time of citation if the
harvest involves less than fifty individual fish; or
(c) A gross misdemeanor or felony involving commercial shellfish
harvesting, buying, or selling that is unlawful under the terms of the license,
this title, or the rules issued pursuant to this title, if the quantity of
unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater
than six percent of the harvest available for inspection at the time of
citation; and (ii) totals fifty or more individual shellfish.
(3)(a) The director may refer a person convicted of one qualifying
commercial fishing violation to the license suspension review committee if the
director feels that the qualifying commercial fishing violation was of a severe
enough magnitude to justify suspension of the individual's license renewal
privileges.
(b) The director may refer any person convicted of one egregious shellfish
violation to the license suspension review committee.
(c) For the purposes of this section only, "egregious shellfish violation"
means a gross misdemeanor or felony involving commercial shellfish harvesting,
buying, or selling that is unlawful under the terms of the license, this title,
or the rules issued pursuant to this title, if the quantity of unlawfully
harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty
percent of the harvest available for inspection at the time of citation; (ii)
totals five hundred or more individual shellfish; and (iii) is valued at two
thousand five hundred dollars or more.
(4) A person who has a commercial fishing license suspended or revoked
under this section may file an appeal with the license suspension review
committee pursuant to section 4 of this act. An appeal must be filed within
thirty-one days of notice of license suspension or revocation. If an appeal is
filed, the suspension or revocation issued by the department does not take
effect until after the license suspension review committee has come to a final
conclusion. If no appeal is filed within thirty-one days of notice of license
suspension or revocation, the right to an appeal is considered waived. All
suspensions ordered under this section take effect either thirty- one days
following the conviction for the second qualifying commercial fishing violation,
or upon a final decision ordered by the license suspension review committee,
whichever is later.
(5) A fishing privilege suspended under this section is in addition to the
statutory penalties assigned to the underlying crime.
(6) For the purposes of this section only, the burden is on the state to
show the dollar amount or the percent of a harvest that is comprised of
unlawfully harvested, bought, or sold individual fish or shellfish.

{+ NEW SECTION. +} Sec. 4. A new section is added to chapter 77.15 RCW
to read as follows:
(1) The license suspension review committee is created. The license
suspension review committee may only hear appeals from commercial fishers who
have had a license revoked or suspended pursuant to section 3 of this act.
(2)(a) The license suspension review committee is composed of five voting
members and up to four alternates.
(b) Two of the members must be appointed by the director and may be
department employees.
(c) Three members, and up to four alternates, must be peer-group members,
who are individuals owning a commercial fishing license issued by the
department. If a peer-group member appears before the license suspension review
committee because of a qualifying commercial fishing violation, the member must
recuse himself or herself from the proceedings relating to that violation. No
two voting peer-group members may reside in the same county. All peer-group
members must be appointed by the commission, who may accept recommendations from
professional organizations that represent commercial fishing interests or from
the legislative authority of any Washington county.
(d) All license suspension review committee members serve a two- year
renewable term.
(e) The commission may develop minimum member standards for service on the
license suspension review committee, and standards for terminating a member
before the expiration of his or her term.
(3) The license suspension review committee must convene and make a final
decision on a license renewal suspension within three months of referral from
the department.
(4) The license suspension review committee shall collect the information
and hear the testimony that it feels necessary to decide on the proper length,
if any, of a suspension of a commercial license. The decisions may be based on
extenuating circumstances presented by the individual convicted of the
qualifying commercial fishing violation or considerations of the type and
magnitude of violations that have been committed by the individual. The maximum
length of any suspension may not exceed one year.
(5) All decisions of the license suspension review committee must be
decided by a majority vote of all voting members. Alternate committee members
may only vote when one of the voting members is unavailable, has been recused,
or has decided not to vote on the case before the committee. Nonvoting
alternates may be present and may participate at all license suspension review
committee meetings.
(6) All decisions of the license suspension review committee are final,
except for judicial review.
(7) Members of the license suspension review committee serve as volunteers,
and are not eligible for compensation other than travel expenses pursuant to RCW
43.03.050 and 43.03.060.
(8) Staff of the license suspension review committee must be provided by
the department.

--- END ---


------------------------------------------------------------
THIS ONES FOR GUIDING
_______________________________________________

SENATE BILL 5439
_______________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Jacobsen and Morton; by request of Department of Fish and
Wildlife

Read first time 01/23/2001. Referred to Committee on Natural
Resources, Parks & Shorelines.
AN ACT Relating to fishing guides; and amending RCW 77.65.010,
77.65.150, 77.65.370, 77.65.440, and 77.65.480.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 77.65.010 and 1998 c 190 s 93 are each amended to read
as follows:
(1) Except as otherwise provided by this title, a person may not
engage in any of the following activities without a license or permit
issued by the director:
(a) Commercially fish for or take food fish or shellfish;
(b) Deliver food fish or shellfish taken in offshore waters;
(c) Operate a charter boat or commercial fishing vessel engaged in
a fishery;
(d) Engage in processing or wholesaling food fish or shellfish; or
(e) Act as a {+ fishing +} guide (({- for salmon for personal use -
})) in freshwater rivers and streams, other than that part of the
Columbia river below the bridge at Longview.
(2) No person may engage in the activities described in subsection
(1) of this section unless the licenses or permits required by this
title are in the person's possession, and the person is the named
license holder or an alternate operator designated on the license and
the person's license is not suspended.
(3) A valid Oregon license that is equivalent to a license under
this title is valid in the concurrent waters of the Columbia river if
the state of Oregon recognizes as valid the equivalent Washington
license. The director may identify by rule what Oregon licenses are
equivalent.
(4) No license or permit is required for the production or
harvesting of private sector cultured aquatic products as defined in
RCW 15.85.020 or for the delivery, processing, or wholesaling of such
aquatic products. However, if a means of identifying such products is
required by rules adopted under RCW 15.85.060, the exemption from
licensing or permit requirements established by this subsection applies
only if the aquatic products are identified in conformance with those
rules.

Sec. 2. RCW 77.65.150 and 2000 c 107 s 36 are each amended to read
as follows:
(1) The director shall issue the charter licenses and angler
permits listed in this section according to the requirements of this
title. The licenses and permits and their annual fees and surcharges
are:

License or PermitAnnual FeeGoverning
(RCW 77.95.090 Surcharge)Section

ResidentNonresident

(a) Nonsalmon charter$225$375
(b) Salmon charter$380$685RCW 77.70.050
(plus $100)(plus $100)
(c) Salmon angler$ 0$ 0RCW 77.70.060
(d) Salmon roe$ 95 $ 95RCW 77.65.350

(2) A salmon charter license designating a vessel is required to
operate a charter boat to take salmon, other food fish, and shellfish.
The director may issue a salmon charter license only to a person who
meets the qualifications of RCW 77.70.050.
(3) A nonsalmon charter license designating a vessel is required to
operate a charter boat to take food fish other than salmon and
shellfish. As used in this subsection, "food fish" does not include
salmon.
(4) "Charter boat" means a vessel from which persons may, for a
fee, fish for food fish{+ , game fish, +} or shellfish for personal
use, and that brings food fish or shellfish into state ports or brings
food fish or shellfish taken from state waters into United States
ports. The director may specify by rule when a vessel is a "charter
boat" within this definition. "Charter boat" does not mean a vessel
used by a guide for clients fishing for food fish {+ or game fish +}
for personal use in freshwater rivers, streams, and lakes, other than
Lake Washington or that part of the Columbia River below the bridge at
Longview.
(5) A charter boat licensed in Oregon may fish without a Washington
charter license under the same rules as Washington charter boat
operators in ocean waters within the jurisdiction of Washington state
from the southern border of the state of Washington to Leadbetter
Point, as long as the Oregon vessel does not land at any Washington
port with the purpose of taking on or discharging passengers. The
provisions of this subsection shall be in effect as long as the state
of Oregon has reciprocal laws and regulations.
(6) A salmon charter license under subsection (1)(b) of this
section may be renewed if the license holder notifies the department by
May 1st of that year that he or she will not participate in the fishery
during that calendar year. The license holder must pay the one
hundred-dollar enhancement surcharge, plus a fifteen-dollar handling
charge, in order to be considered a valid renewal and eligible to renew
the license the following year.

Sec. 3. RCW 77.65.370 and 1998 c 190 s 98 are each amended to read
as follows:
(1) A {+ natural +} person shall not offer or perform the services
of a professional (({- salmon -})) {+ fishing +} guide in the taking of
(({- salmon -})) {+ game fish and food fish +} for personal use in
freshwater rivers and streams, other than in that part of the Columbia
river below the bridge at Longview, without a professional (({- salmon
-})) {+ fishing +} guide license.
(2) Only an individual at least sixteen years of age may hold a
professional (({- salmon -})) {+ fishing +} guide license. No
individual may hold more than one professional (({- salmon -})) {+
fishing +} guide license.
{+ (3) The director may specify by rule the requirements for
identifying boats engaged in guiding and other requirements considered
necessary for public safety. +}

Sec. 4. RCW 77.65.440 and 2000 c 107 s 55 are each amended to read
as follows:
The director shall issue the personal licenses listed in this
section according to the requirements of this title. The licenses and
their annual fees are:

Personal LicenseAnnual Fee Governing
(RCW 77.95.090 Surcharge)Section

ResidentNonresident

(1) Alternate Operator$ 35$ 35RCW 77.65.130
(2) Geoduck Diver$185$295RCW 77.65.410
(3) (({- Salmon Guide -}))(({- $130 -}))(({- $630 -}))RCW 77.65.370
{+ Fishing Guide +}{+ $175 +}{+ $620 +}
(plus $20)(plus $100)


Sec. 5. RCW 77.65.480 and 1991 sp.s. c 7 s 4 are each amended to
read as follows:
(1) A taxidermy license allows the holder to practice taxidermy for
profit. The fee for this license is one hundred eighty dollars.
(2) A fur dealer's license allows the holder to purchase, receive,
or resell raw furs for profit. The fee for this license is one hundred
eighty dollars.
(3) (({- A fishing guide license allows the holder to offer or
perform the services of a professional guide in the taking of game
fish. The fee for this license is one hundred eighty dollars for a
resident and six hundred dollars for a nonresident.
(4) -})) A game farm license allows the holder to operate a game
farm to acquire, breed, grow, keep, and sell wildlife under conditions
prescribed by the rules adopted pursuant to this title. The fee for
this license is seventy-two dollars for the first year and forty-eight
dollars for each following year.
(({- (5) -})) {+ (4) +} A game fish stocking permit allows the
holder to release game fish into the waters of the state as prescribed
by rule of the commission. The fee for this permit is twenty-four
dollars.
(({- (6) -})) {+ (5) +} A fishing or field trial permit allows the
holder to promote, conduct, hold, or sponsor a fishing or field trial
contest in accordance with rules of the commission. The fee for a
fishing contest permit is twenty-four dollars. The fee for a field
trial contest permit is twenty-four dollars.
(({- (7) -})) {+ (6) +} An anadromous game fish buyer's license
allows the holder to purchase or sell steelhead trout and other
anadromous game fish harvested by Indian (({- fishermen -})) {+ fishers
+} lawfully exercising fishing rights reserved by federal statute,
treaty, or executive order, under conditions prescribed by rule of the
director. The fee for this license is one hundred eighty dollars.

--- END ---

Cowlitz, my earlier post really had nothing to do with this question, my mistake.

On this question, it seems they can...
like everybody has mentioned the Quinalt tribes do it. I'm guessing that the allotment comes from the tribes ......

Maybe we can call the Quinalt tribe and ask or talk to NOAA.

Okay, since Grandpa brought me up, I feel I must respond. The Boldt decision is the law of the land and like any law it can be changed. However, because the underlying foundation of the Boldt decision is the treaties, it becomes very difficult to change. When both parties to a treaty have standing before American courts, it requires both parties agreement to change it. My guess is that the tribes will not agree to changes that will be to their disadvantage.

In regards to CFM's original question - I would ask another question. When a non-tribal guide takes a client out and catches 2 fish are those fish counted against the commercial take or the sports take? My guess is that it counts against the sports take because the instrument of recording the catch is the punchcard - not a fish landing ticket. I think this is another interesting question and a good arguement could be made that these fish should count against the commercial allocation. Of course, that would only apply to salmon. When you fish the Quinault or the Salmon with an Indian guide you are not required to record the catch on your punchcard and therefore I believe the fish do not count against anyones allocation. BTW, I always record anyway because if I'm checked off reservation, it might be a very interesting conversation with the enforcement officer about why I have non-punched fish!! To each their own.

Interesting thread. I would be even more interested in finding out the qty. of fish that we are talking about - both Indian guides and non-tribal guides. And my esteemed colleague Grandpa is correct, GET INVOLVED. With organizations, political parties, etc. Even if it is just voting (so many don't). If you care, you can't sit on the sidelines. That is why even though I may disagree with Grandpa and CFM from time to time, they have earned my respect because they walk the talk.

At the risk of starting a flamefest......

The "minorities" that get treated differently than the "majority" and get special priviledge (i.e., 3% of population getting 50% of game) is due to nothing more than the Demasculation of America...... We left our "balls" at the counter a long time ago.
A lot of this may be law, but it still is BS, and should have been stopped in its tracks a long time ago.
Equality is not just for minorities, it should be for everyone..... What makes it right for a group (minority) to receive special rights/priviledges when another group does not? Racial inequality is wrong period. We are ALL Americans, we should all be EQUAL!!!!
We can't fish, the indians cant fish.... Period!
BTW, I noticed that crabbing in 8.1 and 8.2 is over in mid-August??? May to August...... But commercial and tribes still crabbed.... Stupid.

MC

MC, there are a lot of things that I wish for. I should be better looking, taller, skinnier, etc, etc, etc. 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. Live with it, work with the Tribes, but if you take the attitude that is expressed in your post - well it reminds me of the old saying - "Wish in one hand and s**t in the other, see which one fills up first"

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."
====================================

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

Aunty

The point is this:

We need to change our laws if we want to continue to have a productive fishery for sport fishermen. It's the "double standards" that are on our state books that are guiding the down fall of our states fishery!

Nothing, I repeat nothing will ever change until we change the rules that are guiding our rule makers and framing their decisions. I am not against the tribes, nor am I against the people who guide for a living! That's what I did and I have no regrets. Some of my questions were about "quotas", and some are about contradicting laws and rules that are guiding our decision makers.

I have no problem with the Indians guiding, but I do a problem with how our law is written! The way it reads to me now, it’s a double standard! Don't forget that I worked on a special committee when the WDF &WDG made the switch over to WDFW. For months we all went to meeting along with a group of state attorneys and tried to combine the RCW together to correct many of the problems that we are now seeing. Apparently we didn't achieve what we originally had set out to do.

If enough people can see the hypocrisy that remains, it just might be possible to get some of these stupid laws changed. Change is what is now needed to correct our fishing problems and I will continue to do my best to inform the people of what I believe needs to be changed. It's mainly because of these stupid laws that our recovery efforts and sport fishing opportunities continued to be misdirected.

I hope this answers your question! There are no surprises laying in the dark. . . well, maybe just one or two!


Cowlitzfisherman