The "right to harvest an equal share" from the Boldt decision comes along with the right to use any method, within reason, to harvest that equal share. The state tried, with absolutely no success, to limit tribal harvest to traditional tribal methods. Not only did the state get a stern lecture from the court for being a poor loser, they paid the tribes' attorneys fees for trying that argument.
A possible reason for the tribes' reluctance to support BAN could be that: 1) commercial fishermen (non-tribal) pay a lot of taxes and license money that does make its way to hatcheries and habitat improvements, 2) no commercial fishermen means none of this money gets there, and 3) less money means less fish.
Tribes get half the fish, regardless of their origin. Both tribes and the state put a lot of fish into the river systems, and less fish overall means less for the tribal nets. I guess it also couldn't hurt them politically to side with commercial netters and maybe earn a favor or two that they could cash in on later, since commercial netters obviously have some serious political pull in this state of ours.
By far the best way to commercially harvest salmon is fish traps. You put the trap across the river, catch everything, then release unharmed the non-target species. There would be virtually no bycatch of depressed fish, birds, seals, skin divers, whatever. The problem is that the money derived from such a fishery would have to be divided up among a tribe's fishermen, since everyone can't have a fish trap on the same river. Big Frank over at the NWIFC doesn't think that's a good idea, so it doesn't happy. He feels that the fishermen should all go out and fish and everyone should reap the rewards of their labor. I can see the appeal behind that idea, but it results in all kinds of fish, other than the targets, being netted and killed.
Since the state can't regulate methods, and nets work best to catch fish and give individual fishermen their just rewards, that's what we'll continue to see.
By the way, does anyone know how the Muckleshoots did out in Elliot Bay?
Fish on...
Todd.
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Team Flying Super Ditch Pickle