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Encyclopedia > Boldt Decision

United States v. Washington, better known as the Boldt Decision, was a controversial 1974 court case which, in effect, granted the right to half of the annual salmon harvest in Washington to Native American tribes which had signed treaties with the U.S. government in the 1850s. 1974 (MCMLXXIV) was a common year starting on Tuesday. ... This article or section does not cite its references or sources. ... Official language(s) None Capital Olympia Largest city Seattle Area  Ranked 18th  - Total 71,342 sq mi (184,824 km²)  - Width 240 miles (385 km)  - Length 360 miles (580 km)  - % water 6. ... An Aani (Atsina) named Assiniboin Boy. ... ... // Events and Trends Technology Production of steel revolutionised by invention of the Bessemer process Benjamin Silliman fractionates petroleum by distillation for the first time First transatlantic telegraph cable laid First safety elevator installed by Elisha Otis Science Charles Darwin publishes The Origin of Species, putting forward the theory of evolution...


U.S. District Judge George Boldt's ruled that the phrase "in common with," which is used in the treaties, meant that Indians were entitled to half of the annual fish catch. Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ...


He determined that the treaties -- agreements to move tribes to reservations to make way for white settlers -- reasserted Indian rights to half of the salmon harvests in perpetuity.


For example, the Treaty of Medicine Creek (1854) includes the following language: "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 this, or very similar, language. 1854 (MDCCCLIV) was a common year starting on Sunday (see link for calendar). ... Isaac Ingalls Stevens (March 25, 1818 - September 1, 1862) was the first governor of Washington Territory, and served as a brigadier general in the Union Army during the Civil War until his death at the Battle of Chantilly. ...


Of this, Judge Boldt wrote: "By dictionary definition and as intended and used in the Indian treaties and in this decision, 'in common with' means sharing equally the opportunity to take fish ... therefore, non-treaty 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."


The decision was the culmination of years of protests and illegal fishing by Native American activists, especially Bob Satiacum. It was immediately met with shock and outrage by non-Native fishermen, but the ruling has held for more than 30 years. Robert (Bob) Satiacum (1929-1991) was Puyallup tribal leader, and an advocate of native treaty fishing rights. ...


  Results from FactBites:
 
Cultural Survival (2475 words)
Boldt ruled that, under the terms of 1854-56 treaties, certain Indian groups had retained title to 50 percent of the western Washington State salmon resource.
Rather than returning fish to traditional Indian river and inshore fisheries, the Boldt Decision appears to be encouraging the creation of a wealthy class of offshore, capital-intensive, treaty-tribe fishermen who are intercepting much of the resource before it reaches the traditional estuary and river fisheries of the tribes.
In his 1974 ruling, Boldt concluded that the state could regulate 50 percent of the salmon fishery, and that the other 50 percent would be managed by the 14 separate tribal entities (later expanded to 20 tribal entities).
Docket No. 12351 (3765 words)
Boldt testified that only three of his employees had sustained time loss injuries: one man was off "maybe four months" in 1967 with a broken arm; another was off one day in 1971 (actually injured off the job he thought); and a third employee was off 23 days in 1973 with an injured hand (Tr.
Boldt, Area Director Kurtz came to the theatre jobsite after the citation was issued and met with him and Superintendent Prine.
Boldt related that the area director had not idenitified himself on his first visit but indicated during the conference held [*11]   after the citation was issued that Respondent could have been cited previously on the basis that "I saw some violations then" (Tr.
  More results at FactBites »


 
 

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