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30 Ocean L. Memo 1 (1987)

handle is hein.journals/ocoaslme30 and id is 1 raw text is: ( n ar4ggstal Law Center * School of Law University of Oregon * Eugene 97AnA FiOcean La mo July 1, 1987. INDIAN FISHING RIGHTS AND THE KLAMATH RIVER Introduction logical the ext The assertion of tribal fishing fishing rights in the Pacific Northwest has appears resulted in decades of heated litiga- resolvir tion. Court decisions have radically major reallocated salmon resource harvests putes. from ocean commercial and sport fisher- ies to Indian tribes and have been met Legal Cc with only a grudging social acceptance by many of the non-Indian groups in- Lit volved. The fishing rights controversy in the has thus far focused primarily on tribal cated h rights arising under 19th century trea- litigati ties negotiated with tribes living along cific t the Columbia River and in western Wash- River a ington. A less well known fishing has thu rights controversy, however, concerns tribes. the rights of Hoopa and Yurok tribes tribes' living along the Klamath River in north- conseque ern California. by whic are allc The Klamath River supports the sec- of the ond largest chinook salmon run in Cali- this so fornia and produces salmon that comprise are app as much as 25 percent of annual ocean tribes. fishery harvests between Coos Bay, Indian Oregon, and Fort Bragg, California. River Assertion of'full Hoopa and Yurok tribal briefly fishing rights may result in as profound Northwes a salmon harvest reallocation from the ocean fisheries as that seen in the The Columbia River and western Washington. reservat Yet, there are promising signs that or execu Klamath River tribal fishing rights will sive tr be determined, and the salmon harvest vation. reallocated, through peaceful negotia- River ba tion rather than through protracted ever, n litigation, which has elsewhere divided that exp fishing communities. This memo will al right review the legal, regulatory, and bio- reservat 1 For a more detailed review of Northwest fishing r Memo Issues 13, 15, 18; Coastal Law Memo Issue 4. issues involved in determining ent of the Klamath River tribes' rights and why negotiation to be capable of successfully ng one of the Pacific Northwest's salmon fishery allocation dis- ontext igation of tribal fishing rights Northwest has a long and compli- istory. For the most part, the on has primarily concerned spe- :eaty rights of certain Columbia nd western Washington tribes and s excluded the Klamath River Indeed, the Klamath River noninvolvement has important nces for determining the methods h Klamath River salmon harvests cated today. Nevertheless, many legal principles developed in mewhat fact-specific litigation licable to the Klamath River To understand the nature of fishing rights on the Klamath it is therefore necessary to review relevant portions of the t fishing rights litigation.1 act of establishing an Indian ion, whether by treaty, statute, utive order, reserves an exclu- bal right to fish on the reser- The tribes of the Columbia sin and western Washington, how- egotiated a series of treaties ressly reserved additional trib- ts to fish at traditional off- ion locations.3 In particular, ights litigation, see Ocean Law See, e.g., Menominee Tribe v. United States, 391 U.S. 404 (1968). See United States v. Winans, 198 U.S. 371 (1905). ISSUE 30 2 3

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