12 Envtl. L. 469 (1981-1982)
United States v. Washington (Phase II): The Indian Fishing Conflict Moves Upstream

handle is hein.journals/envlnw12 and id is 479 raw text is: CASENOTE
UNITED STATES v. WASHINGTON (PHASE II):
THE INDIAN FISHING CONFLICT MOVES
UPSTREAM
By
PETER C. MONSON*
I. INTRODUCTION
In 1854 and 1855 the Northwest Indian tribes and the federal
government entered into treaties, each of which provided that
[t]he 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 .   . .I The tribes also reserved the
exclusive right to take fish in the streams running through or
bordering their reservations.2 For three-quarters of a century the
reservation of fishing rights has spawned litigation. The latest
episode is United States v. Washington (Phase II).
* Student, Northwestern School of Law of Lewis and Clark College; B.A.
1979, Williams College.
1. See Treaty of Medicine Creek, December 26, 1854, art. III, 10 Stat. 1132.
The other treaties negotiated by Stevens were: Treaty with the Flathead, July 16,
1855, 12 Stat. 975; Treaty with the Qui-nai-elts, July 1, 1855, 12 Stat. 971; Treaty
of Olympia, July 1, 1855, 12 Stat. 971; Treaty with the Indians in Middle Oregon,
June 25, 1855, 12 Stat. 963; Treaty with the Nez Perc6, June 11, 1855, 12 Stat.
957; Treaty with the Yakimas, June 9, 1855, 12 Stat. 951; Treaty with the Walla
Walla, Cayuse, and Umatilla, June 9, 1855, 12 Stat. 945; Treaty of Neah Bay,
January 31, 1855, 12 Stat. 939; Treaty of Point No Point, January 26, 1855, 12
Stat. 933; and Treaty of Point Elliot, January 22, 1855, 12 Stat. 927.
2. Treaty with the Walla Walla, Cayuse, and Umatilla, June 9, 1855, art. 1, 12
Stat. 945.
3. See, e.g., United States v. Winans, 198 U.S. 371 (1905); United States v.
Washington (Phase I), 384 F. Supp. 312 (W.D. Wash. 1974), aff'd, 520 F.2d 676
(9th Cir. 1975), cert. denied, 423 U.S. 1086 (1976), substantially aff'd sub nor.,
Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, 443
U.S. 658 (1979).
4. 506 F. Supp. 187 (W.D. Wash. 1980), appeal docketed, No. 81-3111 (9th
Cir. Feb. 18, 1981).

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