The Nisqually Tribe and Indian Fishing Rights

 

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Legislation


In 1871 Congress passed the Approbation Act, which ended the period of dealing with Indian tribes as separate nations, and mandated that the United States honor all terms of all treaties signed with Indian tribes.


The1942 case, Tulee v. Washington established that the state has no right to restrict on-reservation fishing, but is within its jurisdiction when imposing regulations on off-reservation fishing, with the exception of charging for licenses.

description of case- http://www.ccrh.org/comm/river/legal/tuleest.htm


In 1968, the Puyallup tribe v. Washington State Dept of Game case, also known as the Puyallup I decision, was decided. Here, the court stated that charging Indian fishermen for licenses wasn’t necessary for the goal of conservation, but otherwise imposing "reasonable and necessary” restrictions on Indian fishermen were within the state’s jurisdiction.

description of case-

http://www.ccrh.org/comm/river/legal/puyallup.htm

map including the Nisqually Indian Reservation and the Nisqually River.