Boldt Decision

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United States v. Washington, 384 F.Supp 312 (W.D. Wash. 1974) better known as the Boldt Decision, was a controversial 1974 court case which, in effect, granted the right to half of the annual salmon and steelhead harvestable surplus (not simply half of the annual catch) in Washington to Native American tribes which had signed treaties with the U.S. government in the 1850s.

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 harvestable surplus.

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.

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.