Fly Fishing Forum - View Single Post - A new negotiating stance!!!!!
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Old 05-04-2003, 12:55 AM
flytyer flytyer is offline
Pullin' Thread
Join Date: Jun 2002
Location: NW Washington
Posts: 3,346

I have not received anything from the Park Serviece to date despite having responded to their request for input. Those of us who do not live on the Peninsula may not get the regulations package, although I do desire for all of us who responded to receive same from the Park Service.

The argument about foregone opportunity is so maddening because Bolt very clearly on said that the treaty tribes (and not all treaty tribes, only those who had federal recognition intake at the time of the decision) were entitiled to 1/2 of the harestable number of salmon and steelhead. This means on its face that the treaty tribes cannot increase their harvest number simply because sportsfishers C&R. The language is very clear on the 1/2 of harvestable fish number, not more if another user group does not harvest the other half.

It seems that the WDFW attornerys are worried that if it enacts C&R for wild fish on all rivers, one or more of the treaty tribes will file suit or threaten to file suit to harvest more fish because of foregone opportunity, and that this would result a new round of court battles for years. I have a very strong sense that none of the treaty tribes wants to have Bolt reopened, which such a suit would do. As a means to bolster my suspician of the tribes not wanting Bolt reopened, look at how all the treaty tribes filed friend of the court briefs in opposition to the Samish Tribe's (which has lost its federal recognition at the time of the Bolt decision) attempt to be declared a treaty tribe with fishing rights under Bolt.
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