Landmark salmon decision left a legacy of science

TULALIP — Before the landmark Boldt decision in 1974, tribal anglers had fished alongside non-Indian fishermen for years.

Tulalip tribal leader Stan Jones said he counted many of those fishermen among his friends.

“Once we started lobbying for the tribal fishing rights, they turned against us,” Jones wrote in his 2010 book, “Our Way: Hoy yud dud.

“I had a non-Native fisherman break my window out of my boat with a machete, where glass flew in on my wife JoAnn while she was in the bunk.”

Forty years ago Wednesday, federal Judge George Boldt ruled that an original treaty clause — which said tribes could take fish “in common with” non-Indians — meant that tribes were entitled to a 50-50 split.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The decision pitted American Indian and non-Indian anglers, particularly commercial fishermen, at the time, and made for tense relationships for years to come.

On the other hand, the ruling forced tribes and the state to develop new methods for counting, monitoring and managing fish, said Ray Fryberg, Tulalip cultural and natural resources director.

In the early 1970s, Fryberg was in his early 20s, working for the tribal fishery. As he took on more responsibility, he participated in the scientific makeover of fisheries management.

As time went on, tensions eased and the state and tribes have been using those methods to work together to try to save declining salmon runs, Fryberg said.

“It took a lot of effort to focus on co-management,” he said. “We said, ‘Let’s not focus on negative energy, let’s get together and focus our energy on good things for salmon management and resources and the environment.’”

Despite the fading of ill will, not everyone is a fan of the Boldt decision.

On the anniversary of the ruling, “I will fly my flag at half-mast because that’s when I became a second-class citizen,” said Bob Heirman, of Snohomish, secretary treasurer of the Snohomish Sportsmen’s Club.

Heirman, 81, said he harbors no hard feelings toward the tribes. He applauds them for their environmental work. He simply believes the Boldt decision was impractical from the beginning.

“It doesn’t work,” he said. “It never did work. If you can divide the fish in the ocean, you’re really good. Only God can divide them.”

While the catch proportion can fluctuate wildly, it can be roughly measured and tends to even out over time, said Pat Pottillo, a special assistant to the director of the state Department of Fish and Wildlife.

In the years after Boldt, the state and tribes had to first agree on how many fish were present to help determine catch percentages, he said. Pottillo started working for the department in 1978, tagging fish in the Skykomish River, he said.

The parties had to agree on run sizes and spawning rates, among other factors, to arrive at harvestable numbers of fish, Pottillo said.

“The changes were coming fast,” he said. “We fought over that stuff regularly.”

The Boldt decision led to the Puget Sound Salmon Management Plan, a blueprint for managing fish stocks. The Department of Fish and Wildlife staff grew, with inspectors, scientists and others jokingly called “Boldt babies,” Pottillo said.

In the 1970s and early ’80s, most of the fish taken by non-Indians in Puget Sound were caught by commercial boats, he said. Enforcement was based in large part on field checks of commercial and tribal operations.

Now, commercial fisheries have mostly left Puget Sound for the open ocean and the issue is tribal catch versus sport takes, Pottillo said.

With reduced staff levels at the state, the emphasis has shifted to the honor system of reporting, both for tribes and recreational anglers, he said.

Having it come out to 50-50 is a tough thing to happen consistently, but localized seasons, openings and closures are used to help balance it out, Potillo said.

There’s still some distrust and suspicion between tribal and sport anglers, he said, with each believing the other is underreporting.

Regarding complaints directed at tribes, he said, “I hear it more from individuals and not organized groups.”

Whatever annoyance may remain is nothing compared to the 1970s. In confrontations on the Nisqually and other rivers in south Puget Sound, shots were sometimes fired.

In the years after the decision, Jones wrote, commercial fishermen retaliated by setting their nets close to tribal boats to catch the fish first.

“It escalated to our nets getting run over, fights breaking out and people started to carry guns,” he wrote.

After the decision, more court battles ensued over details of how to implement the ruling, said Mason Morriset, a Seattle attorney who represented the tribes at the time and now handles treaty issues for the Tulalips.

“Stan Jones and Bernie Gobin,” a Tulalip fisherman and tribal leader who died in 2009, “were really major to that effort,” Morriset said. “They helped keep everyone marching the same direction.”

The Tulalips also were instrumental in getting the ruling applied to shellfish, he said.

Fryberg, now 63, said he met Boldt at a meeting in the years after the decision. Boldt died in 1984.

He recalls that Boldt told him, “I prayed and I prayed and I prayed that I would make the right decision.”

“I thought that was really admirable,” Fryberg said.

Bill Sheets: 425-339-3439; bsheets@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

A person walks past Laura Haddad’s “Cloud” sculpture before boarding a Link car on Monday, Oct. 14, 2024 in SeaTac, Washington. (Olivia Vanni / The Herald)
Sound Transit seeks input on Everett bike, pedestrian improvements

The transit agency is looking for feedback about infrastructure improvements around new light rail stations.

A standard jet fuel, left, burns with extensive smoke output while a 50 percent SAF drop-in jet fuel, right, puts off less smoke during a demonstration of the difference in fuel emissions on Tuesday, March 28, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Sustainable aviation fuel center gets funding boost

A planned research and development center focused on sustainable aviation… Continue reading

Dani Mundell, the athletic director at Everett Public Schools, at Everett Memorial Stadium on Wednesday, May 14, 2025 in Everett, Washington. (Will Geschke / The Herald)
Everett Public Schools to launch girls flag football as varsity sport

The first season will take place in the 2025-26 school year during the winter.

Clothing Optional performs at the Fisherman's Village Music Festival on Thursday, May 15 in Everett, Washington. (Will Geschke / The Herald)
Everett gets its fill of music at Fisherman’s Village

The annual downtown music festival began Thursday and will continue until the early hours of Sunday.

Seen here are the blue pens Gov. Bob Ferguson uses to sign bills. Companies and other interest groups are hoping he’ll opt for red veto ink on a range of tax bills. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Tesla, Netflix, Philip Morris among those pushing WA governor for tax vetoes

Gov. Bob Ferguson is getting lots of requests to reject new taxes ahead of a Tuesday deadline for him to act on bills.

Jerry Cornfield / Washington State Standard
A new law in Washington will assure students are offered special education services until they are 22. State Sen. Adrian Cortes, D-Battle Ground, a special education teacher, was the sponsor. He spoke of the need for increased funding and support for public schools at a February rally of educators, parents and students at the Washington state Capitol.
Washington will offer special education to students longer under new law

A new law triggered by a lawsuit will ensure public school students… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.