on Baines
dian Civil Rights
of Rights in the
ution. The Indian
g other laws,
vernments respect
hts of both
ves.
g an arrest of
a fish-in, the
vs. Washington
trust responsibility,
argued against the
n behalf of the
rights.
ral Judge George
ntitling tribes
n 50 percent of
bling the tribes
of the state in
and protection of
decision forced
on to limit fishing
ecame known as
arter committee
ntatives from
develop a
west Indian
. The Constitution
ded to develop
fisheries
management
programs
to protect
treaty rights,
track fishing,
create a
forum,
develop working relationships with
agencies and non-Indians and improve
public understanding of
fishing rights.
1975
The Ninth Circuit Court of
Appeals upheld Judge Boldt’s ruling.
July 2, 1979
The U.S. Supreme Court
upheld the Boldt Decision ensuring that
Native Americans, with the exception
of severe conservation issues, could not
be limited by the state as to where they
could fish.
The Significance of the Boldt Decision
The effects of the Boldt Decision
are widespread and long-lasting,
with the overarching result being
that tribes in Washington state were
empowered with the tools to handle
their affairs and act as co-managers of
salmon and other fish, as opposed to
continually fighting for fishing rights
in isolated disagreements and trials.
The treaties of the 1850s that had
reserved fishing rights on traditional
locations off reservations had been lost
to commercial and sport fisherman.
After the Boldt Decision, non-Native
American commercial and sport
fisherman were limited in their ability to
fish. Tribes were then able to focus on
habitat protection and restoration.
The Makah Indian Nation
A local effect
of the Boldt
Decision
rippled within
the Makah
Indian Nation
in Neah Bay,
Washington.
Within the Makah tribe, many songs,
dances, rituals and ceremonies centered
on the whale hunt, making whaling an
integral part of the Makah’s culture.
The Makah had also reserved the right
to hunt whales after the 1855 treaty of
Neah Bay. However, this practice was
continually threatened by commercial
whalers. In 1946, an agreement by
the International Whaling Commission
essentially made whaling illegal,
threatening the Makah’s way of life.
Beginning in 1994 when the gray whale
was removed from the endangered
species list, the Makah planned to
resume whaling. Their decision was
met with much
controversy
causing the
Makah to look
internationally
for support.
In Russia
the Chukchi
indigenous people had a quota for
whale catching. The Makah were
essentially able to borrow from Russia’s
whale-catching quota to continue
whaling. On May 17, 1999, the Makah
resumed whale hunting. This decision
both benefitted the Makah and was
an inspiration of collaboration of
indigenous peoples.
Tribes throughout the United States
also looked to the Boldt Decision
for inspiration. Both Michigan and
Wisconsin tribes used the Boldt
Decision to establish co-management of
fisheries within state government. Even
tribes as far away as the Maori of New
Zealand referred to the Boldt Decision
in their fisheries management.
Resources:
historylink.org
makah.com/makah-tribal-info/whaling/
Artwork by Louie Gong (left, middle right and right)
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