What are the implications of a federal court finding that a state's fishing regulations violate federal treaty rights?

The district court found that Washington could not apply its existing fishing regulations to members of the treaty tribes without violating their federal treaty rights. The court held that the state could enforce only those regulations necessary for conservation, decreed an allocation of fishing opportunity between treaty Indians and other citizens, ¹ and retained continuing jurisdiction to provide advance judicial scrutiny of all future state regulations affecting Indian treaty fishing rights. United States v. Washington, 384 F.Supp. 312 (W.D.Wash.1974). Both sides appealed. ² We affirm and remand.

Historical Background