In 2024, Native American tribes in the United States have significant fishing rights, both on their own reservations and in their traditional fishing areas. These rights were affirmed and expanded through a series of court cases, most notably the landmark 1974 Boldt Decision, which upheld the tribes’ treaty rights to fish in their “usual and accustomed” areas.
The rights of tribal members to hunt and fish on their own reservations have rarely been questioned because states generally lack the power to regulate activities on Indian reservations. Tribes themselves have the right to regulate hunting and fishing on their reservations, whether or not they choose to do so.
However, the Boldt Decision went further, recognizing the tribes’ right to fish in their traditional areas outside of reservation boundaries. The ruling affirmed that the tribes were entitled to up to 50% of the harvestable salmon and steelhead in the rivers and streams where they had historically fished.
Fishing Rights on Reservations
On their own reservations, tribes have broad authority to regulate hunting and fishing. This includes setting seasons, bag limits, and other rules for tribal members. The state generally cannot interfere with these activities.
For example, the Makah Tribe in Washington state has expressed interest in participating in the 2024 Pacific whiting fishery, which is managed by the federal government in cooperation with the tribes.
Fishing Rights in Usual and Accustomed Areas
The Boldt Decision was a major victory for the tribes, but it also led to decades of complex litigation and regulation. The ruling affirmed that the tribes had a right to fish in their “usual and accustomed” areas, which were often outside of reservation boundaries.
This led to disputes over the boundaries of these areas and the allocation of the fish harvest. The state and tribes were ordered to work together as co-managers of the fisheries.
In some cases, the tribes’ fishing rights have been limited by the courts. For example, a recent court ruling in Japan found that the Raporo Ainu Nation does not have an inherent right to freely catch and sell salmon in local rivers, even though they have a right to continue their traditional fishing practices.
However, the Boldt Decision remains a powerful precedent for the tribes’ fishing rights. It has been expanded to include shellfish and has led to orders for the state to remove culverts that block fish migration.
The decision also affirmed that tribal governments are sovereign entities that must be consulted on development plans and other issues that affect their fishing rights.
Overall, the Boldt Decision and subsequent court rulings have given Native American tribes in the United States significant fishing rights, both on and off their reservations. These rights are an important part of the tribes’ cultural and economic well-being, and they continue to be defended and expanded through legal and political means.