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In looking at the U.S. Supreme Court decisions at the end of June, it is heartening to see they are finally abiding by the Constitution and common sense instead of shooting from the hip regarding affirmative action.

If today’s court had been in office in 1974 there would be no such thing as the George Boldt decision giving one percent of the population fifty percent of all harvestable resources from state waters.

The backers of the Boldt decision pointed to the Point Elliot treaty of 1855 giving those rites to native tribes. The Point Elliott Treaty did no such thing. It plainly states in Article 5 that the tribes could fish (in common with all citizens of the territory). [“The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory.” – ed]

Boldt decided that meant one-half and anyone who disagreed, including attorneys and the supreme court justices of the time, were pointed out as racists, as they went along to get along. It didn’t take long for the state to realize that for one percent of the population to catch half the harvestable resources, laws had to be changed. It started with the buyback of all non-­Indian boats, gear and licenses. For the non-Indian who refused to sell, the state cut the length of his season in order to drum him out of business.

In the 50 years since Boldt and the introduction of monofilament nets from Japan allowed in terminal waters such as the Skagit River, all five species of native salmon and steelhead have been wiped out to the point where it is closed to the taking of all except hatchery fish and maybe one humpy a day.

I once asked a Washington State Fish Patrol officer why the wastage law wasn’t enforced when the tribes were fishing chum salmon just for the eggs to sell to Japan for $40 per pound and throwing the carcass on the beach to rot. He said they throw the dead ones on the beach so they don’t foul his net on the next drift and it was their fish so they could do what they wanted with them.

If today’s Supreme Court could rehear the Boldt case, it would be overturned. For any chance to rebuild the Skagit runs, all nets in the river and within 10 miles of the river mouth need to be outlawed regardless of the racist finger-pointing or affirmative action.

Sather, from Mount Vernon, has fished the Skagit River for decades.