The histories of the treaties, Indian law, and legal decisions pertaining to Indian fishing and resource rights

Many white sport fisherman claim that Northwest Indian Tribes enjoy a “special right” when it comes to salmon fishing. The tribes do not have to abide by state laws that limit seasons or restrict gear. Moreover, the tribes have control of 50% of the annual salmon returning to the Northwest to spawn, and they can harvest as many or as few of the salmon within that 50% allocation as they choose. Paying attention to the histories of the treaties, Indian law, and legal decisions pertaining to Indian fishing and resource rights, answer the following questions: Why are the tribes responsible for managing 50% of the salmon? Why don’t the tribes have to abide by state game laws? And, do the tribes enjoy a special right when it comes to salmon fishing?

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