Washington Law Review


The Washington Supreme Court held in Puget Sound Gillnetters Association v. Moos that the State Director of Fisheries did not have authority to issue regulations required by a federal court order guaranteeing treaty Indians the opportunity to catch specific percentages of various salmon runs. After attempting to act in the face of conflicting interpretations of his powers, the Director eventually bowed to the state court's determination and refused to promulgate the regulations. To implement its order, the federal court assumed control of the Washington salmon fisheries. This conflict between the federal and state court decisions raises two general questions. The first involves the validity of state-imposed limitations on the power of state officers which interfere with the enforcement and protection of federal rights. The second involves the scope of the federal judiciary's power to order state officers to perform affirmative acts.

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