Accommodation of Indian Treaty Rights in an International Fishery: An International Problem Begging for an International Solution

Authors

Kenneth E. Petty

Abstract

This comment will analyze the relative success of the various approaches taken to implement Indian treaty rights in the international fishery. It will discuss the domestic litigation resulting from these approaches and will identify the key legal issues involved. Finally, it will suggest possible means of resolving the dilemma in which the United States currently finds itself. By providing an appreciation of both the scientific complexities of managing this valuable resource and the limitations on unilateral judicial efforts in the United States, it will become apparent that the solution to this sensitive problem rests not in unilateral, but in cooperative United States-Canadian efforts. Only through diplomatic negotiations can we be assured that these recently resurrected Indian treaty rights will be accommodated in harmony with the conservation and enhancement of the salmon resource. It is hoped that the two national governments will come to realize the role of cooperation and act to avoid imposing upon the resource and its beneficiaries the futility of future summers in court.

First Page

403

Recommended Citation

Kenneth E. Petty, Comment, Accommodation of Indian Treaty Rights in an International Fishery: An International Problem Begging for an International Solution, 54 Wash. L. Rev. 403 (1979).
Available at: https://digitalcommons.law.uw.edu/wlr/vol54/iss2/7