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United States v. Washington
''United States v. Washington'', 384 F. Supp. 312 (W.D. Wash. 1974), aff'd, 520 F.2d 676 (9th Cir. 1975), commonly known as the Boldt decision (from the name of the trial court judge, George Hugo Boldt), was a 1974 case heard in the United States District Court for the Western District of Washington and the United States Court of Appeals for the Ninth Circuit. It reaffirmed the reserved right of American Indian tribes in the State of Washington to act alongside the state as co-managers of salmon and other fish, and to continue harvesting them in accordance with the various treaties that the United States had signed with the tribes. The tribes of Washington had ceded their land to the United States but had reserved the right to fish as they had always done, including fishing at their traditional locations that were off the designated reservations.
Over time, the state of Washington had infringed on the treaty rights of the tribes despite losing a series of court cases on the issue. Those cases provided the Indians a right of access through private property to their fishing locations, and said that the state could neither charge Indians a fee to fish nor discriminate against the tribes in the method of fishing allowed. Those cases also provided for the Indians' rights to a fair and equitable share of the harvest. The Boldt decision further defined that reserved right, holding after a long trial in 1974 that the tribes were entitled to half the fish harvest each year.
In 1975 the Ninth Circuit Court of Appeals upheld Judge Boldt's ruling and the U.S. Supreme Court declined to hear the case. After the state refused to enforce the court order, Judge Boldt ordered the United States Coast Guard and federal law enforcement agencies to enforce his rulings. On July 2, 1979, the Supreme Court rejected a collateral attack on the case, largely endorsing Judge Boldt's ruling and the opinion of the Ninth Circuit. In ''Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n'', Justice John Paul Stevens wrote that "()oth sides have a right, secured by treaty, to take a fair share of the available fish."〔''Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n'', 443 U.S. (658 ), 684–85 (1979).〕 The Supreme Court also endorsed Boldt's orders to enforce his rulings by the use of federal law enforcement assets and the Coast Guard.
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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