A story in 5 steps
A fishing right that still holds
What does "in common with" mean today?
Not yet reviewed by the treaty tribes of western Washington.
The treaties of 1854 and 1855
The treaties made in western Washington in 1854 and 1855 reserved the right to take fish at usual and accustomed grounds "in common with the citizens of the Territory."
Treaty of Medicine Creek, 1854Treaty of Point Elliott, 1855Treaty of Neah Bay (Makah), 1855See it on the map
1974, the Boldt decision
United States v. Washington held that the treaties secured the tribes a share of the harvest, not just a place in line.
1979, a fair share
The Supreme Court upheld the right in Washington v. Washington State Commercial Passenger Fishing Vessel Association: a fair share, up to half the harvest.
Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n
2018, the culverts
In the culverts case the courts held that the state had to fix road culverts that blocked salmon, because a fishing right means little without fish.
Today
The treaty tribes co-manage the fisheries of western Washington. The right reserved in 1855 is still exercised.