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Indian Fishing Rights, Forestry, and Phase II of the Boldt Decision

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Abstract:

Federal court decisions are defining Indian treaty fishing rights in the Pacific Northwest. The most recent decision says that the federal and state governments and the tribes have an obligation to take reasonable steps to protect the salmon and steelhead trout fishery. This decision, which affirms a treaty right to environmental protection, has significant implications for the timber industry. Indian tribes may now challenge state-authorized forest practices, as well as state and federal timber sales, whenever they cause unreasonable damage to the anadromous fish habitat. What kind of forest practices cause unreasonable damage will be defined by future court decisions and by negotiations with the tribes.

Document Type: Journal Article

Affiliations: Legislative Assistant to Slade Gorton, U.S. Senator from Washington State

Publication date: 1983-12-01

More about this publication?
  • The Journal of Forestry is the most widely circulated scholarly forestry journal in the world. In print since 1902, the Journal has received several national awards for excellence. The mission of the Journal of Forestry is to advance the profession of forestry by keeping forest management professionals informed about significant developments and ideas in the many facets of forestry: economics, education and communication, entomology and pathology, fire, forest ecology, geospatial technologies, history, international forestry, measurements, policy, recreation, silviculture, social sciences, soils and hydrology, urban and community forestry, utilization and engineering, and wildlife management. The Journal is published bimonthly: January, March, May, July, September, and November.

    2015 Impact Factor: 1.476
    Ranking: 22 of 66 in forestry

    Average time from submission to first decision: 39.6 days*
    June 1, 2016 to Feb. 28, 2017

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