The Fish Wars were a series of civil disobedience protests by Native American tribes in the Pacific Northwest region of the United States during the 1960s and 1970s. These protests, coordinated by tribes around the Puget Sound, pressured the U.S. government to recognize fishing rights granted by the Treaty of Medicine Creek. They protested by continuing to fish on their land while risking charges being pressed against them.
Washington Territory, 1879; Nisqually reservation is shaded area on upper right
In 1855, two years after Washington was split from the Oregon Territory, the government of Washington signed various treaties with local tribes to compel natives to move onto reservations. Under the Point No Point Treaty, tribes on the Kitsap and Olympic Peninsulas had most of their land ceded to the United States, but retained rights to their traditional fishing areas. Some tribes resisted the loss of their farmland, leading to a series of armed skirmishes known as the Puget Sound War. By the end of the conflict, and for the next several decades, most of the treaties were largely forgotten or routinely ignored.
In 1916, the city of Tacoma donated 60,000 acres of land to the United States Army to build Fort Lewis. Two-thirds of the land came from the Nisqually reservation, including several miles of the Nisqually River.[1] To preserve some of his traditional fishing areas, one of the residents of the reservation, Willy Frank Sr., bought a six-acre plot on the Nisqually River from Winthrop "Wint" Humphrey Bennett for $50 and moved his family to what would eventually be known as "Frank's Landing". For this act Willy Frank Sr. bestowed upon Winthrop the title of 'White Eagle.'[2]
In 1937, a federal court granted a petition to prevent the state of Washington from interfering with native fishing rights, but there was no enforcement of the decision. Local authorities continued to police the water and issue citations and arrests.
In 1945, Willy Frank's 14-year-old son, Billy Frank, Jr., was arrested for fishing off reservation.[2] This would prove to be the first of many confrontations between the younger Frank and state authorities. Before selling 'Frank's Landing,' to Will Frank Sr., Winthrop Bennett would disallow authorities trespass through his land as they attempted to cite and remove Nisqually nets, requiring a warrant. In such time as it took to acquire a warrant, Winthrop would warn the Nisqually to remove their nets. And for this act of aiding the Nisqually and Willy Frank Sr., Fort Lewis condemned the Bennett property for which Winthrop, his two sons John and Sam along with his daughter Sissy left the Nisqually River Valley, friends and neighbors, which included the Bragets and Brown families.
In 1957, the Washington Supreme Court was split 4–4 on the issue regarding the arrest of Robert Satiacum, a Puyallup and Yakima man, for fishing steelhead with fixed gill nets out-of-season. Although a treaty had guaranteed Native people in the region the right to fish in their traditional ways, this arrest, and the others that occurred at the time, showed that the rights of the Natives had not been upheld or protected. Since the case was settled in the lower courts, and the judges found Satiacum guilty, the state was allowed to make decisions regarding the fishing and hunting of Native Americans.[3]
The Fish Wars were a series of civil disobedience protests in the 1960s and '70s in which Native American tribes around the Puget Sound pressured the U.S. government to recognize fishing rights granted by treaties including the Treaty of Medicine Creek. A series of fish-in demonstrations in the Pacific Northwest, that started in 1963, grew to attract celebrity participation and national media attention before the US Federal Government intervened to sue the state of Washington. The 1974 decision in United States v. Washington was upheld by the US Supreme Court in 1979.
Background
In 1916, the city of Tacoma donated 60,000 acres of land to the United States Army to build Fort Lewis. Two-thirds of the land came from the Nisqually reservation, including several miles of the Nisqually River. On the local level, at Frank's Landing on the Nisqually River, court cases proceeded on Native Americans rights to the land as well as a dramatic and decisive battles where a community sought to preserve some of his traditional fishing areas. One of the residents of the reservation, Willy Frank Sr., bought a six-acre plot on the Nisqually River from Winthrop "Wint" Humphrey Bennett for $50 and moved his family to what would eventually be known as "Frank's Landing." For this act, Willy Frank Sr. bestowed upon Winthrop the title of 'White Eagle.'[4]
In 1937, a federal court granted a petition to prevent the state of Washington from interfering with native fishing rights, but there was no enforcement of that decision. Local authorities continued to police the water and game wardens issued citations and made arrests.
In the 1940s and 1950s the Nisqually Tribe were restricted to fishing in ever-shrinking areas or risked being arrested or having their gear confiscated and held for months, which would ruin their chances of making a living. The only truly safe place for the tribes to fish was on their reservations, where state officials had no jurisdiction.[4]
In 1945, Willy Frank's 14-year-old son, Billy Frank, Jr., was arrested for fishing off reservation. This would prove to be the first of many confrontations between the younger Frank and state authorities. Before selling 'Frank's Landing,' to Will Frank Sr., Winthrop Bennett would disallow authorities to trespass through his land as they attempted to cite and remove Nisqually nets, requiring a warrant. In such time as it took to acquire a warrant, Winthrop would warn the Nisqually to remove their nets. And for this act of aiding the Nisqually and Willy Frank Sr., Fort Lewis condemned the Bennett property for which Winthrop, his two sons John and Sam along with his daughter Sissy left the Nisqually River Valley, friends, and neighbors, which included the Bragets and Brown families.[4]
By the early 1960s, state enforcement officials openly ignored the ruling and made numerous arrests, as well as confiscated boats and fishing equipment. This bleak situation in the early 1960s grew even worse in 1963 when Walter Neubrech, the head of the enforcement division of the Department of Game, provided a clear example of the negative image of Native Americans being put forward in the media. A Seattle Times article portrayed natives as the enemy in no uncertain terms. With a headline titled “Skagits on the Warpath?”[4] the article printed claims by Neubrech that his enforcement officers had been shot at and threatened, and quoted him as saying, “They [the Indians] have been crowding us.”[4] It reported a December incident in which two Native Americans had been caught illegally fishing on the Skagit River, having caught both steelhead and salmon in their 150-foot net.
Demonstrations
Some native fishermen refused to obtain licenses or obey fish and game restrictions on certain fisheries, eventually setting up encampments along the shore illegal from the state's perspective but within the federal law and the 1854 Treaty of Medicine Creek. This Treaty gave the US government Native land in exchange for financial compensation, education, basic healthcare, and the right to fishing and harvesting the fish on their common territory. This treaty was a way for the Nation to continue expanding west and settling on new land. Often times, the terms of this treaty were not upheld and natives were not given the benefits they agreed too, and some were forced off their ancestral land and put on government regulated reservations.[5]
In 1963, the first fish-in was held at Frank's Landing down stream from the Nisqually Reservation, with the intent to protest the failure to follow through with the terms of the Treaty of Medicine Creek. By the end of the 1960s, Frank's Landing previously owned by Winthrop Humphrey Bennett as a ferry crossing under the name 'Bennett's Landing,' now owned by Billy Frank, Jr., had become a haven for unlicensed "fish-ins" in which, despite numerous arrests and convictions, fishermen would return to their fishing ground time and again, allowing themselves to be re-arrested for asserting their treaty rights. The fish-ins spread throughout Washington and Oregon.
In an attempt to calm the situation from being in the media spotlight surrounding the fish-ins, the State took action. Walter Neubrech, who was the Chief of the Enforcement Division of the Department of Game, released a press release in which he explained the small number of Native Americans involved in the protests. He stated in his press release that only 178 Indians were fishing beyond reservation boundaries in violation of state laws, which constituted less than 1% of the Indian population in the state of 18,000. Neubrech then said, “It has been very difficult for a law enforcement agency to maintain dignity and proper respect for the laws of the state of Washington in view of the tremendous amount of public attention that has been directed towards this Indian fishery off their reservation.” He then claimed the drop in fish population on the Puyallup River was solely due to the unrestricted commercial fishing practices of "three Indian brothers." Neubrech also warned the public in his press release of the possibility of Indians resorting to hunting deer and elk on national forest land. Neubrech final claim in his press release was that the Indian community is divided into "good" and "bad," with him saying, "A fair number [of Native Americans] fish commercially during established seasons in keeping with conservation laws. A large majority of the Indian people are gainfully employed and support their families in various trades and professions other than fishing.”[4]
Not all of the actions were nonviolent. In September 1970, Puyallup fishermen on boats, armed with rifles, challenged police and fired warning shots when officials approached their nets. A fish-in leader named Many Dog Hides was quoted as saying, "It's a sad thing we have to bring guns out. But we are a dying people and have to fight for survival, as we have done for about 500 years."[4] One protester threw a fire bomb onto a bridge to slow the game officials' advance, but police eventually raided the boats and camps and forcefully broke up the demonstrators with tear gas and clubs.
Finally, the U.S. federal government intervened, suing the state of Washington for failure to uphold its treaty agreement.
Boldt Decision
In 1974's United States v. Washington ruling, U.S. District Court Judge George Hugo Boldt stated that treaty right fishermen must be allowed to take up to 50% of all potential fishing harvests, and required that they have an equal voice in the management of the fishery. He emphasized that no court decision or act of Congress had annulled what the treaties preserved for the Native tribes. He declared that when the Native people signed the Stevens Treaties, they had not secured a right from non-natives, but had agreed only to share their resources.[3]
The so-called Boldt Decision was reaffirmed by the US Supreme Court in 1979 and has been used as a precedent for handling other similar treaties.[6]
Aftermath
Tempers flared again in 1976 when wildlife officials closed a number of fishing areas, ostensibly to allow the salmon population to recover. Some tribal members claimed the laws were intended to favor white fishermen, and refused to obey the new laws. A number of small riots and demonstrations ensued.[7] By the mid-1980s, however, cooperation between the various tribes led to a stronger, unified presence in fisheries management under the terms of the Boldt Decision, effectively putting an end to the violence, though legal disputes continue.[8][9]
The Muckleshoot Indian Tribe, also known as the Muckleshoot Tribe, is a federally-recognized tribe located in Auburn, Washington. The tribe governs the Muckleshoot Reservation and is composed of descendants of the Duwamish, Stkamish, Smulkamish, Skopamish, Yilalkoamish, and Upper Puyallup peoples. The Muckleshoot Indian Tribe was formally established in 1936, after the Indian Reorganization Act of 1934, but its origins lie in the creation of the Muckleshoot Reservation in 1874 and the treaties of Medicine Creek (1854) and Point Elliott (1855).
The Squaxin Island Tribe is a federally recognized tribe located in Mason County, Washington. They are descended from several Southern Coast Salish peoples, including the Squaxin, Sahewamish, T'Peeksin, Squiaitl, Stechass, and Nusechatl.
The Nisqually are a Lushootseed-speaking Native American tribe in western Washington state in the United States. They are a Southern Coast Salish people. They are federally recognized as the Nisqually Indian Tribe, formerly known as the Nisqually Indian Tribe of the Nisqually Reservation and the Confederated Tribes of the Chehalis Reservation.
The Wisconsin Walleye War became the name for late 20th-century events in Wisconsin in protest of Ojibwe (Chippewa) hunting and fishing rights. In a 1975 case, the tribes challenged state efforts to regulate their hunting and fishing off the reservations, based on their rights in the treaties of St. Peters (1837) and La Pointe (1842). On August 21, 1987, U.S. District Court judge Barbara Crabb ruled that six Ojibwe tribal governments had the right under these treaties for hunting and fishing throughout their former territory.
The Puyallup River is a river in the U.S. state of Washington. About 45 miles (72 km) long, it is formed by glaciers on the west side of Mount Rainier. It flows generally northwest, emptying into Commencement Bay, part of Puget Sound. The river and its tributaries drain an area of about 948 square miles (2,460 km2) in Pierce County and southern King County.
The Nisqually River is a river in west central Washington in the United States, approximately 81 miles (130 km) long. It drains part of the Cascade Range southeast of Tacoma, including the southern slope of Mount Rainier, and empties into the southern end of Puget Sound. Its outlet was designated in 1971 as the Nisqually Delta National Natural Landmark.
United States v. Washington, 384 F. Supp. 312, aff'd, 520 F.2d 676, commonly known as the Boldt Decision, was a legal case in 1974 heard in the U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit. The case re-affirmed the rights of American Indian tribes in the state of Washington to co-manage and continue to harvest salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had. This included their traditional locations off the designated reservations.
The Treaty of Point Elliott of 1855, or the Point Elliott Treaty,—also known as the Treaty of Point Elliot / Point Elliot Treaty—is the lands settlement treaty between the United States government and the Native American tribes of the greater Puget Sound region in the recently formed Washington Territory, one of about thirteen treaties between the U.S. and Native Nations in what is now Washington. The treaty was signed on January 22, 1855, at Muckl-te-oh or Point Elliott, now Mukilteo, Washington, and ratified 8 March and 11 April 1859. Between the signing of the treaty and the ratification, fighting continued throughout the region. Lands were being occupied by European-Americans since settlement in what became Washington Territory began in earnest from about 1845.
The Treaty of Medicine Creek was an 1854 treaty between the United States, and nine tribes and bands of Indians, occupying the lands lying around the head of Puget Sound, Washington, and the adjacent inlets. The tribes listed on the Treaty of Medicine Creek are Nisqually, Puyallup, Steilacoom, Squawskin, S'Homamish, Stehchass, T'Peeksin, Squi-aitl, and Sa-heh-wamish. The treaty was signed on December 26, 1854, by Isaac I. Stevens, governor and superintendent of Indian Affairs of the territory at the time of the signing, along with the chiefs, head-men and delegates of the stated tribes. For the purpose of the treaty, these representatives who signed the treaty were stated to have been, "regarded as one nation, on behalf of said tribes and bands, and duly authorized by them."
Sohappy v. Smith, 302 F. Supp. 899, was a federal case heard by the United States District Court for the District of Oregon, decided in 1969 and amended in 1975. It began with fourteen members of the Yakama who sued the U.S. state of Oregon over its fishing regulations. The federal court combined the case with another case, United States v. Oregon, in which the U.S. federal government sued the state along with the Yakama, Warm Springs, Umatilla, and Nez Perce tribes.
United States v. Winans, 198 U.S. 371 (1905), was a U.S. Supreme Court case that held that the Treaty with the Yakima of 1855, negotiated and signed at the Walla Walla Council of 1855, as well as treaties similar to it, protected the Indians' rights to fishing, hunting and other privileges.
Henry Lyle Adams was an American Native rights activist known as a successful strategist, tactician, and negotiator. He was instrumental in resolving several key conflicts between Native Americans and state and federal government officials after 1960. Born on a reservation in Montana and based in Washington state for much of his life, he participated in protests and negotiations in Washington, DC and Wounded Knee, South Dakota.
Billy Frank Jr. was a Native American environmental leader and advocate of treaty rights. As a member of the Nisqually tribe, Frank led a grassroots campaign in the 1960s and 1970s to secure fishing rights on the Nisqually River, located in Washington state. His efforts centered around promoting cooperative management of natural resources. Frank served as the chairman of the Northwest Indian Fisheries Commission for over thirty years.
Janet McCloud, also known as Yet-Si-Blue, was a prominent Native American and indigenous rights activist. Her activism helped lead to the 1974 Boldt Decision, which earned her the title of "The Rosa Parks of the American Indian Movement." She co-founded Women of All Red Nations (WARN) in 1974. In August 1985, the first gathering of the Indigenous Women's Network took place in her backyard in Yelm, Washington.
The National Indian Youth Council (NIYC) is the second oldest American Indian organization in the United States with a membership of more than 15,000. It was the second independent native student organization, and one of the first native organizations to use direct action protests as a means to pursue its goals. During the 1960s, NIYC acted primarily as a civil rights organization. It was very active in the movement to preserve tribal fishing rights in the Northwest.
Robert "Bob" Satiacum was a Puyallup tribal leader and an advocate of native treaty fishing rights in the United States. He was convicted in 1982 of attempted murder, embezzlement of tribal funds, and other charges but fled to Canada to avoid a prison term. He was convicted of child molestation in Canada in 1989.
Tulee v. Washington, 315 U.S. 681 (1942), was a United States Supreme Court case in which the Court held the Washington statute prescribing license fees for fishing is invalid as applied to a Yakama convicted on a charge of catching salmon with a net without first having obtained a license, in view of the 1855 treaty at the Walla Walla Council securing to them the exclusive right of taking fish in all streams running through or bordering reservation and right of taking fish at all usual and accustomed places in common with citizens of Washington.
The Steilacoompeople are Lushootseed-speaking Southern Coast Salish people, indigenous to the southern Puget Sound region of Washington state.
Washington v. Washington State Commercial Passenger Fishing Vessel Association, 443 U.S. 658 (1979), was a United States Supreme Court case related to Indian fishing rights in Washington State. It held that the usual and accustomed clause of the Stevens Treaties protected Indians' share of anadromous fish in addition to protecting fishing grounds. To do this, runs of anadromous fish that travel through tribal fishing areas should be divided equally between treaty-protected and non-treaty parties. After that, the treaty-protected parties cut should be lowered if they can be satisfied with a smaller amount. The court also held that its decision superseded state law, and that Washington's Game and Fisheries Department may be required to make laws upholding the ruling.
Ramona Bennett is an American Puyallup leader and activist who was involved in the 1960s and 1970s Fish Wars of the US Pacific Northwest and in tribal sovereignty.
References
↑ Matthews, Blake. "fish-in". academic.evergreen.edu. Archived from the original on May 12, 2014. Retrieved August 7, 2024.
Ayyanar, K (2021). "Creating and Improving the Design of the Library Website and the Opac Online Public Access List Using Zoho. Com Sites and Awesometable. Com: A Study". SSRN Electronic Journal. 4 (16): 25–31. doi:10.2139/ssrn.4183333. ISSN1556-5068. OCLC9587510694.
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