Case library · Treaty Waters
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Sohappy v. Smith (1969)
Charge: State limits on treaty fishingCourt: U.S. District Court, D. OregonState: OregonDocket: Treaty Waters
May a state regulate treaty fishing on the same terms as everyone else, or must it treat the treaty fishery as separate?
The facts
Members of tribes that signed treaties in 1855 fished a western river at places long used by their families. The treaties reserved the right of taking fish at all usual and accustomed places, in common with citizens. A state law had long shut the upriver stretch holding most of those places to all methods but angling. The state ran one agency for commercial fishing and one for sport, and split the run between them without treating the treaty fishery as an interest of its own.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Sohappy v. Smith, 302 F. Supp. 899 (D. Or. 1969)
Read more at courtlistener.com. The source reveals the outcome.