U.S. v. Oregon

United States v. Oregon, originally a combination of two cases, Sohappy v. Smith and U.S. v. Oregon (302 F. Supp. 899), legally upheld the Columbia River treaty tribes reserved fishing rights. Although the Sohappy case was closed in 1978, U.S. v. Oregon remains under the federal court's continuing jurisdiction serving to protect the tribes treaty reserved fishing rights.

In his 1969 decision, Judge Robert C. Belloni ruled that state regulatory power over Indian fishing is limited because, in 1855 treaties between the United States and the Nez Perce, Umatilla, Warm Springs and Yakama tribes, these tribes had reserved rights to fish at "all usual and accustomed" places whether on or off reservation.

According to Belloni's ruling, states may regulate only under certain conditions and in compliance with certain standards, including:

• States may regulate only when reasonable and necessary for conservation.
• States must offer proof that particular regulations are necessary to accomplish conservation.
• Regulations must not discriminate against the Indians.
• Regulations must be the least restrictive.
• Fisheries can not be managed so that little or no harvestable fish reach upstream areas where most of the Indian fishery takes place.
• Treaty fishing rights may not be subordinated to some other state objective or policy.
• The protection of treaty fishing rights must be a state regulatory objective coequal with its fish conservation objectives.
• Indians may be permitted to fish at places and by means prohibited to non-Indians.
• The tribes are entitled to "a fair and equitable share" of the resource.

In 1974 Judge George Boldt decided in United States v. Washington (384 F. Supp. 312) that Belloni's "fair and equitable share" was, in fact, 50 percent of all the harvestable fish destined for the tribes' traditional fishing places. The following year, Judge Belloni applied the 50/50 standard to U.S. v. Oregon and the Columbia River. Judge Boldt's decision also affirmed tribal rights to self-regulation when in compliance with specific standards.

Judge Malcolm Marsh is now the presiding judge. Defendants are the states of Oregon, Washington and Idaho. Plaintiffs are the United States, the four Columbia River treaty fishing tribes and the Shoshone-Bannock tribe whose status in the case is different than that of the four tribes.