Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights

by Charles Wilkinson

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice.

Legendary lawyer and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully―and often violently―oppose Native actions. These "fish wars" spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln's birthday to hand down a decision recognizing the tribes' right to half of the state's fish. The case's long aftermath led from the Supreme Court's affirmation of Boldt's opinion to collaborative management of the harvest of salmon and other marine resources.

Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century's most important civil rights cases.

Genres: Nonfiction, Native American, Law, American History, Audiobook, Politics, History

376 pages, Hardcover

First published January 23, 2024

Reviews

[Craig Werner · Rating 4 out of 5]

Excellent book organized around one of the most important (and largely unknown outside indigenous circles) court decisions. The Boldt decision upheld the fishing rights guaranteed by treaties between the United States and the northwestern Indian nations. Wilkinson was closely connected with the tribes--I'm always suspicious of the language of multicultural "allies" which tends to substitute rhetoric for action, but Wilkinson was truly an ally in important ways. He does an excellent job connecting the legal story with the individual and their tribes: Billy Frank, Jr., Hank Adams, Ramona Bennett, Janet McCloud. Crucial for understanding both the roots of the story in traditional tribal life and the ways the Boldt decision has empowered later generations of lawyer-warriors.

[Oliver Bass · Rating 5 out of 5]

A must read for anyone who:
- lives in the Pacific Northwest (particularly Washington),
- works in an environmental field (specifically with salmon),
- wants to understand treaties and their impact / importance,
- loves salmon, or
- wants to build a better and more just world.

If you don’t understand treaties, you just don’t understand American history.

[Abby Shade · Rating 5 out of 5]

4.5 — really thorough and accessible overview of the history and significance of the Boldt Decision for indigenous sovereignty in the PNW and beyond. Highly recommend!! Knocked off half a star because there were some parts where the white narrative started getting a bit paternalistic in its reporting, but overall pretty impressed. This case study is a great blueprint for what co-stewardship of our natural resources / ecosystems can look like!

[Sandy · Rating 4 out of 5]

I pretty much devoured this book in 24 hours! I learned so much! Having lived in WA for over 10 years, I have heard so much about the importance of the Boldt Decision, but I didn’t know the details and a lot of the context of the decision until now. The book tells the story of treaty rights, history, controversy, activism, legal battles, and tribal sovereignty in a very approachable manner. I enjoyed hearing the story of the Boldt Decision, who was involved, and reading their actual testimony.

The 50th anniversary of the Boldt Decision is this year: February 12, 2024. I feel like this book should be required reading for everyone who doesn’t know the history of treaty rights. This includes those of us who were too young to remember fish wars (or weren’t born yet), or who didn’t have family who experienced this.

[Sara Temba · Rating 5 out of 5]

This book was mentioned in the Seattle Times when it came out and has been quickly recognized as the most thorough account of the Boldt Decision. I have been interested in the topic for many years - even though it happened before I was born my dad watched it with interest and would tell me about the effects of it through the years.
The book does a great job going through the history of the tribes that were part of the lawsuit - their land, their tribal structure, their relationship with salmon and the Salish Sea. It also gives many details about the treaties and the American government that they signed them with. I learned so many details I didn't know before! With half the book spent on that, the other half looks at how the state broke the promises of the treaties (after commercial fishing and clearcutting decimated the salmon populations). It showed the role of the federal government in advocating for the tribes and how important this was. Reading it with a 2025 lens, when the judiciary system appears to be heading into a crisis (and, at a minimum, heading into a direction that I personally REALLY don't like) reading about a very thoughtful and upstanding judge creating a case and making a ruling so thorough that even the Surpreme Court couldn't overturn it. It of course didn't change things overnight but its power ultimately brought justice to the tribes. How the state of Washington manages fishing now, in partnership with the tribes, is a testament to that. While watching current events with fear and wanting things changed immediately, this book reminds me that for many groups like Native American tribes, justice is a long, long battle with many years where it looked like it would never happen. A hard lesson but an important one.
Highly recommend for those who are interested in Native history, Native rights, salmon, fishing, etc. An excellent but that I could easily use for my BIPOC Historical Nonfiction square on my summer book bingo board.

[Greyson · Rating 5 out of 5]

Richly detailed—if niche—account of Native fishing rights in the PNW with emphasis on the origins of these rights vis-a-vis 1800s treaties, subsequent "fish wars" between Tribes and states, and the ultimate Boldt decision that has led to current co-management practices of salmon stock throughout the states of Oregon and Washington.

So far as I can tell, it accomplishes exactly what it sets out to do: provide a lay explanation for complex legal battles that occurred over decades, including continuing jurisdiction in the present day. No notes, although if I were a legal scholar (or an anti-Native racist) I'm sure I would have quibbles.

While concerns about racial equity resonated with some members of the public, as a matter of law these rights are governmental, not racial or individual rights. The fishing rights were established in the United States treaties with sovereign tribes, which held the rights. The sovereign tribal governments then authorized individual tribal citizens to fish under conditions covering their citizens, much like the state of Washington issues licenses to individuals. These rules of federal Indian law are complex and, understandably, not known among the general population, especially at the time.

[Rachel Seidel · Rating 4 out of 5]

As a Washingtonian this book is an essential read on the treaties created between the territorial governor Isaac Stevens and the Washington tribes nearly 170+ years ago. The way in which the treaties were handled, the abuse of Indians in this state through assimilation, boarding schools, arresting Indian fishermen, etc, are inexcusable and crucial for every Washingtonian to learn about. So this book that goes specifically into the Boldt decision in 1979 is a miracle and a testament to the tribal leaders who fought for their fishing rights and tribal sovereignty. With the Boldt decision today holding up 50 years later, it shows the power of working together from all sides of common interest (sport fishermen, commercial fishermen, conservationists, the tribes) and create a system that protects our salmon, boosting career fishermen, while also protection the tribes traditions and lifeblood. Great educational read and I hope to see more legislation that follows in Boldts footsteps in our future

[Michael · Rating 5 out of 5]

The book is excellent. Tremendous background and history for this crucial decision in the PNW.

Note: avoid the audiobook. Terrible pronunciation and an odd reference to Governor Dan Evan’s with a completely different name (but definitely him because the phrase introducing him is 3 term governor, and the sentence immediately after says Governor Evans. I listened to it three times to make sure. )

Add it to your shelf with Timothy Egan’s The Good Rain as essential PNW non-fiction. (Would love an update to Egan’s book).

[Doza · Rating 5 out of 5]

Riveting account of justice denied, acquired and fitfully maintained for 50 years. As someone living in WA for nearly 20 years and working on environmental issues, the Boldt decision is commonly known as a centerpiece of tribal fishing rights. Yet that only scratches the surface of its impact in recognizing tribal sovereignty nationwide and internationally. Well written legal history whose prose flows, never losing sight of the people being impacted and does not get bogged down in dense legalese and procedure.

[Meepspeeps · Rating 3 out of 5]

This is a fascinating story, and as a SCOTUS geek, I particularly appreciated all the legal minds and strategies involved. My only gripe is the author’s generalizations about tribal members like “they loved going out with their nets,” and “every Indian…” I doubt they ALL loved it nor did every Indian have the same viewpoints. I recommend it to peeps who want to understand tribal sovereignty in the USA better and how racism affected fishing.

[Aisha · Rating 5 out of 5]

5 stars - I love local history books and this one is a perfect balance of historical context, diving deep into the event and just enough legalese to help you understand but not get lost in the details. Really interesting time period that I hear a lot about in this area and super excited that it is well documented.

This work fulfills SPL's Summer Book Bingo prompt - "BIPOC Historical Fiction / Nonfiction"

[Juliana · Rating 5 out of 5]

Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights is an excellent resource to familiarize yourself with the history and peoples of Washington and also a look at how our justice system and civil rights can and should work to right wrongs of the past.

[Josh Reid · Rating 4 out of 5]

Excellent overview of the PNW treaty fishing rights, especially pitched for a general audience. I appreciate the focus on tribal management of fisheries.

[Mike Sigler · Rating 4 out of 5]

Great book, comprehensive history of northwest tribe treaties and the boldt decision. Very readable.