The Confederated Tribes of the Chehalis Reservation asserted its jurisdiction and authority over a 10-mile section of the Chehalis River on Wednesday in a public response to the Washington state Department of Fish and Wildlife’s (WDFW) statement on the tribe’s permitting policy.
The Chehalis River runs some 125 miles through Southwest Washington, passing through Lewis, Thurston and Grays Harbor counties, before flowing into the Pacific Ocean near Aberdeen.
According to WDFW, the Chehalis Tribe is charging non-tribal members a $500 boat-fishing permit or a $45 bank-fishing permit to access the stretch of river located within its boundaries.
Approximately 10 miles of the river runs through the tribe’s reservation.
Those who do not obtain the permits may be subject to a citation, according to WDFW.
“While the Washington Department of Fish and Wildlife (WDFW) disputes the Chehalis Tribes’ legal arguments for citing anglers lawfully participating in state-managed fisheries on a navigable river, WDFW is encouraging anglers and guides to be aware of the possibility of a citation from the tribe and their fishing gear or watercraft potentially being seized,” the department said in its Tuesday news release.
On Wednesday, the tribe declared its ability to impose the civil regulations, which it says is neither a recent development, “nor is it intended to create conflict with members of the public.”
“The Tribe has sustained itself through fishing on the Chehalis River, and other waterways within its historical territory, since time immemorial,” the release said.
The tribe noted a federal appellate court decision in the 1990s that concluded the tribe did not have the right to fish beyond its reservation, though it maintained its right to fish on the reservation.
“As a result of this decision, the Tribe today retains fishing rights only within its Reservation — rights it values and protects,” the tribe said in the release. “In regulating non-Indian fishers within the Reservation fishery, the Tribe is exercising its governmental authority to protect its people, its resources, and its traditional fishing practices.”
The WDFW described the Chehalis River as a large, federally navigable waterbody that flows through the reservation, tribal trust lands and private land. The state agency said the river — a popular spot for fall coho and steelhead — has a “long history” of recreational and tribal fishing.
“Federal and state laws allow for floating navigable waters including for fishing,” WDFW said, adding that, under state law, “intentionally obstructing the lawful taking of fish, shellfish, or wildlife is a crime.”
The tribe said it was “deeply concerned” by WDFW’s decision to issue a public statement, saying it risked “escalating tensions” rather than “resolving the underlying jurisdictional issues through appropriate governmental channels.”
“That approach undermines the authority of the Tribal government and, more importantly, risks creating unnecessary confrontations that could jeopardize the safety of the general public, Tribal members, law enforcement, and WDFW personnel,” the tribe said.
WDFW indicated it was working with tribal leadership, county leadership and law enforcement “regarding the tribe’s claim to sole authority” over fishing in the disputed section of the river.
The tribe likewise said it “remains willing to engage directly and professionally with WDFW, the Washington Attorney General's Office and other appropriate governmental entities.”
“The overwhelming experience of the Tribe has been one of compliance and peaceful co-existence,” the tribe said.
In the meantime, WDFW encouraged anglers to either avoid the 10-mile section within the reservation or else pass through without anchoring, wading or fishing from the shore.
The state agency told non-tribal members to remain polite and respectful if stopped by Chehalis Tribal Police, and to present a valid state fishing license or catch record card upon request.
“If necessary, ask tribal law enforcement, ‘Am I being detained or am I free to go?’” the release said. “If tribal law enforcement indicate fishing gear or watercraft is being seized, remain respectful and contact your local Sheriff’s Office or WDFW Police.”
The tribe maintains it has “not sought confrontation,” and has instead “sought to educate the public, establish clear regulatory requirements, and provide a reasonable means” for non-tribal members to comply with its regulations.
“The fact that many individuals have done so demonstrates that the river can be shared peacefully when Tribal authority and Tribal law are respected,” the tribe said.
The Chehalis Tribe added that such “jurisdictional and regulatory issues should be addressed through government-to-government and legal channels, not public statements that encourage members of the public to disregard Tribal authority.”
“The Tribe will continue to exercise and defend its governmental authority within the Reservation,” the tribe said in the release. “Individuals using the Chehalis River within the Reservation are expected to respect Tribal law and applicable Tribal regulations. The Tribe will continue its efforts to educate the public and enforce its civil regulatory fishing requirements in a manner that protects the safety of our people, preserves the river and its resources, and allows Tribal fisherpersons to continue practicing their traditions in peace.”
For more information on the tribe’s permitting policy, visit https://tinyurl.com/578tvk94.
