It must be remembered that at the time the treaties were signed, Indians were catching almost all of the fish. This, in the language of the time, made Indians and settlers, in effect, equals when it came to sharing the resource. Each group was entitled to one-half. Eventually, settlers were regulated by their state governments, but tribes were not legally subject to state regulations because they are separate political entities with special contracts, or treaties, with the U.S. Government. Tribal governments regulate Indian fishing according to rules imposed by the U.S. District Court.
Every tribe adopts fishing regulations in accordance with sound fisheries management.
The tribes and the state work together in drafting their fisheries regulations. Tribes must hire or have available to them a fisheries biologist to assist in drafting regulations and monitoring the fishery. They must also have the capability to enforce their regulations and prosecute violators. Every precaution is taken to protect the valuable fisheries resource. Basically, interpretation of the treaty dealt with an opportunity to catch the fish.