Rarely, however, do defendants enforce applicable regulations against tribal fishermen. Failure to enforce regulations promulgated for conservation and allocation of the fishery, is mismanagement. The dual management of the fishery whereby tribal fisherman and defendants make management decisions that affect all commercial salmon fishermen, without direct participation by nontribal fishermen such as plaintiffs, has substantially contributed to nearly total decimation of the fishery. F. Defendants exert little, if any, management control over tribal fishermen when necessary for conservation, and conduct little, if any, policing of tribal activity or enforcement of regulations against tribal fishermen. Between approximately 1985 and 1995 defendants negligently eliminated nearly all coho salmon from the Samish River in Skagit Courity as a consequence of an aggressive program to preserve chinook salmon eggs, to the extent that the Samish River coho salmon run is no longer commercially viable.
Plaintiffs incorporate the above allegations by reference as though expressly rewritten herein.
Under color of state law defendants have unreasonably and wrongfully infringed upon, and deprived plaintiffs of, this Constitutionally protected right. Defendants have deliberately flouted the law, and have deprived plaintiffs of rights, privileges, and immunities protected and secured by the constitution and laws of the United States. B. Unnecessarily and unreasonably prohibiting plaintiffs from fishing in certain designated areas when there are harvestable fish present. C. Unnecessarily and unreasonably restricting the amount of time plaintiffs are allowed to fish when there are harvestable fish present. So severely restricting plaintiffs' fishing time, without justification, as to unnecessarily and unreasonably trammel plaintiffs' right to take a fair share of available harvestable salmon.