Boldt Decision

Chinook Salmon, National Archives Identifier 166702694

Fifty years ago was a landmark court case you’ve likely never heard of: United States v. Washington, better known as the Boldt Decision. In February 1974, the federal government sued the state of Washington to force the state to comply with provisions in Indian treaties signed in the 19th century. The Boldt decision, named for Judge George Boldt of the U.S. District Court for the Western District of Washington, affirmed the fishing rights granted to tribes who signed the treaties and allocated 50% of the annual catch to treaty tribes.

(Left) Fraser River, Indian Catching Salmon, National Archives Identifier 155824184 (Right) Four unidentified young Indian men with large salmon, National Archives Identifier 297544

After the state refused to enforce the court order, Judge Boldt ordered the United States Coast Guard and federal law enforcement agencies to enforce his rulings.

In 1975, the Ninth Circuit Court of Appeals upheld Judge Boldt's ruling. The U.S. Supreme Court rejected a collateral attack on the case, largely endorsing Judge Boldt's ruling and the opinion of the Ninth Circuit.

The Boldt decision re-affirmed the rights of American Indian tribes in Washington State to continue harvesting salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had, including their traditional locations off the designated reservations. 

Affidavit of Harold George, National Archives Identifier 22440081

Affidavit of Thomas P. Schlosser, National Archives Identifier 22440082

(Left) From the testimony of Harold George, an enrolled member of the Quilleute Tribe, regarding how the Boldt fishing rights decision affected him.  

(Right) From the testimony of an attorney, Thomas P. Schlosser, for an organization of Western Washington Tribes, regarding his unsuccessful efforts to communicate with the U.S. Department of Fisheries.

Wide-View of Fishermen at Celilo Falls and the Celilo Bridge, National Archives Identifier 22440088

This photograph, taken before 1952, looking downstream at Celilo Falls, Oregon, with the Celilo Bridge (also known as the Oregon Trunk Railroad Bridge) in the background. Note the many fishermen along the banks. The loss of these fishing grounds were one of the issues considered in the 1974 fishing rights case, United States v. Washington (aka the Boldt Decision). 

Learn more about the Boldt Decision:

• Boldt Decision Litigation Background Files, ca. 1968–ca. 1978 series from Record Group 22: Records of the U.S. Fish and Wildlife Service. 
• Research Guides for both historic and modern Native Communities in Oregon and Washington relating to records held at the National Archives
• 50 years of Boldt from the U.S. Fish & Wildlife Service

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