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AGO Opinions with Topic: CONFLICT WITH PROVISIONS OF INDIAN TREATY
AGO 1963 No. 32 >  June 18, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - RULES AND REGULATIONS - CONFLICT WITH PROVISIONS OF INDIAN TREATY - EFFECT
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- RULES AND REGULATIONS ‑- CONFLICT WITH PROVISIONS OF INDIAN TREATY ‑- EFFECT Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.
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