State v. Tinno

I concur in all of the majority opinion except the latter part thereof wherein the majority opinion makes the fishing regulation inapplicable to Indians. That regulation prohibited the taking of salmon from the spawning beds in the upper reaches of the Yankee Fork of the Salmon River. The majority opinion argues that the state should have offered a justification or explanation of the regulation. Numerous cases are cited for that proposition. I do not believe those cases are controlling in the case at bar.

The late case of Puyallup Tribe v. Department of Game of Washington, 391 U.S. 392, 88…