State v. Goodell

The state appeals from orders dismissing citations that allege violations of commercial fishing regulations. Defendants are Chinook Indians who were fishing at usual and accustomed Chinook fishing locations on the Columbia River when they received the citations. The trial court held that, under State v. Goodell, 38 Or App 511, 590 P2d 764, rev den 287 Or 123 (1979), defendants had a treaty right to fish at those locations and that that right precluded state regulation. The state asks us to reconsider Goodell in the light of Wahkiakum Band of Chinook Indians v. Bateman, 655 F2d 176 (9th Cir…