Eberhardt

A jury found appellant Gerhard Eberhardt guilty of two offenses: (1) conspiracy to violate Fish and Game Code sections 8434 (sale of fish taken from Klamath River) and 8685.6 (sale of salmon taken in California waters by gill net); and (2) possession of salmon not taken under a valid commercial license (§ 12000; Cal. Admin. Code, tit. 14, § 1.52). The jury also found appellant not guilty of two offenses: (1) sale of fish taken from the Klamath (§ 8434); and (2) sale of salmon taken in California waters by gill net. (§ 8685.6.)

I

The Hoopa Valley Indian Reservation located in northern California includes a one-mile strip of land on each side of the Klamath River from the river’s mouth at the Pacific Ocean to its confluence with the Trinity River. (People v. McCovey (1984) 36 Cal.3d 517, 521 [ 205 Cal.Rptr. 643 , 682 P.2d 687 ].)

A comprehensive federal regulatory scheme governs Indian fishing on the reservation. Those regulations permit fishing for subsistence and ceremonial purposes only, and fishing with gill nets is permitted only on certain days and at certain hours. Commercial fishing is prohibited, as is the sale of fish caught on the reservation. All “eligible…