United States v. Craig Decker, United States of America v. Raymond W. Marriott

Decker and Marriott are non-Indian commercial fishermen who were caught fishing on different days in restricted Fraser River convention waters in violation of 16 U.S.C. § 776a (1976). They fished on days permitted for Indians but proscribed for non-Indians. They were convicted in separate trials and sentenced to 60 days imprisonment. Although they pursued separate appeals, the cases were heard together at oral argument. Because they present similar challenges to their convictions, we consolidated the cases for purposes of disposition. We affirm.

I.

BACKGROUND

The United States and Canada ratified a convention in 1937 “for the protection, preservation and extension of the sockeye salmon fishery of the Fraser River system.” 50 Stat. 1355 (1937). The convention was amended in 1957, adding a number of important paragraphs and including pink as well as sockeye salmon within its scope. [1957] 8 U.S.T. 1057.

The convention established the International Pacific Salmon Fisheries Commission (IPSFC or Commission) to propose annual regulations to achieve two goals: sufficient escapement of the salmon each year to preserve the fishery and equal division of the harvestable catch between…