WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Senate sends governor Rep. Sawyer’s bill to erase “fish war” convictions

In what one member called a righting of past wrongs, the Senate gave final legislative approval March 5 to a bill that allows tribal members to clear their state criminal records if they were convicted of fishing violations before a federal court ruled that what they were doing actually was legal under federal treaties.

Fish Washington“It is incumbent on us as a society to admit that we were wrong previously — and that we are righting those wrongs,” Sen. Bob Hasegawa, D-Seattle, told the Senate in urging approval of House Bill 2080.

The tribal members were arrested during the “fish wars” of the 1960s and 1970s, when they staged “fish-ins” to assert their treaty rights to salmon. But the demonstrations ran afoul of state regulations, and led to clashes with police and wildlife agents and to criminal convictions.

The tribal members were vindicated by a 1974 federal court decision that affirmed their rights to the fish. But the convictions have remained on the record, with negative consequences for the defendants.

Under HB 2080, sponsored by Rep. David Sawyer, D-Lakewood, the tribal members could apply to the courts to have their convictions expunged – and, subject to certain conditions, the measure directs the courts to grant the request if the convictions resulted from the exercise of treaty rights. For those who have died since their convictions, their family members could seek the remedy.

“There’s never a wrong time to do the right thing,” Sen. Jan Angel, R-Port Orchard, said before joining in the unanimous vote for the bill. The House earlier approved the bill, which now goes to the governor for signature into law.