History, politics, people of Oly WA

Category: steelhead

The Steel Head of Meaning

Just before Christmas 1929, Quinault tribal fishermen pulled winter steelhead out of the Quinault River on their reservation. They harvested about 1,724 pounds of fish, iced them at Taholah, and packed them into fourteen large wooden boxes, each weighing over 120 pounds.

Someone stenciled an address on the outside of every box: New England Fish Company, New York City. Ironically, because New York City is not in New England.

Pioneer Packing Company, a fish dealer out of Aberdeen, bought the nearly ton of fish on the reservation, a detail that turned out to be crucial. Pioneer hired Star Transfer Company to haul the boxes 40 miles down to the express shipping office in Aberdeen. From there, they’d start the long journey east.

The steelhead made it as far as the express office. Jack Winslow, the Grays Harbor County game warden, was waiting. He seized all fourteen crates on the spot.

Winslow pointed to Washington state game laws, which banned selling or transporting river-caught steelhead for money. The state considered steelhead caught in rivers to be “game fish,” which meant they were for sportsmen only. These fish were bought for profit and headed across state lines.

To see why a county warden felt empowered to arrest the travel of gamefish in a public shipping office, we have to go back a few years. We need to look at when steelhead stopped being seen as everyday food.

Before the 1920s, when local papers wrote about steelhead, they listed a price per pound, along with clams and oysters. The fish was simply a market commodity, processed by canneries and harvested by non-Native netters and tribal fishermen.

Things shifted after World War I. A growing middle class had spare time and money for gear. Some began viewing steelhead primarily as sport rather than dinner. Anglers are different from other fishermen because they “angle.” If I were explaining this to you in person, I would move my arm up and down, bending at the elbow to create a corner. These anglers started organizing in the 1920s. They wanted steelhead separated from commercial fisheries and reclassified as a “game” fish.

If you ask steelhead anglers why they’re obsessed, they’ll give you a quick answer. The fish gets built in the open ocean. It pulls hard and leaps when hooked. Catching one means reading river currents and casting for hours in freezing rain. One bite makes the misery worth it.

And this is all different from other river-born, ocean-raised fish in the Pacific salmon universe. 

While I have thought hard about the differences between Chinook and steelhead, I have come to understand it’s all subjective. You’ll have to take their word for it.

The name “steelhead” itself also stands out. Even compared to Chinook or sockeye, “steelhead” sounds tough. Commercial crews gave them the name because their heads were hard to knock out on deck.

By the 1920s, the fish were also actually disappearing. Logging stripped watersheds, and dams blocked rivers. Upper-middle-class sportsmen also held real political power. They pushed for state laws that favored recreation over commercial harvests to preserve their share of the shrinking pie.

In 1925, the state legislature passed a compromise. They named steelhead a game fish, but only upstream from river mouths. Estuaries and saltwater stayed open to commercial fishermen. Sportsmen wanted a full ban, so they kept pushing.

Three years later, in January 1928, anglers met at the Wilsonian Hotel in Seattle. They formed the Steelhead Trout Club of Washington. Their goals were straightforward: end commercial netting, ban river traps, and replace county wardens with one central state agency.

Maybe Jack Winslow, a county game warden, saw the writing on the wall and decided to show just how pro-gamefish a county game warden could be. That was the world he worked in when the boxes showed up in Aberdeen.

Pioneer Packing sued. Pioneer Packing Company v. Jack Winslow landed in county court in early 1930. Pioneer asked for a permanent court order to stop the warden from seizing fish bought on the reservation.

Lawyers for the Quinault Nation backed Pioneer. They argued that the Treaty of Olympia and federal precedent left the state zero power over tribal fisheries inside reservation borders.

The judge ruled for Pioneer Packing and granted the order. Winslow couldn’t touch the shipment.

But state officials refused to back down on regulating commercial fish shipments. Winslow appealed to the Washington Supreme Court.

The case turned on two points:

Did the Quinault own the fish in their rivers, or did the state own them for all citizens? 

Did the federal Commerce Clause protect selling reservation fish across state lines?

On December 29, 1930, over a year after the steelhead left the river, the state Supreme Court delivered a unanimous decision upholding the order against Winslow. The court pointed to the Treaty of 1855 and an 1873 Executive Order. Under those agreements, the Quinault owned the fish by original title. The state had no right to interfere with fishing on the reservation.

The second point followed naturally. Since the Quinault owned the fish, selling them for shipment to New York was federal interstate commerce, far beyond state game laws.

A Washington court had just protected the commercial sale of steelhead and affirmed treaty rights. Even narrowly, this is not necessarily the history we understand of that era. Few now expect state courts to respect treaty rights in 1930. Standard histories tend to skip from the 1905 Winans case straight to the 1950s, where I will pick up in a second.

History is not a straight line. There are a lot of starts and stops, false dawns, in history. And, a lot happened during those missing decades we don’t normally talk about. Sitting in early 1930, no one knew how the next few decades were going to unfold, or if the 14 boxes of steelhead case would lead anywhere other than the bare facts of the case.

Sometimes, what seems like a major turning point ends up being a forgettable bump.

For example, in 1915, Olympia lawyer E.N. Steele set up what he thought would be a test case to settle tribal rights. He was even able to team up with federal prosecutors to use the prosecution of two tribal members for illegal hunting. Steele told his clients to plead guilty so he and the U.S. Attorney’s Office could appeal straight to federal court. 

It had been practice for local officials to arrest tribal hunters and fishermen, but for the courts to drop cases before prosecution. Enough effort to cause havoc for tribal members, but not enough that they would actually have to settle what the treaties meant.

But as the cases proceeded, the U.S. Supreme Court decided Kennedy v. Becker, ruling that state game laws applied to tribal hunters off reservations. That ruined Steele’s strategy. His clients had been cited for hunting, so his legal test collapsed.

Steele dropped the cases. Local officials declared victory, and Steele walked away from treaty litigation for good.

Decades later, the Boldt decision proved Steele’s core arguments right. If his 1915 test case had succeeded, Pacific Northwest history might have changed sixty years earlier. History is never a straight line. We never know how we’re going to end up where we go.

Two years after the 1930 ruling, voters passed Initiative 62. It created the Washington Department of Game, separating it from the more commercial-focused Department of Fisheries. Game immediately banned taking, holding, or selling steelhead statewide.

It is worth looping back to point out that during this post-World War I era, angling groups also weaponized nativist sentiment against non-tribal commercial fishing. As xenophobia culminated in restrictive federal immigration laws, sportsmen’s organizations routinely targeted the Greek, Italian, Slavic, and Scandinavian immigrants who gillnetted and worked in canneries. Anglers framed netters not just as competitors for fish, but as un-American, greedy exploiters who used uncivilized techniques to strip public waters for private profit. On the other hand, rod-and-reel angling was romanticized as a noble, patriotic pastime rooted in traditional American sportsmanship.

Supporters pitched the campaign around conservation, but the result was a sport-angling monopoly on steelhead. By outlawing nets and trade, the state turned treaty-protected fishing and otherwise legal food harvesting into illegal poaching, setting up decades of conflict.

The state Supreme Court wavered on the point of state authority over tribal fishing for decades. In 1957, State v. Satiacum ended in a split vote, leaving state authority over treaty fishing in limbo.

Then, in the 1960s, the court reversed course and started driving hard against treaty rights. In 1963 and 1967, judges ruled that the state could enforce conservation rules on treaty fishermen off the reservation. They treated treaty rights as privileges subject to state regulation, ignoring supreme federal law.

History is not a straight line. If that court hadn’t pushed so hard against treaty rights, would tribes and federal authorities have fought back hard enough to force the Boldt decision?

Arrests and net seizures sparked the Fish Wars of the 1960s and 1970s. Treaty activists organized fish-ins and civil disobedience. The state court clashed directly with federal treaty law, forcing the U.S. Department of Justice to intervene.

That led to United States v. Washington. In 1974, Judge George Boldt ruled that tribes were co-managers entitled to half of the harvestable catch, which is well beyond where anyone thought a treaty fishing rights case would end up. By pushing hard, they nearly lost everything. When state judges tried to block compliance, the U.S. Supreme Court stepped in and affirmed that federal treaties overrule state law.

State overreach triggered federal intervention. The state court’s push to criminalize tribal fishing ultimately created the framework for modern tribal co-management.

If you want to see how far the state’s side of the argument went, look at Slade Gorton.

As attorney general, Gorton treated tribes as if they lacked sovereign power. He argued federal dominance left no room for tribal government, so he dismissed treaty rights outright.

That view drove his repeated efforts to overturn federal mandates and strip tribes of law enforcement authority on their own land.

In 1984, voters passed Initiative 456. It declared that natural resource management belonged to the state alone, claimed off-reservation treaty rights were void, and asked Congress to name steelhead a game fish.

1984 turned out to be the high water mark of the steelhead-as-gamefish world.

Five years later, scientists pulled at the thread from another direction and reclassified steelhead. They moved rainbow trout and steelhead out of the Atlantic trout genus Salmo and into Oncorhynchus, the Pacific salmon genus. The scientific name became Oncorhynchus mykiss.

For over a century, European taxonomists grouped steelhead with brown trout based on one trait. Steelhead can survive spawning and run multiple times, whereas other Pacific salmon spawn once and die.

Researchers Gerald Smith and Ralph Stearley changed that. Using early computers to analyze bone structures and body traits, they showed steelhead share a direct lineage with Pacific salmon.

DNA testing confirmed those findings. Rainbow trout and steelhead are closer relatives to pink and chum than to Atlantic salmon. The evidence was undeniable.

Taxonomy relies on objective genetics and physical traits. Yet this reclassification caused an uproar because it collided with old cultural assumptions.

Fly anglers hated the change. Traditional fly fishing prized trout for delicate tactics and catch-and-release ethics, while salmon meant commercial nets and food harvest. Calling the prized game fish a salmon felt like a step down to them.

Look at how we think about these fish. Pacific salmon return in massive, predictable runs, making them an ideal food source. Steelhead show up in smaller, scattered numbers. We placed them on a pedestal as a romantic, solitary sport fish.

When people discuss connecting with nature, they often dismiss commercial fishing. But we don’t think about the manner in which all of us can access the food the rivers provide.

We don’t say “commercial teaching” or “commercial carpentry.” We accept work as a normal way people earn a living. We rarely even say “commercial farming” either, since growing food is simply how we feed communities and accepting money for labor is a no-brainer.

Few people catch wild food for fun. Sport fishing is fine on its own, but prioritizing recreation over food production for whole communities pushes a false story about “game fish.” Fishing has always been something people have done to provide a means of support for themselves, their families, and their communities. There is dignity in labor, and fishing is labor and fish are food.

The fish in those fourteen wooden boxes were Oncorhynchus mykiss. They were always salmon. And they were always food. They were traded and harvested for generations before European settlement and currency-based economics. Steelhead were always part of a regional economic system.

Nobody in Aberdeen in 1929 called them mykiss. Back then, official records called them Salmo gairdneri. This set up decades of battles over words and what they mean.

The movement to turn steelhead into a protected game fish, literally the words we choose to describe an animal, created a false split between sport angling and harvesting fish to feed families. State agencies tried to dismiss treaty economies that relied on salmon for livelihood and food. Court decisions and genetic research eventually confirmed that tribal treaty rights are supreme federal law and that steelhead have always belonged to the Pacific salmon family.

HB 2554 and the Long Shadow of Initiative 456

A relic of institutionalized racism has lived in a corner of Washington State law for over 40 years. As House Bill 2554 moves through the 2026 legislative session, that language is finally on the verge of being wiped clean.

The bill seeks to remove the statutory leftovers of Initiative 456. It was a ballot measure passed in 1984 during a time of intense anger toward tribal sovereignty. Similar repeal efforts made very little headway in 2010 and 2021, but the persistent work of Representative Debra Lekanoff has finally pushed the bill onto the governor’s desk. I wrote about this history five years ago, but I want to revisit it again.

It did receive a strange amount of opposition in the House. Most of that dissent focused on the technicality of repealing a voter-approved initiative rather than a defense of the words themselves.

To understand why this repeal matters, we have to look back at the concerted efforts to dismantle tribal treaty rights that followed the Boldt Decision.

The roots of Initiative 456 go back to the immediate aftermath of 1974’s U.S. v. Washington (the Boldt Decision). When the Supreme Court finally upheld Judge Boldt’s ruling in 1979, it did so against a backdrop of defiance. It is important to remember that the Supreme Court did not just uphold the Boldt Decision itself. It ruled on a group of cases that were actively trying to overturn it. These cases started in local courts and wound their way through the State Supreme Court and finally into federal courts. They were an effort by private actors (like fishing charter owners) to force the state of Washington to stop recognizing the sovereignty of treaty tribes in salmon management.

This era of resistance is best captured through the words of the Ninth Circuit Court of Appeals. Judge Alfred Goodwin wrote the appeals-level decision in the “Passenger Vessel” case. He did not hold back regarding the state’s behavior. Goodwin was born in Bellingham and spent his youth in the Pacific Northwest. He eventually became one of the most respected judges in the country.

He observed that the resistance to tribal rights was uniquely aggressive. He wrote: “Except for some desegregation cases …, the district court has faced the most concerted official and private efforts to frustrate a decree of a federal court witnessed in this century.”

This comparison to the Jim Crow era South was not an exaggeration. He was writing in the 1970s when the comparison to the legal opposition to school desegregation was fresh and real. It was a direct reflection of the legal and physical blocks put in place to prevent tribes from using their court-affirmed right to half of the harvestable salmon.

In our own backyard, the Thurston County Courthouse was a stage for this resistance. Local judges, including Gerry Alexander, found themselves in a jurisdictional tug of war. Groups like the Washington State Commercial Passenger Fishing Vessel Association sued state agencies in local courts. Judges like Alexander would rule in their favor, leaning on state law. The groups wanted the state to stop complying with federal orders. They argued that the fifty percent allocation violated the equal protection clause of the state constitution. They were essentially trying to use state law to override federal treaty obligations.

When the U.S. Supreme Court finally used the Supremacy Clause to cancel these state judgments, the opposition did not give up. It just moved from the courtroom to the ballot box.

Initiative 456 was born from this shift in tactics. It was organized by a group called S/SPAWN, which stood for Steelhead and Salmon Protection Action for Washington Now. The measure was a masterclass in mom and apple pie political framing. Supporters admitted to writing the ballot title to sound deceptively wholesome. They wanted to avoid any immediate association with the controversial Boldt Decision. By focusing on the decommercialization of steelhead and claiming that state natural resource management should not consider special rights based on race, they confused a lot of voters. Polling at the time showed that half of the voters were undecided. Many were simply confused by the technical language.

This confusion is born out in the results. Initiative 456 had the third largest voter drop-off of any statewide election on the 1984 ballot. Only insurance and lands commmissioner races drew fewer voters. Initiative 464 (which dealt with sales tax on cars) had the most voters. Initiatives show up at the top of the ballot, so for over 28 percent of voters to drop off between one initiative and the next, and then to turn back around and vote in other races, it means something. If 75 percent of the voters who didn’t vote on 456 had voted against it, the initiative would have failed.

Despite a massive coalition of opposition, the initiative passed in all but four counties. This opposition coalition included Senator Dan Evans, church leaders, environmentalists, and even major timber companies. They argued the initiative was racist and illegal under the Supremacy Clause. They also warned that it threatened international fishing treaties with Canada.

The opposition campaign did not do its job to turn the undecided votes into no votes. Looking back at last week’s essay on pragmatism, I could see a simpler argument was possible, focusing on “we’re a serious state, we need to focus on bigger things and not let opposition to treaty rights define us” being an easy reason to vote no. But the populist appeal of “equal rights” carried the day. It was framed as the removal of special tribal privileges.

The 456 longtail

While the initiative was largely a message to Congress with no immediate power to override federal law, it stayed a strong political tool for years. Senator Slade Gorton tried to implement the core goals by introducing a federal bill in 1985. He wanted to ban tribal commercial steelhead fishing. The effort failed and even created a rift among conservatives. Senator Dan Evans joined the Reagan administration in speaking out against it.

However, the spirit of I-456 was kept alive by later Republican candidates for governor like Bob Williams (1988) and Ken Eikenberry (1992). Both insisted they would enforce the initiative if they were elected. Eikenberry’s endorsement showed that anti-tribal sentiment stayed embedded in the state’s conservative platform for years after the initial vote.

Another reason why 456 mattered was that the tribes’ work wasn’t done in the 1980s. A year after Bob Williams lost in the governor’s race, the tribes went back to court to reaffirm their treaty rights to shellfish, just as they had done in the 1970s for salmon. The decision to expand the federal understanding of treaty rights was not firm, and the tribes did not understand where exactly this new fight would end. Eventually, spanning the time of the Eikenberry campaign, the tribes would win reaffirmation of 50 percent of the shellfish harvest in 1995. But it was a possibility that with shellfish and its corresponding issues of private shellfish companies and private property rights on beaches, the treaty rights structure would fall apart.

Also by the mid-1990s, I-456 began to lose its relevance. The state started to transition toward more stable co-management. Tribal political power grew significantly. Campaign donations increased from the tens of thousands to hundreds of thousands of dollars. As the state and tribes moved further into what people called the “dawn of cooperation,” the aggressive tactics of the 1970s started to look outdated. Although the language of the initiative stayed in the Revised Code of Washington, it was seen as dead law. It was unenforceable because federal treaties are the supreme law of the land.

If you look at the actual text of RCW 77.110, you can see why it’s so problematic. It claims that the state should not recognize any rights to natural resources based on “ancestry” or “race.” This sounds fair on a very surface level, which is why the “Mom and apple pie” strategy worked so well. But in the context of Indian law, this is a direct attack on the political status of tribes. Treaties are not based on race. They are agreements between sovereign nations. By trying to redefine treaty rights as racial privileges, the writers of I-456 were trying to strip away the legal foundation of tribal sovereignty.

Our history can have a haunting presence.

There is a current lawsuit filed by Fish Northwest against the Washington Department of Fish and Wildlife following the same pattern as the Passenger Vessel era lawsuits in the 1970s. Fish Northwest is an interesting group that has picked up anti-tribal sentiment that has found new energy over the past 10 years or so. Their litigation strategy echoes the past efforts by trying to cancel current fishing rules through state administrative law. It was filed in the same Thurston County Superior Court that hosted the original post-Boldt challenges. Currently, Fish Northwest is challenging salmon fishing seasons by claiming the state failed to follow procedures like the Regulatory Fairness Act.

The parallels are striking. The state describes the current lawsuit as a backdoor attempt to attack a federal agreement in state court. This happened after Fish Northwest was denied the right to join the federal U.S. v. Washington case directly. The underlying motive is still the same old “Fair Share” grievance. It is a long-standing belief that non-treaty fishers are not getting their due.

In July 2025, a Thurston County judge granted part of their petition. The judge found that the state’s rules were invalid because they failed to conduct a required Small Business Economic Impact Statement. This is a clever evolution of the 1970s and 1984 tactics. Instead of attacking treaties directly, they are using the language of “regulatory fairness” and “small business protection” to gum up the works.

This small business angle is particularly cynical. It frames the state’s cooperation with tribes as a burden on local economies. It ignores the fact that tribal fishing is also a massive economic driver for the region. While the state is currently appealing this ruling, the case represents a spirit that refuses to see tribes as partners. It is an attempt to run around decades of established case law.

As HB 2554 nears the governor’s desk in 2026, it serves as more than just a legislative cleanup. It is a formal rejection of the era of frustration described by Judge Goodwin. By removing the language of Initiative 456, the state is closing the book on an era that tried to turn Washington back into a battlefield of resistance.

Legal challenges like the one from Fish Northwest will probably keep happening. But they will no longer have the comfort of seeing their ideas reflected in our state laws. The meaningless words are finally being stripped away. This leaves room for a future defined by working together rather than constant conflict. We’ve spent forty years with these words on the books. It’s about time we stop letting the past dictate how we manage our future.

Why I eat steelhead

When I see steelhead on the menu, I order it. Always.

My May 2 steelhead burger in Portland.

It is a thing in Cascadia that people refuse to eat steelhead. Not because they don’t like fish. They love fish. Specifically, they love steelhead.

They fish for steelhead and sometimes they’ll kill and keep their catch. Many of them hook and land steelhead, but more than a few kill them for their own food.

Where they draw the line is steelhead being sold as food.

So, maybe this post should be titled: why I buy steelhead to eat.

Because the dividing line seems to be that selling the fish is a sin. And, this is the notion I don’t buy.

The movement to make steelhead a game fish began after World War I in Cascadia. The decommercialization (aside from a few tribal fishermen) was complete by the 1930s. There’s a lot of history in those years leading up to today, but today only tribal fishermen are allowed to catch steelhead for commercial sale.

So, the steelhead burger I enjoyed in Portland about a month ago was more than likely tribally-caught.

This line drawing between commercial fish and game fish, fish you can buy and eat and fish that only sportsmen can catch is actually as old as sports fishing.

Treatyse of Fysshynge wyth an Angle, printed in 1496 is the first record of sport fishing. And, it also marks the economic and political division of game fish. In England, the game fish (salmon and trout) were reserved to nobles. While course fish (pike, carp, perch, etc) were available to common people.

This concept of game fishing, marking off species from commercial fishing, found new blood in the United States in the last 100 years. Especially since the founding of the Coastal Conservation Association in the 1970s, the game-fishication of certain species hit high speed.

I believe that people should be able to live from fishing. And, I believe that steelhead are no different than any other salmon.

This isn’t an argument about salmon management or catching the last fish. Obviously, if there aren’t enough fish to sustain a fishery, we shouldn’t fish. What I’m arguing against is choosing only one group to have access to a certain species.

If you reached back down to the first decade of the 1900s and looked for steelhead references in newspapers, you’d see a commodity price listing for “steelhead salmon.” This fish was usually less expensive than chinook salmon, it was a middle of the road and less plentiful option to larger salmon.

There’s nothing special to report about its taste either. In the handful of times I’ve eaten steelhead, I’ve noted nothing particularly good about it. But, I always order it.

Because steelhead is food, which means commercial fishermen should be able to fish on healthy runs and sell their catch.

Like the nobles and game fish of England, game fish designations create separate classes of people who can and can’t access fish. I don’t fish. It isn’t an economic choice for me, I could certainly afford to if it called to me and I had time. But, I don’t fish. Which means I’m mostly cut out of eating steelhead, unless I can track it down.

But, steelhead belong to all of us. That there are some steelhead runs in Washington that are healthy enough is the result of our collective political will to hold off annihilating them, paving them under, replacing their habitat with ours, the way we’ve done it since Treatyse of Fysshynge wyth an Angle days.

David Montgomery traces this destructive history in King of Fish. He points out that from England to Cascadia, we’ve followed the same pattern. Fishing, weak laws, habitat destruction, and fish disappear from England, New England then Cascadia.  While he doesn’t point directly to it, I draw another comparison to us repeating our fish history, that only a few are connected to the fish because they’re game fished.

I eat steelhead because they’re our state fish and I am as responsible for their fate as anyone else.

UPDATE (6/23/14 7:40 p.m.): Boy, this post sure did get around today!

So, I thought about how best to respond to the comments that have been coming in all day, and instead of taking them inline, I’ll try to do a FAQ here as a post update.

1. Yes, I work at the NWIFC as an information officer. Which would help explain my interest in this topic, but not show some sort of shill-factor. I have no problem doing my job at work. The perspective I wanted to bring here was from me as a citizen and a consumer. Obviously I’m informed by my work, but that is obviously something I should have disclosed originally.

2. Steelhead are not in danger of being extinct across their entire range.

3. A good point was made that the steelhead I end up buying could be farmed rainbows. Excellent point. I just assume they’re commercially caught, I have no actual evidence though.

© 2026 Olympia Time

Theme by Anders Noren — Up ↑