Investor Presentaiton
H
UNITED STATES V. OREGON
(1969 - US DISTRICT COURT - DISTRICT OF OREGON)
I APPROPRIATE STANDARDS
"This court cannot prescribe in advance all of the details of appropriate and permissible regulation of the
Indian fishery, nor do the plaintiffs ask it to. As the Government itself acknowledges, 'proper anadromous
fishery management in a changing environment is not susceptible of rigid pre-determination. *** the
variables that must be weighed in each given instance make judicial review of state action, through
retention of continuing jurisdiction, more appropriate than overly-detailed judicial predetermination.' The
requirements of fishery regulation are such that many of the specific restrictions, particularly as to timing
and length of seasons, cannot be made until the fish are actually passing through the fishing areas or
shortly before such time. Continuing the jurisdiction of this court in the present cases may, as a practical
matter, be the only way of assuring the parties an opportunity for timely and effective judicial review of
such restrictions should such review become necessary." 302 F. Supp. 899, 911.View entire presentation