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AGO Opinions with Topic: DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES
AGLO 1978 No. 33 >  October 23, 1978
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - FISH - INDIANS - DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- FISH ‑- INDIANS ‑- DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES For lack of statutory authority (and not because of any constitutional objection), the State Department of Fisheries may not give (i.e., transfer without monetary consideration) surplus edible salmon which have come within its possession or ownership, no matter how obtained, to a federally-recognized Indian tribe (or individual members thereof)‑-except in the case of spawned-out salmon and salmon in spawning condition to the extent permitted by RCW 75.12.130; the department may, however, sell any such other salmon to a federally-recognized Indian tribe for whatever price may be agreed upon between the department and the tribe rather than (necessarily) full market value.
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