The opinion of the court was delivered by: CRAIG
The Court, having reviewed the Report and Recommendations of the Magistrate in this matter issued April 7, 1981, conducted a scheduled hearing on April 21, 1981, to consider any objections or views of the parties concerning said report, and having considered all objections, views, and supporting arguments submitted by the parties at or prior to such hearing, together with the pleadings and the record before the Magistrate, now hereby makes the following de novo determination of the matter.
It is HEREBY ORDERED, ADJUDGED AND DECREED as follows:
A. The Report and Recommendations of Magistrate John L. Weinberg dated April 7, 1981, are hereby approved and adopted with the modifications stated below.
B. The Magistrate's determinations of fact (designated as "Factual Setting") are modified by deleting the last sentence of the next to the last paragraph thereof (lines 8-10 of p. 5 of the Report).
C. The Conclusions recommended by the Magistrate are modified and hereby adopted as follows:
1. Defendant's Motion for Temporary Restraining Order or Preliminary Injunction is DENIED.
2. Of the steelhead trout which enter the Quinault River in any given annual run, nontreaty fishermen are entitled to a 50% share of the harvestable portion of those fish which, if not subjected to prior interception, would be expected to migrate above Lake Quinault. Treaty fishermen are entitled to the balance of the harvestable portion of steelhead which enter the Quinault River.
3. All steelhead taken by fishermen count toward their allocation, whether taken on or off the reservation.
4. Hatchery-bred fish shall be treated in the same manner as natural or wild fish.
5. The Fisheries Advisory Board, applying the foregoing principles and utilizing information as to run sizes and distribution, and other available data, should endeavor to determine escapement goals and the respective shares for treaty and nontreaty fishermen of steelhead trout entering the Quinault River.
Dated this 4th day of May 1981.
Sr. United States District ...