Judge finds man illegally fished on tribal land

A judge rejected the arguments of a man who claimed that despite his non-Indian status, he could legally fish alone in the Nisqually Treaty Indian Fishery because he is married to a member of the Nisqually tribe.

Thurston County Superior Court Judge Christine Pomeroy convicted Larry Patrick Guidry of 10 felonies connected to his 2005 arrest by state Fish and Wildlife officers. The arrest came after Guidry, 41, sold more than 4,200 pounds of chum salmon caught during three days in December 2005, earning $1,627.

Guidry's three-day bench trial before Pomeroy pitted Nisqually code, which allows a non-American Indian spouse of a Nisqually member to use tribal fisheries, against state law. Washington law states that "it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of fish or shellfish in a treaty Indian fishery."

State law allows spouses of Indian members to assist in exercising tribal fishing rights, but only "when the treaty Indian fisherman is present at the fishing site."

In her ruling, Pomeroy said, "The non-Indian member has to comply with the state statute."

Guidry's sentencing is set for 9 a.m. today before Pomeroy. He faces a maximum of five years in prison and a $10,000 fine for each of his 10 felony counts.

Guidry's attorney, Richard Woodrow, said he will appeal the verdict. Woodrow argued at trial that established case law has set a precedent that the Nisqually code, not state law, should have been applied to Guidry's fishing.

According to court records:

Fish and Wildlife officers began their investigation of Guidry in January 2005, after an officer saw Guidry among a group of people selling salmon with a "fresh salmon for sale" sign just outside the Nisqually Indian Reservation. The officer learned that Guidry did not have a commercial license to sell salmon but that he was married to a Nisqually tribal member.

The officer sought legal advice from the Washington Attorney General's Office, and an attorney there said that the fishing was illegal unless Guidry's wife was with him on the boat.

In December 2005, Fish and Wildlife officers observed Guidry fishing with a drift net, alone, and catching a commercial quantities of chum salmon. On other occasions, they saw Guidry use a gill net and a "large stick to spear the fish and toss them into the totes."

Outside court Wednesday, Woodrow said Guidry has used the Nisqually Treaty Indian Fishery for more than 15 years, and the tribal government knows and does not oppose it.

"He's not guilty," Woodrow said.

Guidry's wife, Lorena, cried after Pomeroy announced the verdict. Guidry, who is in prison for a conviction on an unrelated matter, told Pomeroy that his wife has cancer, and he would like to spend time with her and their 18-year-old daughter.

Outside court, Lorena Guidry said the tribal law should apply to her husband, calling the legal proceeding against him "a vindictive case." She said the Fish and Wildlife officers have it out for her husband.

Jeremy Pawloski covers public safety for The Olympian. He can be reached at 360-754-5465 or jpawloski@theolympian.com.