indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit allows Lummi Nation to pursue fishing rights claims

Filed Under: Environment | Law
More on: 9th circuit, jamestown sklallam, lower elwha klallam, lummi, port gamble sklallam, treaties, washington
     


Members of the Lummi Nation take to the waters. Photo from Lummi Nation

The Lummi Nation will be able to pursue its treaty fishing rights claims thanks to a decision from the 9th Circuit Court of Appeals on Tuesday.

By a 2-1 vote, the court said a part of the tribe's "usual and accustomed" fishing grounds have not been determined. The Jamestown S’Klallam Tribe, the Lower Elwha Klallam Tribe and the Port Gamble S’Klallam Tribe had been trying to exclude the Lummi from certain areas.

A prior decision in the dispute is "ambiguous regarding whether the waters immediately to the west of northern Whidbey Island are included within the Lummi U&A, and accordingly that this issue has not yet been decided explicitly or by necessary implication," the court stated.

The dispute is a sub-proceeding in the long-running U.S. v Washington fishing rights case. In 1974, the late Judge George Hugo Boldt held that tribes in the state were entitled to half of the entire catch.

Since then, several tribes have been litigating the areas where they can and cannot fish. The dispute between the Lummis and the Sklallam tribes dates back to 1989.

The 9th Circuit has posted the oral argument from Friday's hearing. Turtle Talk has posted documents from the appeal and the lower court case, US v. Washington, sub-proceeding 11-02 .

Get the Story:
Reversal by 9th in Tribal Fishing Rights Dispute (Courthouse News Service 8/20)

9th Circuit Decision:
Lower Elwha Klallam Indian Tribe v. Lummi Nation (August 19, 2014)

Related Stories:
Lummi Nation argues for treaty fishing rights in disputed areas (04/15)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tribes mount another fight after Trump approves another pipeline (3/24)
Native Sun News Today: Navajo elders continue long fight on land (3/24)
Editorial: Just another day of trying to keep up with the Trumps (3/24)
Elizabeth LaPensée: Video games encourage indigenous culture (3/24)
Mary Annette Pember: Native women work with youth offenders (3/24)
Tiffany Midge: Trump continues to conjure hero Andrew Jackson (3/24)
John Kane: Seneca Nation money train coming to end in New York (3/24)
Grand Ronde Tribes secure approval of school mascot agreement (3/24)
Editorial: Federal recognition for tribes in Virginia is long overdue (3/24)
Seneca Nation ends casino payments after sending $1.4B to state (3/24)
Appeals court hears slew of Indian cases amid focus on nominee (3/23)
Internal tribal disputes continue to trip up federal court system (3/23)
Mark Trahant: Indian health care gains ignored in political debate (3/23)
Native Sun News Today: Young fighters maintain Lakota tradition (3/23)
Ivan Star Comes Out: America loses its self-respect and humanity (3/23)
Rosalyn LaPier: Why water remains sacred to indigenous peoples (3/23)
Winona LaDuke: North Dakota spreads filth about water protectors (3/23)
Harold Monteau: Tribal governments are abusing their own people (3/23)
Alex Jacobs: Donald Trump in middle of the 'deep state civil war' (3/23)
Secretary Zinke announces 'doggy days' for Interior Department (3/23)
Keystone XL Pipeline route crosses Ponca Tribe's forced removal (3/23)
Indian lawmaker resigns after being charged for child prostitution (3/23)
Pinoleville Pomo Nation buys site of long-delayed casino project (3/23)
High court pick acknowledges poor treatment of 'sovereign' tribes (3/22)
Dakota Access submits another status update entirely under seal (3/22)
Court allows claim for alleged underpayment in Cobell settlement (3/22)
South Dakota tribes continue to extend Class III gaming compacts (3/22)
Cowlitz Tribe secures approval to offer liquor as casino debut nears (3/22)
Native Sun News Today: Community project continues at Pine Ridge (3/22)
Cronkite News: Copper mine on sacred site complains about delays (3/22)
Mary Annette Pember: Awareness for missing and murdered sisters (3/22)
Stacy Pratt: Visiting the gravesite of Andrew Jackson in Tennessee (3/22)
Murder charge filed for fatal shooting of Navajo Nation police officer (3/22)
Muckleshoot Tribe still seeking answers for fatal shooting by officer (3/22)
Hopland Band submits claim for county raid of marijuana operation (3/22)
Chukchansi Tribe sued for $21M by gaming development company (3/22)
Seminole Tribe accused of breaking contract with outlet at casino (3/22)
Indian Child Welfare Act survives attack from conservative groups (3/21)
Senate Committee on Indian Affairs schedules hearing on diabetes (3/21)
Ponca Tribe hosts 282-mile walk to retrace trail of forced removal (3/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.