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
Sovereignty and E-Commerce:  Innovating and Reshaping the  Borders of Indian Country - Arizona State University Third Annual Tribal Government E-Commerce CLE Conference
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:
Senate committee postpones vote on Trump's Dakota Access ally (1/24)
Standing Rock Sioux Tribe focuses on battles as Trump takes office (1/23)
Interior nominee Ryan Zinke set for first Senate confirmation vote (1/23)
Bureau of Indian Affairs finalizes one last rule from the Obama era (1/23)
Tim Giago: Rapid City mayor points the finger at Native community (1/23)
Mark Trahant: Prepare for tribal budget cuts under President Trump (1/23)
Lakota Country Times: New group takes action for Pine Ridge youth (1/23)
Denver American Horse: Ringing in a new year with our sovereignty (1/23)
Ivan Star Comes Out: Unresolved trauma affects Lakota way of life (1/23)
Cronkite News: Havasupai students sue over failures in education (1/23)
Deron Marquez: Electoral College protects the Indian voter's voice (1/23)
Steven Newcomb: Museum hides truth about invasion of tribal land (1/23)
Lakota Country Times: New Oglala Sioux leader encourages youth (1/20)
Native Sun News Today: A new leader for Great Plains tribal group (1/20)
Native Sun News Today Editorial: It's a new era for Indian Country (1/20)
Mark Charles: Decoding Trump's bid to 'Make America Great Again' (1/19)
Lakota Country Times: Another year of big news in Lakota territory (1/19)
Native Sun News Today: DefundDAPL billboard goes up in New York (1/19)
Vi Waln: Let's kick our smoking and tobacco habit in Indian Country (1/19)
Terese Mailhot: Native women care what happens to all our sisters (1/19)
Leonard Peltier remains behind bars as Obama rejects clemency (1/19)
Department of the Army takes the lead on Dakota Access Pipeline (1/18)
Dakota Access executive confirms crude already placed in pipeline (1/18)
Bureau of Indian Affairs releases annual listing of recognized tribes (1/18)
Lakota Country Times: Rosebud Sioux Tribe opens homeless shelter (1/18)
Native Sun News Today: Northern Cheyenne focuses on foster care (1/18)
Brandon Ecoffey: Be safe and be prepared as winter hits the plains (1/18)
Disenrollment epidemic affects dozens of tribes across the nation (1/18)
New battle opens as Dakota Access disputes environmental review (1/17)
Judge declines to block publication of Dakota Access Pipeline notice (1/17)
Standing Rock Sioux Tribe responds quickly to Dakota Access threat (1/17)
President Obama names first members of Native youth commission (1/17)
Tim Giago: Discovering a love for food at an Indian boarding school (1/17)
Lakota Country Times: Historic decision for Indian Child Welfare Act (1/17)
Native Sun News Today: Pine Ridge teams fight it out at the buzzer (1/17)
Delphine Red Shirt: Tournament is a testament to our Native youth (1/17)
Native Sun News Today Editorial: News for ranchers in the new year (1/17)
Gyasi Ross: Let's divest from DAPL and support Native owned banks (1/17)
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.