Tag Archives: fishing rights
Here (scroll down to the second audio player).
Here is Quileute & Quinault’s response, addressing issues such as whether the Stevens treaties must be read together, the meaning of “fish” and whether U&As are species-specific, the proper use of the canons of construction, and what we know of … Continue reading →
Audio and video. Opening and answer briefs. Lower court materials here and here.
Decision is here: ocean case decision. Bottom line: Quileute has fishing rights 40 miles offshore, and Quinault has rights 30 miles offshore. Previous coverage is here.
Here: Tribal Brief US Brief Indian Law Professors Pacific Coast Federation of Fishermen’s Associations
Here: State’s Opening Brief Update: Oregon Amicus Lower court materials are here.
Judge Martinez Issues Permanent Injunction Favoring Treaty Tribes in U.S. v. Washington Culverts Subproceeding
HUGE. Here is the order (briefs shortly): 752 – Memorandum and Order Granting Perm. Injunction Tribal Supplemental Brief US Supplemental Brief Washington Supplemental Brief UPDATE: Perm Injunction Judge Martinez’s 2007 order (and materials) is here.
In Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, the Supreme Court of Canada recently (Nov. 10) dealt a serious blow to any tribes wanting to engage in commercial fisheries within their traditional territories. The unanimous, 7 judge court … Continue reading →
In August, Judge Martinez granted the Stevens treaty tribes’ motion for summary judgment in the culvert subproceeding. Here are some of those materials: Tribal Motion for Summary Judgment State Motion for Summary Judgment District Court Opinion