And now:Ish <[EMAIL PROTECTED]> writes: >Date: Thu, 24 Dec 1998 16:14:13 -0800 >From: Tom Schlosser <[EMAIL PROTECTED]> >Organization: MSAJ Seattle 206 386 5200 >X-Mailer: Mozilla 4.05 [en] (Win95; I) >To: Triballaw mailing list <[EMAIL PROTECTED]> >Subject: 9th Circuit treaty shellfish decision at issue in cert petition >Reply-To: [EMAIL PROTECTED] >X-Comment: Nevada Indian Environmental Coalition > >Ninth Circuit constues shellfish proviso of treaty >fishing right > >The Ninth Circuit Court of Appeals substantially upheld the >district court in the United States v. Washington proceedings in late >January. >A link to the case is http://laws.findlaw.com/9th/9635014o.html > >The shellfish case was filed by the tribes in 1989 as a >subproceeding in United States v. Washington State. District >Judge Rafeedie ruled in December 20, 1994, affirming the tribes' >treaty rights to an equal sharing (50%) of all shellfish resources >in Puget Sound that were not "staked and cultivated". Because of >the complexities of the decision the court also ruled that all >fisheries would remain status quo until an implementation >agreement between the tribes and the state was in place. > >The Implementation Order and final judgment issued August 28, >1995, whereupon all parties appealed to the Ninth Circuit.. The >Court on January 28, 1998 rejected defendants' appeals and >affirmed Judge Rafeedie's first decision upholding the tribes' >treaty rights to take all species of shellfish at all places they are >found within each tribes's usual and accustomed areas, including >on privately owned tidelands and in all deep water locations. > >The Ninth Circuit reversed Judge Rafeedie's decision that the >State can stake and cultivate shellfish beds. The tribes have a >right to 50% of all shellfish on State tidelands, regardless of >whether the State enhanced them Restrictions on tribal harvest >on private tidelands were upheld but the court asked Judge >Rafeedie for clarification. > >The defendants' appeal basically failed while the tribes >succeeded partially on cross-appeal. The decision was amended on >petitions >for rehearing. In an earlier post I noted that Washington State now >seeks >review by the United State Supreme Court. > > ><<<< To remove your name from this list send a message to "[EMAIL PROTECTED]" with the message "unsubscribe triballaw" >>>> > <<<<=-=-=FREE LEONARD PELTIER=-=-=>>>> If you think you are too small to make a difference; try sleeping in a closed room with a mosquito.... African Proverb <<<<=-=http://www.tdi.net/ishgooda/ =-=>>>> IF it says: "PASS THIS TO EVERYONE YOU KNOW...." Please Check it before you send it at: http://urbanlegends.miningco.com/library/blhoax.htm
