treaty rights

Salmon Spawning & Recovery Alliance v. Lohn — Puget Sound Salmon Management Plan

Matthew L.M. Fletcher

The Western District of Washington upheld this government/tribal resource management plan. From the opinion:

This case concerns a challenge to two decisions by National Marine Fisheries Service (“NMFS”) involving Puget Sound Chinook salmon: the approval of a resource management plan prepared by the Puget Sound Indian Tribes and the Washington Department of Fish and Wildlife (“WDFW”), and the biological opinion issued by NMFS regarding the effects of its decision to approve the plan.

Slip op. at 1-2. Here are the materials:

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Vann v. Kempthorne D.C Circuit Oral Argument Scheduled

Matthew L.M. Fletcher

The oral argument is scheduled for May 6, 2008, before Circuit Judges Tatel, Garland, and Griffith.

Here is the order.

AP: Michigan Tribes Object to Michigan Water Legislation

Matthew L.M. Fletcher

From the AP:

TRAVERSE CITY, Mich. (AP) — An American Indian tribe says bills pending in the Legislature to regulate high-volume water withdrawals would violate its rights by reducing fish populations in some rivers and streams.

Officials with other northern Michigan tribes also are raising concerns about the measures, pending in the House and Senate. The two versions are similar, but have differences that sponsors are trying to work out before floor votes are taken.

The bills would regulate withdrawals of more than 200,000 gallons per day from rivers and streams — or from underground aquifers — for commercial uses such as farming and manufacturing.

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Canadian Anishinabek First Nation Protests Against Mining Exploration

Matthew L.M. Fletcher

THUNDER BAY, ON, March 17 /CNW/ – Anishinabek Nation leadership are
demonstrating their support for a Treaty 9 community whose chief was prepared
to go to jail for refusing to allow a mining company to conduct exploration
activity on traditional territory.

Deputy Grand Chief Glen Hare represented the 42 member communities of the
Anishinabek Nation at the Ontario Superior Court building today where
Judge Patrick Smith sentenced Chief Donny Morris of Kitchenuhmaykoosib
Inninuwug and six council members to six months in prison for contempt of
court. The councillors of the fly-in First Nation about 600 km north of
Thunder Bay defied an Oct. 25 court order granting Platinex Inc. access to
Big Trout Lake, which the First Nation claim as ancestral land.

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Federal Plea Deal with Makah Whalers Falls Apart

Matthew L.M. Fletcher

From the Seattle Times:

TACOMA — A plea agreement expected from five Makah whalers this afternoon fell apart when the whalers realized that the U.S. government planned to restrict their future whale hunts.

Federal authorities expected the five tribal members who killed a gray whale during an unlicensed hunt last September to sign off on the plea — which would have kept the whalers from serving jail time.

Because they declined to take the plea deal, the whalers still face up to one year in custody, a $100,000 fine, up to five years of probation and possible community service. The five men will return to court Thursday with either a new plea agreement worked out or to make plans for the case to go to trial.

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Cross-Deputization Concerns in Manistee

Nick Reo

Glenn Zaring, Communications Director of the Little River Band of Ottawa Indians, recently wrote an article for the Ludington Daily News regarding the reluctance of Manistee County to cross-deputize and work cooperatively with LRB law enforcement. He poses some important questions in the article that highlight some of the divisive issues in the region

http://www.ludingtondailynews.com/news.php?story_id=39440#comments

EXCERPT: 

For years now, the controversy over cross-deputization of tribal police officers in Michigan has been swirling here in Manistee County. Not in other areas, just here! The 11 other tribes in Michigan have good relations with their local law enforcement authorities and are cross-deputized. They are also integral components of the law enforcement picture protecting and serving all of their counties’ residents. County prosecutors and sheriffs welcome the assistance of tribal law enforcement officers in maintaining law and order and defraying the costs that would otherwise be borne exclusively by county taxpayers.

Why is Manistee County so far out of the mainstream? Why has Manistee County ignored the wishes of the U.S. Attorney General’s office to cross-deputize the officers of the Little River Band of Ottawa Indians? Why does the county believe the accepted and successful practice across the state of cross-deputizing tribal officers cannot work here? Why do the Manistee County Commissioners and sheriff want to ignore the opportunity to expand the abilities of law enforcement to serve all of the county residents — at no cost to the county?

Grand Traverse Band Opposition to Michigan Water Withdrawal Legislation

Matthew L.M. Fletcher

Thanks to Bill Rastetter.

GTB Letter to House

GTB Letter to Senate

NPR: Makah Views Whalers as Heroes and Nuisances

Matthew L.M. Fletcher

From NPR:

Listen

All Things Considered, March 12, 2008 · Five Makah Indians are due in federal court next month to face charges of illegally killing a gray whale in the waters off Washington state. The men say they did it out of frustration: Their tribe has a recognized treaty right to hunt the whales, but it has been waiting years for a government permit.

The hunters’ actions have had more than just legal consequences. The rest of the tribe has come to see them as both troublemakers and heroes.

Wayne Johnson, one of the men, says he’s afraid to go back to the Makah reservation and face the leaders of his tribe. His troubles started on a sunny day last September, when he decided he was no longer going to wait for a government permit to go whaling.

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Protecting the St. Mary’s Waterway

Matthew L.M. Fletcher

From the Sault (Ont.) Star:

First Nations will bridge the river to protect the St. Mary’s on World Water Day, March 22.

Elders from both sides of the border will share their knowledge about water ceremonies and raise awareness about the need to protect local waterways. Garden River and Batchawana First Nations, Sault Tribe of Chippewa Indians and the Bay Mills Indian community will all be on hand.

The four tribes first came together in 2004 to sign the Tribal and First Nations Water Accord, under which they work to influence the Canadian and U.S. governments to protect St. Mary’s River and its ecosystems.

The event takes place from 9:30 a.m. to 3 p.m. at the Sault Tribe Cultural Building in Sault, Michigan. Traditional food will be served, bring a dish to pass.

Ellen Kohler on Water Management in Michigan

Matthew L.M. Fletcher

Ellen Kohler has published “Ripples in the water: judicial, executive, and legislative developments impacting water management in Michigan” as the lead article in Volume 53 of the Wayne Law Review.

Here is the introduction to this interesting paper:

Michigan is defined by water. The two peninsulas touch four of the five Great Lakes, creating 3,300 miles of Great Lakes shoreline. We enjoy 35,000 inland lakes and ponds, and 34,000 miles of rivers. Michiganders are very aware of our surface waters-we swim, fish, and boat in them. We see them on our maps of the state.

The water underground is more of an afterthought. Most of us don’t know how far underground the water is, where it is, or how it moves. Yet, groundwater is essential for our public health, safety, and welfare.

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