Quileute & Quinault response to request for rehearing/rehearing en banc in ocean U&A case

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 the treaty negotiations at issue here.

Previous coverage here.

Makah & State request rehearing & rehearing en banc in dispute regarding Quileute’s and Quinault’s ocean U&A

Makah’s petition is here, and the state’s is here. Among the issues at stake in the case are whether the Stevens treaties must be interpreted monolithically and whether the evidence of whaling and sealing is sufficient to establish fishing usual & accustomed areas.

Brief Guest Post from Craig Dorsay on the Proposed Casino in Bremerton, WA

[In re the article posted here.] I am tribal attorney for Samish, which is mentioned prominently in the article.  The family, which is Samish, has approached the Samish Tribal Council a number of times, asking the Samish Tribe to undertake the project.  Recently the family approached the Samish Tribal Council again, now under the auspices of a California casino developer, raising the proposal again. The Samish Tribe has repeatedly declined the family’s request to pursue this project in Bremerton. Bremerton is not within or near the traditional territory of the Samish Tribe, and the land in question has never been under the governmental jurisdiction of the Samish Tribe. The nearest tribe is the Suquamish Tribe, which likely has the strongest claim to this area.  The Samish Tribe has informed the Suquamish Tribe that it is not part of this project and has no interest in being associated with it in any shape or form.

This is a difficult issue for Samish because as a tribe re-recognized under the Federal Acknowledgment Regulations, Samish has encountered great difficulty in opening its own gaming operation in its territory. Samish was opposed in re-recognition by neighboring tribes – Swinomish, Lummi, Upper Skagit and Tulalip, and those tribes continue to oppose any proposed land into trust and gaming operation by Samish.  The neighboring tribe, Swinomish, through their Chairman, Brian Cladoosby, has raised the Carcieri decision against Samish, including for gaming. While an alternative opportunity to pursue gaming farther away might be appealing, the Samish Tribe has always done the right thing and declined any offer to intrude on the territory or interests of another tribe. Craig Dorsay

Tribal family’s quest to build casino in Bremerton faces hurdles, foes | Local News | The Seattle Times

Here’s an interesting article about a family’s attempt to develop a casino on an allotment they own off-reservation in Bremerton, Washington. The allotment was originally issued to a Quinault tribal member but her descendants, who currently own it, are Samish.