Bolt decision injured on Friday! [Archive] - Fly Fishing Forum

: Bolt decision injured on Friday!


OC
12-21-2002, 06:18 PM
Funny how over the last few weeks we have been discussing the Samish tribe and the Bolt decision and if there will be openings in what was once thought an inpenatrable law or decision.

Out of no where yesterday comes a new decision from a federal appeals court stunning experts in indian law. A three-judge panel of the 9th circuit court of appeals has forbade the Makah from hunting gray whales until the goverment conducts a full blown environmental analys and that goverment and tribe conply with Marine Mammal protection Act.

WHAT DOES THIS MEAN? Masson Morisset, an indian-law expert who three decades ago successfully represented several tribes before the U.S. Supreme Court in the famous Bolt Decision said; "This is startling, It could expose Treaties to all Kinds of assualts Treaties have been supreme law of the land and general applications have not overridden them. Now this will not be the case".

Makah trible attorney John Arum said the decision was devistating beyond whaling because the Endangered Species Act will now take precedence over treaty rights and that the tribes will not be able to fish salmon. Basiclly the Bolt Decision has been wiped out.

This is going to interesting but I caution all to tread lightly. After all the case was brought to the courts by the friends of animals. Also if we are able to change how the indians fish in the future we must do it with some type of class.

loco_alto
12-21-2002, 09:29 PM
have there been prior challenges to America Indian treaty rights with respect to endangered species in the past? It would be a surprise to me if this was the first legal challenge of this sort (not that I know anything about the law, or treaties rights, or any of that), but I'd be glad to see them held to task in conservation just the same.

fredaevans
12-21-2002, 09:54 PM
Good Go Loco! And, OC, wonderful you'd post this to the Board.

Maybe, just maybe, common sense (a very rare commodiity) will come to the fore.
fae

Keyboard control the pits, 15# of LOVE ME NOW cat in my lap.
Sheesh.:D

flytyer
12-21-2002, 10:58 PM
OC,

This is very good news, and the Makah are trying to spin it into something that makes it sound less bad. It is about time that the federal courts decided that the Endangered Speicies Act or Marine Animals Act overrides a tribe's treaty right.

This also means that the Tribes are going to be subject to fishing restrictions on rivers where there are endangered salmon. All it is going to take for this to be reality is a court challenge to tribal fishing in a river when an endangered or threatened species is also in the same river. No wonder the tribal attorneys and tribes are upset with this 9th Circuit Court of Appeals decision. And it came at a good time with the Rothstein decision on the Samish Tribe's try at opening E.S. v. Washington (Boldt decision).