Download or read book Indian Treaty Fishing Rights in the Pacific Northwest written by United States. Bureau of Indian Affairs and published by . This book was released on 1976 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Background Information on Indian Fishing Rights in the Pacific Northwest written by and published by . This book was released on 1976 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pacific Northwest indian treaty fishing rights written by Thomas C. Galligan and published by . This book was released on 1981 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pacific Northwest Indian Treaty Fishing Rights written by Mason D. Morisset and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Power of Promises written by Alexandra Harmon and published by University of Washington Press. This book was released on 2012-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaties with Native American groups in the Pacific Northwest have had profound and long-lasting implications for land ownership, resource access, and political rights in both the United States and Canada. In The Power of Promises, a distinguished group of scholars, representing many disciplines, discuss the treaties' legacies. In North America, where treaties have been employed hundreds of times to define relations between indigenous and colonial societies, many such pacts have continuing legal force, and many have been the focus of recent, high-stakes legal contests. The Power of Promises shows that Indian treaties have implications for important aspects of human history and contemporary existence, including struggles for political and cultural power, law's effect on people's self-conceptions, the functions of stories about the past, and the process of defining national and ethnic identities.
Download or read book Messages from Frank s Landing written by Charles Wilkinson and published by University of Washington Press. This book was released on 2006-01-13 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Billy Frank, Jr., has been celebrated as a visionary, but if we go deeper and truer, we learn that he is best understood as a plainspoken bearer of traditions, a messenger, passing along messages from his father, from his grandfather, from those further back, from all Indian people, really. They are messages about the natural world, about societies past, about this society, and about societies to come. When examined rigorously - not out of any romanticism but only out of our own enlightened self-interest - these messages can be of great practical use to us in this and future years." - Charles Wilkinson, from the Introduction In 1974 Federal Judge George H. Boldt issued one of the most sweeping rulings in the history of the Pacific Northwest, affirming the treaty rights of Northwest tribal fishermen and allocating to them 50 percent of the harvestable catch of salmon and steelhead. Among the Indians testifying in Judge Boldt's courtroom were Nisqually tribal leader Billy Frank, Jr., and his 95-year-old father, whose six acres along the Nisqually River, known as Frank's Landing, had been targeted for years by state game wardens in the so-called Fish Wars. By the 1960s the Landing had become a focal point for the assertion of tribal treaty rights in the Northwest. It also lay at the moral center of the tribal sovereignty movement nationally. The confrontations at the Landing hit the news and caught the conscience of many. Like the schoolhouse steps at Little Rock, or the bridge at Selma, Frank's Landing came to signify a threshold for change, and Billy Frank, Jr., became a leading architect of consensus, a role he continues today as one of the most colorful and accomplished figures in the modern history of the Pacific Northwest. In Messages from Frank's Landing, Charles Wilkinson explores the broad historical, legal, and social context of Indian fishing rights in the Pacific Northwest, providing a dramatic account of the people and issues involved. He draws on his own decades of experience as a lawyer working with Indian people, and focuses throughout on Billy Frank and the river flowing past Frank's Landing. In all aspects of Frank's life as an activist, from legal settlements negotiated over salmon habitats destroyed by hydroelectric plants, to successful negotiations with the U.S. Army for environmental protection of tribal lands, Wilkinson points up the significance of the traditional Indian world view - the powerful and direct legacy of Frank's father, conveyed through generations of Indian people who have crafted a practical working philosophy and a way of life. Drawing on many hours spent talking and laughing with Billy Frank while canoeing the Nisqually watershed, Wilkinson conveys words of respect and responsibility for the earth we inhabit and for the diverse communities the world encompasses. These are the messages from Frank's Landing. Wilkinson brings welcome clarity to complex legal issues, deepening our insight into a turbulent period in the political and environmental history of the Northwest. "The Boldt decision profoundly changed natural resource management in the Pacific Northwest. This book clearly builds an historical base to help guide us today. The wisdom and patience of Billy Frank fill virtually every page. It is required reading for anyone interested in salmon preservation." - Governor Daniel J. Evans "Charles Wilkinson evokes the character and culture of the Nisqually people as well as their deep love for their land. From Chief Leschi to Billy Frank, we see the long thread of cultural continuity, culminating in modern times with this fight for justice." - Ada Deer (Menominee), University of Wisconsin-Madison Charles Wilkinsonis Moses Lasky Professor of Law at the University of Colorado, Boulder. He is the author ofFire on the Plateau: Conflict and Endurance in the American Southwestand numerous other books, including standard texts on Indian and Federal public land law.
Download or read book The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest written by Michael C. Blumm and published by . This book was released on 2006 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteenth century treaties promised Pacific Northwest Indian tribes the right of taking fish in common with the citizens... The meaning of those ten words has produced numerous court decsions in the ensuing century-and-a-half, including a half-dozen from the U.S. Supreme Court. This article explores that case law, and in particular explains how the treaty fishing right evolved from a right to access historic fishing ground (an easement), to a right to be free from state licensing fees and discriminatory regulation (a negative servitude), to a right to an equal harvest share (also a negative servitude, since it restricts non-Indian harvests).An unresolved issue is whether the treaty fishing right protects the habitat necessary to sustain the fish that were the subject of the treaty promise. A quarter-century ago the tribes filed suit, claiming that the treaties implicitly protected fish habitat necessary to make meaningful their treaty-guaranteed right, which the Supreme Court interpreted to be a livelihood, that is to say a moderate living. Although a district court agreed with the tribes, the Ninth Circuit ducked the issue and vacated the lower court decision, due to the fact that it was issued in the absence of a concrete factual dispute.This article argues that, despite the Ninth Circuit's evasion, there is a good deal of case law suggesting that such a right to habitat protection exists, surveying cases involving dams, water rights, timber harvests, and other water-related development projects. The article then attempts to sketch how such a right would function in practice, drawing on pertinent case law and an executive order. The article concludes that the treaty fishing right should be interpreted as a profit a prendre, a venerable real property interest, in this case a piscary profit. Profit-holders may enjoin activities unreasonably interfering with the exercise of the profit, and the article maintains that courts should use this standard to protect the treaty fishing right from habitat damage that interferes with tribal fishing livelihoods.
Download or read book Treaty Fishing Rights and the Northwest Indian Fisheries Commission written by Northwest Indian Fisheries Commission (Wash.) and published by . This book was released on 1980 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Atlas of Pacific Salmon written by Xanthippe Augerot and published by . This book was released on 2005 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: "State of the Salmon, a joint program of Wild Salmon Center and Ecotrust."
Download or read book Treaties Agreements of the Indian Tribes of the Pacific Northwest written by United States and published by . This book was released on 1974 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Indian Treaties Series.
Download or read book Uncommon Controversy written by and published by . This book was released on 1967 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Reform and the Use of the Law as an Instrument of Social Change written by Mary B. Olson and published by . This book was released on 1984 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Background Information on Indian Fishing Rights in the Pacific Northwest written by United States. Bureau of Indian Affairs and published by . This book was released on 1977 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Background Information on Indian Fishing Rights in the Pacific Northwest Rev written by United States--Bureau of Indian Affairs and published by . This book was released on 1976 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indians of the Pacific Northwest written by Vine Deloria, Jr. and published by Fulcrum Publishing. This book was released on 2016-07-06 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pacific Northwest was one of the most populated and prosperous regions for Native Americans before the coming of the white man. By the mid-1800s, measles and smallpox decimated the Indian population, and the remaining tribes were forced to give up their ancestral lands. Vine Deloria Jr. tells the story of these tribes’ fight for survival, one that continues today.
Download or read book Indian Treaty Fishing Rights and Habitat Protection written by Michael C. Blumm and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-nineteenth century, as the pace of American westward expansion accelerated and tension between white settlers and indigenous tribes mounted, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. In exchange for cession of millions of acres of their homeland, the tribes retained the right of taking fish at all usual and accustomed places in common with white settlers. In the 1905 case United States v. Winans, the United States Supreme Court explained that the treaty fishing right constitutes a "servitude upon every piece of land." We have described this servitude as a "piscary profit," a familiar property right at common law that must be exercised free from unreasonable interference. While the universally shared assumption at the time the treaties were signed was that the salmon resource was inexhaustible, in fact the salmon have been in precipitous decline since the late-1800s. This scarcity bred conflicts, which have forced the tribes to enforce their treaty fishing right in the courts for over a century. This article explores the history and contours of the treaty fishing right from 1905 to present, tracing the evolution of the federal courts' understanding that implied within the fishing right is a right of access, a right to a fair share of the salmon harvest, and a right of habitat protection. In particular, the article examines the 2007 Culverts Case, in which Judge Ricardo S. Martinez resoundingly affirmed that the treaty fishing right prohibits habitat-damaging activities that preclude tribes from earning a moderate living through fishing-in this case, the state of Washington's construction and maintenance of fish passage-blocking culverts. The article concludes that not only is Judge Martinez's decision the logical progeny of over a century's worth of precedent, the result is consistent with common law principles of profits. In the end, the Martinez Decision represents the most important treaty fishing rights decision in decades, with the potential to rectify a fundamental unfairness in treaty fishing rights law, which previously provided access to fisheries, allocated harvest shares, and yet allowed destruction of the salmon resource, the central consideration of one of the largest real estate transactions in history.
Download or read book Indian Fishing Rights written by United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Indian Affairs and published by . This book was released on 1964 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (88) S.J. Res. 170, (88) S.J. Res. 171.
