Download or read book Treaty Implied Rights to Habitat Protection written by John C. Ruple and published by . This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Wildlife Stewardship on Tribal Lands written by Serra J. Hoagland and published by JHU Press. This book was released on 2023-05-23 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book brings together Native American and Indigenous scholars, wildlife managers, legal experts, and conservationists from dozens of tribes to share their wildlife stewardship philosophies, histories, principles, and practices. Tribes have jurisdiction over some of the healthiest wild areas in North America, collectively managing over 56 million acres of land. This is no accident: in addition to a deep reverence for the land and a strong history of environmental stewardship, Native peoples implement some of the best fish and wildlife preservation and management practices on the continent. Wildlife Stewardship on Tribal Lands is the first comprehensive resource dedicated to the voices and expertise of Native scholars and wildlife professionals. In its pages, nearly one hundred Native and non-native wildlife conservationists, managers, and their collaborators share lessons to guide wildlife professionals in how best to incorporate native methods and how to work effectively with tribal stakeholders. The authors cover topics that include: • Guidelines for conducting research on tribal lands • Traditional ecological knowledge-based management models • The cultural and ecological importance of key species • Legal battles for treaty rights, management authority, and funding • First foods and food sovereignty • Fisheries and migratory bird management • Tribal perspectives on the Endangered Species Act • A history of modern fish and wildlife management on tribal lands The content of this book is not limited to the invaluable reports of research findings, explications of methodologies, and case studies. Capturing oral histories and spiritual knowledge through interviews with tribal leaders and the work of Native artists and writers honors the holistic awareness of the land offered to readers of this unique volume. Ultimately, the contributors to Wildlife Stewardship on Tribal Lands demonstrate how tribal practices are pivotal guideposts for those seeking to protect and harness our natural resources in ways that can help reverse grievous biodiversity losses and ensure the health of our environment for future generations. Contributors: Scott Aikin, Steven Albert, John Antonio, Dale Becker, Bethany Berger, Kimberly Blaeser, Arthur Blazer, Michael Blumm, Michael Brydge, Ashley Carlisle, Frank Cerno Jr., Sally Carufel Williams, Guy Charlton, Samuel Chischilly, Bob Christensen, Gerald Cobell, Cody Desautel, Lauren Divine, Douglas W. Dompier, Ramona Emerson, Kari Eneas, James Fall, Julian J. Fischer, James R. Floyd, James Gensaw Sr., Michael I. Goldstein, Kim Gottschalk, Shaun Grassel, E. Richard Hart, Dylan R. Hedden-Nicely, Caleb Hickman, Serra J. Hoagland, Kraig Holmes, Nathan Jim, R. Roy Johnson, Jovon Jojola, Tamra Jones, Emily Sylvan Kim, Winona LaDuke, Stacy Leeds, Crystal Leonetti, Aaron P. Lestenkof, Chip Livingston, Lorraine Marquez Eiler, Eric Mellink, Paul I. Melovidov, Lara Mengak, Gary Paul Nabhan, Liliana Naves, Vern Northrup, nila northSun, Raymond E. Paddock III, Lizzy Pennock, Nicole Marie Pete, Aaron Poe, Georgiana Pongyesva, Ken Poynter, Mathis Quintana, Seafha Ramos, Janisse Ray, Vanessa L. Ray-Hodge, Amadeo Rea, Mitzi Reed, Marcie Rendon, Sarah F. Rinkevich, Bruce Robson, Andrea Rogers, Thomas C. Rothe, David E. Safine, Patty Schwalenberg, Kyle Secakuku, John Sewall, Todd Sformo, Richard T. Sherman, Ron Skates, Arthur M. Soukkala, Lawrence Stevens, Juliana Suzukawa, Julie Thorstenson, Gloria Tom, Christopher Tran, Craig van der Heiden, John Wheeler, Jessica Wiarda, Tiana Williams-Claussen.

Download or read book American Indian Sovereignty and Law written by Wade Davies and published by Scarecrow Press. This book was released on 2009-02-04 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.

Download or read book Cultural Plant Harvests on Federal Lands written by Rebecca J. Dobkins and published by . This book was released on 2016 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Policy and Conservation Genetics in a Changing Climate to Protect Treaty Rights and Native Sovereignty written by Ashlee Abrantes and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1850’s, a series of treaties were signed by representatives of some of Washington’s Native communities and the United States. Millions of acres were ceded in exchange for tools of colonialization and reserving the right to fish in the usual and accustomed places Native peoples of what is now Washington have lived and fished on since time immemorial. Treaty promises made by the US were violated immediately after signing and land, water, and fishing rights have been litigated ever since. Decades of anti-Indian sentiment backed by discriminatory laws and regulations in Washington led to the infamous “Fish Wars”, culminating in the first U.S. v. WA and the Boldt Decision. This seminal case quantified the reserved fishing right to mean 50% of the catch and was met with contempt and more litigation. Phase II of the Boldt Decision addressed the Treaty Tribes’ inquiry into environmental protection; treaty fishing is moot if there are no fish to catch. Federal courts clarified a specific and discrete action with measurable and negative effects on fish habitat must be brought forward to address the implied environmental protection of the treaties. The Culverts Case, spanning 2001-2018, did just that; thousands of state-owned barrier culverts were found to be violating the environmental protection imperative implied in reserved treaty fishing rights and the U.S. Supreme Court upheld the injunction that Washington must repair or replace them by 2030.This research examines the legal impact of the Culverts Case, Washington’s status potentially not meeting the injunction deadline at its current rate of financial allocation and repair, and implications for other necessary measures of environmental protection, e.g., instream flow, that must be instigated to protect the already imperiled salmonids of western Washington. It then examines the effectiveness of minimally invasive genetic techniques, i.e., eDNA analysis, to aid in barrier culvert prioritization. Through freshwater eDNA analysis of 50 culverts in Skagit County, WA over four seasons, nearly 46% showed discrepancies between the state’s fish passability rating of each culvert and the presence fish eDNA, calling for more frequent biomonitoring of barrier culverts to supplement repair and replacement prioritization. Following the results from the Skagit study, this work reviews the place of conservation genetics in the courts and addresses the validity of eDNA analysis of freshwater fishes through the Daubert standard and future implications for sovereignty and treaty rights protection.

Download or read book Managing Constraints to Water Source Development written by Andrew G. Graham and published by American Water Works Association. This book was released on 1999 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report summarizes research performed by the Department of Civil Engineering on water and revenue loss problems in water utilities commonly referred to as 'unaccounted-for water'. The research was conducted by the principal investigator and graduate students with assistance from Community Consultants, Inc. of Springville, Utah. The American Water Works Association Research Foundation (AWWARF) sponsored this project. The objectives of this effort are to: 1. assess the value of various methods used to measure quantities of water that are lost of not accounted for; 2. provide an appraisal of the techniques available to monitor such losses; 3. suggest standardized definitions for the terms used to describe the types and sources of water and revenue losses; and 4. identify solutions available to utilities to control such losses of water or revenue including generalized benefit/cost analysis of suggested solutions.

Download or read book In the Courts of the Conquerer written by Walter Echo-Hawk and published by Fulcrum Publishing. This book was released on 2018-03-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.

Download or read book Public Land Resources Law Review written by and published by . This book was released on 2008 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Protection of the Environment written by Bernd Rüster and published by . This book was released on 1975 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Guidelines for Protected Areas Legislation written by Barbara J. Lausche and published by IUCN. This book was released on 2011 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.

Download or read book Salmon River Basin 15 Hydroelectric Projects written by and published by . This book was released on 1987 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book American Indian Law Deskbook written by Hardy Myers and published by . This book was released on 2004 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.

Download or read book International Wildlife Law written by Simon Lyster and published by . This book was released on 1985 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major description of the international law protecting wildlife, covering the International Conventions on, among other matters: whaling; wetlands; protection of cultural and natural heritage; international trade in endangered species; Antarctic marine living resources.

Download or read book Rock Island Hydroelectric Project No 943 Washington written by and published by . This book was released on 1987 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book American Indian Law Deskbook Fourth Edition written by Larry Long and published by . This book was released on 2008 with total page 868 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collaborative effort from attorney general offices faced daily with legal questions involving state and tribal relations, the American Indian Law Deskbook, Fourth Edition is an up-to-date, comprehensive treatise on Indian law. The Deskbook provides readers with the necessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country. Included are: -The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy. -An extensive compilation and analysis of federal and state court decisions. - Reservation and Indian lands ownership and property interests. -The parameters of criminal jurisdiction in Indian country. -Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare. -Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations. Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.