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Supreme Court To Decide Fishing & Hunting Rights
By Rick Paquin
The Supreme Court of the United States heard arguments regarding the right of Chippewa tribes to hunt and fish over a large portion of Minnesota. Lower courts have already given the tribes this right and Minnesota at this time has no say in how they harvest fish and game in the ceded territory. Minnesota has challenged those rights and the Federal Government and tribes are now defending their position.
The Chippewa can harvest 100's of thousands of pounds of Walleyes, Northern Pike, Bass and any other fish that happens to get caught in their gill nets or speared in spring harvests. Netting and spearing on many of the popular lakes has already occurred. It is a controversial and emotional issue. People's livlihood and enjoyment of the fishing experience is at stake on both sides of the coin.
At this point it is not portrayed as a subsistence issue with the tribes enjoying unprecedented economic success due to their Casino's. With Minnesota banning Casino operations, the tribes currently enjoy a monopoly on that type of gambling activity. The Chippewa claim it as a part of their cultural and religious heritage.
The High Court took Federal attorneys to task on their argument that President Zachary's order, taking away the tribes right to hunt and fish unencumbered by the laws of the land, were void because he didn't enforce it. Comments made by the Justices indicated that they would probably weigh heavily in the area of Executive orders of the President. 17 other States have submitted briefs as friends of the court on behalf of Minnesota's claim.
The decision has wide ranging implications on many other lower court rulings regarding treaty cases in other States. It also affects potential future rulings of lower courts in many other States as well. Tribes may get what they have long considered their sovereign right or the general population may get what they have long considered an equal right to be enjoyed by all. A decision is expected sometime within the next six months.
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