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Hearing date set for Mille Lacs 1837 treaty case
Supreme Court to hear arguments December 2
A hearing date for oral arguments before the United States Supreme Court in
the Mille Lacs 1837 Treaty Case has been set for Dec. 2, 1998. The written
portion of the appeal was completed by the end of October 1998. This means
it is possible to have a decision from the High Court by the fishing season
opener next spring, but there will surely be a ruling by the end of June
1999.
A big boost for the defendants (State of Minnesota, Landowners and Counties)
is the several amicus curiae or friend of the court briefs filed which
support the position that the 1837 Treaty privilege does not continue to
exist. Two other organizations, Citizens Equal Rights Alliance and Pacific
Legal Foundation, each submitted a brief.
In addition, seven states, California, Michigan, Montana, South Dakota,
Utah, Wisconsin and Wyoming, all filed a joint brief sup-porting Minnesota,
the Landowners and Counties in the case.
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PERM believes these supporting briefs will help demonstrate to the Supreme
Court the widespread problems associated with rein-venting treaty rights
that have expired over 100 years ago. As attorneys for the US Justice
Department argued several years ago in this case, the final outcome of the
Mille Lacs 1837 Treaty Case will affect hundreds of Indian tribes and
thousands of individual Indians, not to mention countless states and
millions of non-Indian citizens in this country. The support of several
states and other citizen organizations across the country affirms this
fact, and PERM supporters feel vindicated.
Most importantly, those who opposed the claims of the Chippewa Tribes in
this lawsuit are not racist,- but rather are motivated by deep concerns
about our constitution, property rights and the future of natural resource
management in Minnesota and across the nation. Their concerns and positions
are now shared and supported by several States Attorneys General across the
country.
They are hopeful for good news by the end of June 1999.
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| Baiting reform bill approved by congress
Legislation is major setback for USFWS and animal rightists
WAUKEGAN, Ill.,
Entrapment just got a little tougher, no thanks to USFWS. Congress has
passed new legislation to strengthen federal waterfowl law enforcement and
protection efforts while decriminalizing sportsmen who unknowingly hunt up
to a mile away from bait.
The measure, H.R. 2863, cleared the Senate on Oct. 16, 1998 by unanimous
consent. It passed the House by a vote of 322-90, and the President signed
it into law on Nov. 5.
The bill removes the strict liability standard as a factor in arresting
sportsmen found to be hunting in the vicinity of bait. Strict liability
meant that if bait were discovered in the area, the hunter was automatically
considered guilty.
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Any sportsman can appreciate the unnecessary effort it took to circumvent
the stubborn bureaucratic bungling of the USFWS in the passage of this long
overdue bill.
Previously the hunter was deemed to be breaking the law if he or she was
hunting up to a mile away from bait. That included bait that existed on any
land in the vicinity, even if the hunter would have had no ability to
ascertain the presence of bait on neighboring land. Many hunters were
unfairly made criminals as a result.
In the future, hunters will be afforded the same presumption of innocence
afforded all citizens when charged with violation.
The USFWS, Humane Society of the U.S. and several animal rights organizations
represented the principal opposition.
This lends new support to allegations the USFWS, a once proud leader and
staunch supporter of the angler and hunter is being infiltrated by animal
rights people..
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New Lake Superior research vessel
The US Geological Survey (USGS) has awarded a $2,825,000 contract to Patti
Shipyard, Inc. in Pensacola, FL to build a new vessel for Lake Superior
fisheries research.
The new vessel will replace the Siscowet, which is now the oldest (built in
1946) and slowest (maximum speed 8.7 knots) vessel in the USGS Great Lakes
research fleet.
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The new vessel will be larger and faster than the Siscowet
and will allow for an expanded research program on Lake Superior by USGS
scientists and partners.
The new research vessel will be homeported near Bayfield, WI and will
provide a mobile base for research, monitoring and assessment of fish
populations and their habitats throughout Lake Superior.
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Smallmouth bass tagging project underway
SANDUSKY, OH - Ohio Division of Wildlife biologists are looking for tagged
smallmouth bass caught in Lake Erie. Anglers who hook a bass bearing a metal
jaw tag are asked to assist the Division by reporting the tagged fish to the
Lake Erie Fisheries Research Unit in Sandusky. Information received will
help determine stock composition, movement patterns, and exploitation and
survival rates.
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Anglers who harvest a tagged smallmouth bass in Lake Erie are encouraged to
remove and flatten the tag, tape it to a piece of paper, and return it to
the Division. Anglers who release a tagged fish are asked to record the
five-digit tag number and send it to the Division.
Additional information should include the date the fish was caught, location
(as specific as possible), length, and the name and address of the angler.
Mail to: Smallmouth Study, Ohio Division of Wildlife, 305 E. Shoreline Dr.,
Sandusky, OH 44870.
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EPA wants tougher effluent regs for hatcheries
Our Great Lakes fish consumption advisories aren't bad enough. EPA wants to
get involved in fishing again. Despite a public comment period that ended
July 27, the USEPA is still considering whether to amend Effluent Guidelines
Regulations for fish hatcheries. Currently, the Clean Water Act addresses
discharges from and into aquaculture facilities, and permits may be
necessary if a facility is deemed a significant polluter.
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We need to know how much of a problem these facilities actually cause.
Right now we just have lots of snapshots, said Eric Strassler of EPA's
Engineering and Analysis Division.
The agency received no public comments from any state water quality agency
that indicated which, if any, such segments or sites are most problematic.
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