In the original treaty negotiations they discussed the

Supreme Court Sides With Tribe in Salmon Case

I dunno, I think the article when you really think about it is kind of complete bullshit. Maybe I am underestimating things but from the sound of it they are getting the moderate living they were entitled to, and the tone of the article is frankly laughably silly in that light.EDIT: Since people like to downvote, I should offer an explaination of canada goose jacket outlet why I find this article distasteful. It starts off focusing on the son and pop angle, the low fish canada goose outlet in canada count, the sob story, but when you get into the meat and potatoes of the story hidden far in the middle of the story they are trying to craft it all kind of falls apart. This isn a small scale operation. It is a community of 1000 people who catch currently 1.3 million fish down from 5.4 million fish at their peak. This is canada goose outlet online store review over the course of 35 days. That is 1300 fish per person currently at its low point, if even 20% of them are fishing, then it is 6500 fish per fisherman, averaging nearly 200 fish caught per day during the season. Obviously they aren all canada goose outlet going to be commercially viable, but the ones that are they get 8$ a pound and canada goose outlet boston the fish averages 20 pounds, meaning around 160 dollars a fish. That means around a million dollars a fisherman over a 35 period day if one assumes that they are all commercially viable, if even half are viable its half a million and enough fish to canada goose outlet in chicago feed everyone for a year which tends to be a huge cost savings.This isn a case of small scale fishing being hurt by the evil government. This is large scale fishing suffering from stock depletion. While the river enhancements help, as long as the heavy fishing remains then it is likely to not be sustainable. Nowhere do they mention anything on the sustainability of the catch, which seems like it would be a bigger issue then the effects of culverts which apparently have been a source of lawsuits since the 70 15 years before their peak fishing season. That is canada goose outlet seattle why you are getting downvoted. Not being a fisherman canada goose outlet eu I can say exactly canada goose jacket outlet toronto where it goes off the rails, but its probably in the yield or in underestimating the cost.The Fed has some useful statistics for the reservationAt the top you find the population statistics. You can see that there are 500 “AIANa” (solely identify as native american) and 576 “AIANac” (also identify as something else) so those are our canada goose jacket outlet sale 1000 tribespeople. The other canada goose outlet uk sale 1800 people are non natives who live on canada goose stockists uk the reservation.Then we can go down to median and per capita income. Unfortunately they do not give figures for AIANac individuals, but lets just be charitable and canada goose outlet store calgary say their incomes match the “All” category, and then we can say that the tribe as a whole is an “average” of the AIANa and canada goose outlet canada “All” categories.Then the Median income of the tribe is something like $47k (still below US median), and the per capita is $23k (again below the US per capita income). The 1076 members making $23k per year would be a bit less than $25MM dollars in total income for the tribe as a whole.So out of this theoretical income of $208MM = 1.3MM fish 20lbs/fish $8 per lbs. they only canada goose outlet mall make about 12% of that IF YOU EXCLUDE ALL OTHER REVENUE SOURCES. So either the yield is a lot lower than you guess, or the costs are a lot higher (or both), but these people are not making boat loads of money fishing.Now what I think is a fair point and good question to ask canada goose factory outlet toronto location is whether or not a treaty right to fish should be equated with a right to industrialized fishing on a modern scale. Just in terms of the numbers of fish pulled out of the water the tribe is catching enough to feed itself at current levels (4 fish per day), and the 5.4MM haul was never called for from the standpoint of self sufficiency.So my preferred interpretation of treaties of this kind (which I will admit to not having read maybe someone can point to discussion of what it actually says) would be to say that the tribe is guaranteed the right to be able to fish with the technology of the 1850s and to get the canada goose jacket outlet store yields of the 1850s when everything is measured on a calorie basis. In other words interpret the treaty as a statement about the ability to feed the tribe without dictating a major change in tribal lifestyle, not as a statement about financial wealth in a modern industrial society.Almost certainly canada goose outlet phone number the rivers have been overfished at this point, and I would not be surprised if the Tribe is facing difficulty feeding itself from fishing (especially in the future given global warming impacts). Whether or not the tribe itself is a significant cause of that overfishing, I have no idea.My general feeling about these issues is that if the Tribe wants to modernize, we should be doing a lot more to help them. The impact of racism and poor education really holds these people back. On the other hand if they don want to modernize the treaty should protect their ability to live a more traditional right. In other words interpret the treaty as a statement about the ability to feed the tribe without dictating a major change in tribal lifestyle, not as a statement about financial wealth in a modern industrial society.I never heard of tribal treaties being treated in that type of manner unless there is specific language to state or perhaps suggest that. If they were, canada goose outlet in uk it would throw off everything. A lot of tribal treaties for example have a right to healthcare. Should that, as a default, mean healthcare from the 1850s? Clearly not.Anyway, the language of this treaty is little broader. In the original treaty negotiations they discussed the importance of fish not for sustenance but for commerce as well.The Supreme Court has dealt with this treaty before and found:But the manner in which the fishing may be done and its purpose, whether or not commercial, are not mentioned in the Treaty. We would have quite a different case if the Treaty had preserved the right to fish at the “usual and accustomed places” in the “usual and accustomed” manner. I don know that anyone in the 1850s would have anticipated modern medicine or modern fishing. So I not sure what to make of the absence of such qualifiers.However, I would go further and say that we shouldn feel overly bound by the language of these treaties in general. If the treaty had said that the natives were sub human and could be enslaved if they were caught off the reservation. well we would throw that out.My question is: are we doing the right thing in our treatment of the native american populations. And my answer is no on two (admittedly contradictory) counts:We canada goose outlet store new york don provide sufficient means for them leave poverty and modernize their lifestyle (add to that a history of racism that keeps them out of modern society).We don provide sufficient economic motivation for them to modernize, nor sufficient support to maintain a traditional lifestyle.The prime example of that are things like casinos. we respect their sovereignty and let them build casinos, but that isn bringing any skilled labor into the reservation. Nor is it preserving any kind of traditional lifestyle (unless the stories of Columbus and the slot machine are true).

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By admin , May 20, 2013


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