Judge rejects Ottawa Tribe's fishing rights claim
Thursday, April 3, 2008
Filed Under:
Law
A federal judge on Monday ruled that the
Ottawa Tribe of Oklahoma doesn't have fishing rights in Ohio.
Judge Jack Zouhary of the Northern District of Ohio said the tribe waited too long to file suit.
"Federal jurisdiction has been available for over 125 years," he wrote in the
23-page decision.
Zouhary also said the tribe's assertion of treaty rights would upset the state's conservation system.
But he rejected the state's claim that its sovereignty will be diminished and that recreational fishing will be negatively impacted.
Finally, Zouhary looked at the treaties the tribe raised in the case. He said they did not grant the tribe a right to fish even when viewed in a light favorable to the Ottawas at the time they were signed.
The tribe plans to appeal to the 6th Circuit Court of Appeals.
Get the Story:
Tribe loses lawsuit for right to fish Lake Erie
(The Toledo Blade 4/3)
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