Monday, October 29, 2012

Susan Owens Rule on Columbia River Fishing Jurisdiction

Court Rules Maryhill Fishing Access Site not Within States Criminal Jurisdiction


In State v. Jim,  the Court ruled  that the Maryhill Treaty Fishing Access Site created for Columbia River tribes was not within the criminal jurisdiction of the State.  Washington Fish and Wildlife officers cited Lester Ray Jim, a member of the Yakima Nation for taking undersized sturgeons to shore before releasing them.
The One That Got Away!
















Under state law he was in violation for not releasing the fish immediately.  Jim argued that it was common to release fish after returning to shore on Indian fishing grounds. Justice Susan Owens argued that because Maryhill was  used by members of the tribe sthe State lacked jurisdiction to cite Jim.


Learn More About This Ruling:
http://www.wasupremecourtblog.com/2012/02/articles/opinions/tribal-members-fishing-citation-tossed-out/


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