Originally Posted By: Krijack
All of you that think the tribes can refuse to negotiate and the state can do nothing are drinking the Kool Aid. I keep harping on it, but the state all ready has a way for recourse. The path has already been laid out by the courts. Unfortunately they keep trying to live up to the bicentennial accord which calls for negotiations, when the tribe is not. (the accord states that neither side is bound by the agreement to only negotiate and that judicial relief is still an option in times of disagreement).

I believe that bringing back the court mandated Fisheries Advisory board is the only path the state can take if the tribes refuse to negotiate. Any attempt to seek judicial relief or federal help would most likely lead to the final conclusion that there is already a remedy laid out. The state is simply lying when they say they have no recourse. Every time they say they have no recourse simply retort back, go back to the Fisheries Advisory board. It may be a messy process and not the best path to take, but if we have no other choice the state needs to do it. Perhaps if they did it once or twice in obvious cases the tribes would start negotiating in good faith again.

Larry, I think trying to get a separate permit could easily be shot down as it is not the court prescribed method when there are disagreements.


Pretty much agree with your assessment of the situation. One question. In prior discussions and meetings I never once heard that obtaining a separate permit would be a violation of a court prescribed methodology for dispute resolution. Lots of hand wringing that it would take several years, etc. etc. but never that it could not be done. So, to the question.

Would not the issuance of a permit by the BIA also have been in violation of the court prescribed methodology?


Edited by Larry B (11/17/17 03:39 PM)
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