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AUGUST 22, 2000

The Eighth Circuit Court of Appeals has ruled the four Ojibwe fisherman broke the law when they used motorboats and an all-terrain vehicle to exercise their treaty affirmed fishing rights.

The Bois Forte fisherman were cited for violating the Boundary Waters Canoe Area Wilderness Act of 1978. The Act prohibits the possesion or use of a "motor vehicle, motorboat, or motorized equipment" in a national forest wilderness area.

The four had used the vehicles to reach fishing areas on Basswood Lake. Although the court affirmed their rights still exist under Treaty with the Chippewa of 1854, the court said the use of the vehicles to reach fishing areas is not considered part of their secured treaty rights.

Get the Case:
USA v. Gotchnik, et al. (PDF 17k) (Eight Circuit Court of Appeals 8/00)

Relevant Links:
Boundary Waters Canoe Area Wilderness Act of 1978, Public Law 95-495 - absaroka.wilderness.umt.edu/nwps/legis/bwcaw_legis.cfm