Tribal Fishing Rights on Trial in the Second Circuit

September 30, 2022

In late August, the U.S. Court of Appeals for the Second Circuit issued a decision that may have significant implications for members of the Shinnecock Indian Nation, a federally recognized Indian tribe, who reside on the Shinnecock Reservation on Long Island. In Silva v. Farrish, No. 21-0616 (2d Cir. Aug. 25, 2022), the Second Circuit ruled that a lawsuit filed by three members of the Shinnecock Indian Nation, alleging that enforcement of state fishing regulations against the plaintiffs in Shinnecock Bay violated their fishing rights, could proceed.

Reprinted with permission from New York Law Journal, Wednesday, September 28, 2022, Vol 268 – No. 62.

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