As long as the trout grow and the wind blows
Saturday, August 30th, 2008By KW
 If you stop over on Mount Blogmore from time to time, as most of the civilized world does, you’ll note a recent thread about Russell Means and pals asserting treaty rights by fishing without a state license at Sheridan Lake.
Apart from the fact that the picture shows that Russell has a limited familiarity with the workings of a spinning reel, it raises an interesting issue in my mind: Will GF&P officers do as they say and pursue an investigation to issue citations to those who broke the law?
Beyond that, how valid are the treaty rights in question? Were they not abrogated by Congress? Wasn’t that abrogation upheld by the Supreme Court? And did the court not grant damages for the reprehsensible way the Black Hills were taken from the Lakota?
Isn’t that sum something like $1 billion now?
Beyond that, Native anglers - gill netters in many cases, I think - have been granted fishing rights the the courts that are not granted to non-Natives. Should those rights apply in the Black Hills, to waters that didn’t exist at the time the treaties were signed, and to species that are not native to the Black Hills and weren’t stocked in streams - and, later, man-made reservoirs - until after the treaties had been signed, and initially abrogated?
I’ve been thinking about that stuff lately as I fling ridiculously small dry flies at finicky trout in Rapid Creek.
 And it makes my head hurt.




