| |
| | Wampanoag Fishing Rights |
 | | On July 5, 1995, Michael Maxim and David Greene, Wampanoag Indians and natural descendants of the original American Indian inhabitants of the region known as Cape Cod, Massachusetts, were gathering clams by hand and rake in the area known as Little Buttermilk Bay in the Town of Bourne. |
 | | Appellants Michael Maxim and David Greene, Wampanoag persons, were exercising these rights at the time of their citation by officials of the Town of Bourne for violating a "recreational shellfishing" regulation. |
 | | The record shows that the Commonwealth did not argue, let alone establish that applying "recreational" restrictions to Wampanoag shellfishing in the circumstances of this case is in any way "appropriate," "essential," or even useful for the preservation of soft-shell clams or any other species of shellfish. |
| www.nativeweb.org /pages/legal/wampanoag/index.html (1034 words) |
|