Shinnecock Tribal citizens are currently engaged in a legal battle to affirm their aboriginal fishing rights in Long Island, New York. The case, Silva v. Farrish, is being heard in the United States District Court for the Eastern District of New York. Several tribal organizations have filed amici curiae briefs supporting the Shinnecock's claims.
The National Congress of American Indians (NCAI), Shinnecock Kelp Farmers, and the United Southern and Eastern Tribes Sovereignty Protection Fund (USET SPF) submitted amicus briefs on May 15, 2025. They argue that the Shinnecock Nation has never relinquished its fishing rights and that these rights must be recognized by New York State.
Riley Plumer, counsel for the Shinnecock Tribal fishers, emphasized that this case seeks to confirm "the continued existence of aboriginal Shinnecock fishing rights" which have been part of their cultural practices for thousands of years.
Mark Macarro, President of NCAI, stated: “We join the Shinnecock Indian Nation and its citizens in this case in asserting that their aboriginal fishing rights continue to exist and must be upheld."
The NCAI-Shinnecock Kelp Farmers brief highlights collaborative management efforts between Tribal Nations and various governments across the U.S., emphasizing resource protection and restoration.
Kirk Francis, President of USET SPF, stressed that "the Shinnecock Indian Nation is an inherently sovereign government," with fishing rights stemming from this sovereignty.
The Shinnecock Kelp Farmers focus on sustainable practices like growing sugar kelp to combat pollution. Tela Troge expressed: “We have a right to fish...and we never ceded or gave away those rights.”
Despite historical stewardship by the Shinnecock over local aquatic resources, challenges remain due to pollution threats and lack of recognition from New York's Department of Environmental Conservation regarding their fishing rights.
Legal representation includes Riley Plumer from Plumer Law Office for the fishers; Daniel Cordalis and Ashley Anderson from Native American Rights Fund for NCAI; Katie Klass as General Counsel for USET SPF.
For further details on protecting aboriginal fishing rights: https://narf.org/category/hunting-fishing-rights/.
