Oregon Court of Appeals Rejects Siletz Challenge to State Ceremonial Hunting Rule re: Grand Ronde

Here is the opinion in Confederated Tribes of Siletz Indians of Oregon v. Ore. Fish and Wildlife Commission.

An excerpt:

Pursuant to ORS 183.400, petitioner Confederated Tribes of Siletz Indians of Oregon challenges OAR 635–043–0120, a rule promulgated by the Fish and Wildlife Commission (FWC) authorizing the issuance of ceremonial hunting permits for the Confederated Tribes of the Grand Ronde Community of Oregon (Grand Ronde Tribes or “the tribe”) and establishing requirements for the use of those permits. Petitioner contends that the rule is invalid because it exceeds FWC’s statutory authority and because its adoption violates “separation of powers provisions of the Oregon Constitution.” We reject without discussion petitioner’s constitutional challenge to the rule and write only to discuss its assertion that the rule exceeds the statutory authority of the agency. Based on our review of OAR 635–043–0120 and the pertinent statutes, we conclude that the rule is valid.

If anyone has briefs, would love to post them.