hunting and fishing rights

Siletz Consent Decree and Restoration of Hunting and Fishing Rights

Matthew L.M. Fletcher

From Craig Dorsay:

After 44 years, the severe restrictions imposed on the exercise of hunting and fishing rights by the Siletz Tribe have been removed, and the Tribe is now free to claim and assert treaty rights as it sees fit. The original restrictions were imposed on the Tribe by the State of Oregon, Oregon Department of Fish and Wildlife, as the price for the State not opposing Siletz’s restoration as a federally-recognized tribe in 1977 or obtaining a modest reservation in 1980. The State attorney at the time – this was in the middle of the Northwest treaty fishing wars -made sure these restrictions were ironclad and permanent by requiring the Siletz Tribe to enter into an Agreement on the exercise of hunting, fishing, trapping and gathering rights severely restricting those rights, and then incorporating that restrictive agreement in a “friendly” federal court decree as well as the Tribe’s federal legislation restoring a modest reservation for the Tribe. (copy of 1980 Agreement and federal court decree attached).

The State strictly enforced this Agreement until Governor Kate Brown in 2016 agreed that this Agreement and arrangement was unconscionable, and cooperated with the Tribe in getting it lifted. This cooperation resulted in federal legislation in 2023 removing the applicable reference from the Tribe’s Reservation Act, and in a November 2024 Court Order vacating the original 1980 federal court decree. A copy of the legislation, the joint motion to vacate the consent decree, and the Court Order are also attached.

Materials here:

1980-04-22 Agreement – Hunting, Fishing, Trapping and Gathering.pdfDownload
1980-05-02 Final Consent Decree and Order – Burns.pdfDownload
1 – 2024-10-10 Joint Motion to VacateCM_ECF – USDC Oregon.pdfDownload
Ex. 2 -1980-05-02 Statement by Contressman Les AuCoin on Siletz Reservation Bill.pdfDownload
Ex. 3 -2023-12-26 Pub. L. No. 118-33, 118th Cong., 1st Sess. H.R. 2839.pdfDownload
5 – 2024-11-01 Order Vacating Decree & Order.pdfDownload

Oregon CoA Affirms Illegal Hunting Conviction for Nez Perce Member

Sarah M Donnelly

Download decision here.

By using State v. Buchanon, 978 P.2d 1070 (Wash. 1999), the Oregon courts held that treaty hunting can only happen on traditional hunting grounds.  The bighorn sheep were taken on land south of the Powder River, which state witnesses testified was the Nez Perce Tribe’s southern border due to historical conflicts with the Northern Paiutes.

Defendant was charged in November 2008 after bringing the sheep to the Oregon Department of Fish and Wildlife for tagging so they could be stuffed.

The case is State v. James Bronson, Jr., 586 P.3d 154 (Ore. Ct. of App. 2016).

 

Soo Tribe Board Officially Approves Inland Settlement

Matthew L.M. Fletcher

From the Soo Evening News: “The final piece of the puzzle appears to be in place as all five tribes have officially agreed to the 2007 Inland Hunting and Fishing Decree paving the way for an upcoming date in federal court.

“The Sault Ste. Marie Tribe of Chippewa Indians Board of Directors put the official stamp of approval on the deal Sunday during a special meeting. Reports indicate that two board members – Robert LaPointe and Shirley Petoskey – voted against the measure. Denise Chase was reportedly absent for the session and did not weigh in, while the rest of the board members approved the agreement.

“The tribe’s membership had overwhelmingly approved the agreement last week 3,476-678 in a special referendum.

“The other four tribes affected by the Treaty of 1836 had already approved the agreement with the State of Michigan defining inland hunting and fishing rights in perpetuity.”