Wednesday, January 9, 2019

i don't know what to say about this beyond the idea that indian treaties have regularly been ignored since the first one was forced upon a tribe, and this gets into the range of stupid bureaucracies;


Members of the Crow Tribe hunt elk to feed their families.
The state of Wyoming says they can’t kill the animals on federal forest land without a permit.
The Supreme Court will now decide whether an 1868 treaty protects the Native Americans’ right to hunt.  
During a 2014 hunting expedition, Clayvin Herrera and three other tribal members pursued a small herd of elk as it moved from the Crow Reservation in Montana to the Bighorn National Forest in Wyoming. There the hunting party “shot, quartered and packed” three elk, and carried the meat back to the reservation, dividing it among their families, according to court documents.
Wyoming game officials later tracked down Herrera and charged him with hunting off season and without a license. A state court convicted Herrera, and he was ordered to pay an $8,000 fine and give up hunting privileges for three years.
Herrera said the Second Treaty of Fort Laramie from 1868 — between the United States and Crow Tribe, before Wyoming became a state — expressly allows tribal members to legally hunt in unpopulated federal forest lands at any time.
The treaty, which established the tribe’s present-day reservation, states that members “shall have the right to hunt on the unoccupied lands of the U.S. so long as game may be found thereon, and as long as peace subsists among the whites and Indians on the borders of the hunting districts.”
Wyoming contends that the treaty only meant to afford “temporary” rights to hunt off the reservation and that when the state was created in 1890 those rights were terminated. The state also argues that President Grover Cleveland’s designation of the land as a national forest in 1897 effectively rendered it “occupied.”
Moreover, the state is arguing that federal courts have already resolved the issue: Twenty-five years ago, in a similar case involving the Crow Tribe, the Tenth Circuit Court of Appeals concluded, “The Tribe and its members are subject to the game laws of Wyoming.”.......https://fromthetrenchesworldreport.com/native-american-tribe-member-who-killed-elk-to-feed-family-asks-supreme-court-to-throw-out-poaching-conviction/239108

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