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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