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Author Topic: Deer hunting on private property in Indian reservation  (Read 3781 times)

Offline Scheindogg

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Deer hunting on private property in Indian reservation
« on: August 07, 2017, 12:14:13 PM »
So I have a friend who's relative has 40 acres near republic wa. I just found it it's on reservation land.
So I find out in the WDFW website saying if it's private property owned by non tribal member (which it is if you didn't get that) that hunting on that land would be st the land owners discretion under whatever general season rules apply for that GMU.

So then I call the reservation and they say no. There's no way. They didn't bother looking anything up they just went ahead and said no.

Then I called WDFW and talked to an enforcement officer. She said what the website said, if it's private property owned by non tribal members, I can hunt it if I have permission. She also told me to go by what WDFW says definitely not what the reservation says, since it's private property.

Because of that call that makes me feel like it should work but what would you guys do? Respect the reservations wishes it would you go with what WDFW says because it's private property?

Hopefully I don't start too much of an argument here  :sry:
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Offline headshot5

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Re: Deer hunting on private property in Indian reservation
« Reply #1 on: August 07, 2017, 12:21:08 PM »
If he is paying taxes on it, I'd think he has a better case of ownership than the Rez.     


Edit to add, this is just my opinion, with zero research.

Offline Stein

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Re: Deer hunting on private property in Indian reservation
« Reply #2 on: August 07, 2017, 12:29:02 PM »
Does he actually own the land or does the tribe?  I would go with the actual landowner.

Offline steeleywhopper

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Re: Deer hunting on private property in Indian reservation
« Reply #3 on: August 07, 2017, 12:30:51 PM »
Get the name of the WDFW employee you talked to and hunt it. The dude that shot the bull in a unopened area got off Scott free by asking WDFW.

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Re: Deer hunting on private property in Indian reservation
« Reply #4 on: August 07, 2017, 12:32:06 PM »
What you saw on the WDFW website makes no sense in this scenario. How can you follow the general season rules for the GMU, when there is no GMU? There are no GMU's within the Colville reservation.

Offline Bob33

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Re: Deer hunting on private property in Indian reservation
« Reply #5 on: August 07, 2017, 12:34:27 PM »
If it is on tribal land, I believe they can enforce whatever restrictions they wish to.  It's likely your relative doesn't actually own the land, but in fact leases it.

I wouldn't hunt it without permission from the tribe.
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Offline Blacktail Sniper

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Re: Deer hunting on private property in Indian reservation
« Reply #6 on: August 07, 2017, 12:36:49 PM »
If it is on tribal land, I believe they can enforce whatever restrictions they wish to.  It's likely your relative doesn't actually own the land, but in fact leases it.

I wouldn't hunt it without permission from the tribe.


I would find out beyond any doubt about this part before I went any further. 
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Re: Deer hunting on private property in Indian reservation
« Reply #7 on: August 07, 2017, 12:39:00 PM »
Since it would not be in a GMU that's listed in the hunting regulations, I'd say there's zero chance you could legally hunt deer on that property.

Offline Scheindogg

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Re: Deer hunting on private property in Indian reservation
« Reply #8 on: August 07, 2017, 12:39:16 PM »
This is the WDFW piece I'm speaking of.
I will definitely make sure he owns it before taking any further steps
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Offline pd

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Re: Deer hunting on private property in Indian reservation
« Reply #9 on: August 07, 2017, 12:39:25 PM »
This is an interesting topic.

Please cite the WDFW website link.

My understanding is a bit different from what the WDFW spokesperson told you.  That is, within the boundaries of a federally recognized reservation, there are generally two types of land.  The first type is those lands held in trust by the federal government ("owned by the tribe"), and those lands that were at one time sold by either the tribe or a tribal member.  This second category is what is called fee-simple property, and those lands will appear on the local (county) tax registry.  This is important: The fee-simple lands are still within the reservation, but are now considered private property.

It should not matter whether the owner of that property is an enrolled tribal member or a non-tribal person, it is still private property, and the tribe itself would have no jurisdiction over the property.  An exception to this would be if the tribe itself owns the private property, but the land in question had not yet been re-entered into the federal land trust program (in this case, as the property owner the tribe would of course have the right to prohibit hunting on its property).

My gut says the tribal spokesperson was ill-informed, or trying to bluff you.  If indeed a private landowner has the right to allow/deny hunting on fee-simple lands, then the tribe has no authority to overrule this decision.

I would love to hear from somebody better informed than I on this topic.   :hello:
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Re: Deer hunting on private property in Indian reservation
« Reply #10 on: August 07, 2017, 12:40:05 PM »
There's a lot of non tribal residents on reservations that have a long term leases. They have built houses, barns, shops, developed crop fields, etc. but ultimately the tribe still owns the property and their rules and laws still apply... I believe.
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Offline Scheindogg

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Re: Deer hunting on private property in Indian reservation
« Reply #11 on: August 07, 2017, 12:41:31 PM »
Since it would not be in a GMU that's listed in the hunting regulations, I'd say there's zero chance you could legally hunt deer on that property.

Then how come when I talked to an ENFORCEMENT OFFICER, and they specifically said to go by what they said not the reservation (if indeed it is OWNED property) and that the general rules would apply. I wonder if it somehow would be linked with one of the surrounding gmus. I will do more research
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Offline Stein

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Re: Deer hunting on private property in Indian reservation
« Reply #12 on: August 07, 2017, 12:45:39 PM »
Since it would not be in a GMU that's listed in the hunting regulations, I'd say there's zero chance you could legally hunt deer on that property.

Then how come when I talked to an ENFORCEMENT OFFICER, and they specifically said to go by what they said not the reservation (if indeed it is OWNED property) and that the general rules would apply. I wonder if it somehow would be linked with one of the surrounding gmus. I will do more research

You could both be right, WDFW says follow the rules when on private property.  If it is not in a GMU, then you can't hunt it as there is no season in the regulations.

Offline Bob33

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Re: Deer hunting on private property in Indian reservation
« Reply #13 on: August 07, 2017, 12:46:29 PM »
Even if you find that you can legally hunt there, the tribal officers may not agree when means you're likely to end up in a cold cell with lots of issues to address.
Nature. It's cheaper than therapy.

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Re: Deer hunting on private property in Indian reservation
« Reply #14 on: August 07, 2017, 12:47:07 PM »
Since it would not be in a GMU that's listed in the hunting regulations, I'd say there's zero chance you could legally hunt deer on that property.

Then how come when I talked to an ENFORCEMENT OFFICER, and they specifically said to go by what they said not the reservation (if indeed it is OWNED property) and that the general rules would apply. I wonder if it somehow would be linked with one of the surrounding gmus. I will do more research

If it's not a GMU listed as being open to deer hunting then there's no open season.

Offline Scheindogg

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Re: Deer hunting on private property in Indian reservation
« Reply #15 on: August 07, 2017, 12:47:35 PM »
Even if you find that you can legally hunt there, the tribal officers may not agree when means you're likely to end up in a cold cell with lots of issues to address.
How could the tribal police enforce anything against me on private property?
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Re: Deer hunting on private property in Indian reservation
« Reply #16 on: August 07, 2017, 12:49:28 PM »
you can NOT hunt on privaley owned land within the colville reservation. his land is not withing the relm of state management. there is no non tribal member hunting seasons within the rez.
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Re: Deer hunting on private property in Indian reservation
« Reply #17 on: August 07, 2017, 12:49:30 PM »
Even if you find that you can legally hunt there, the tribal officers may not agree when means you're likely to end up in a cold cell with lots of issues to address.
How could the tribal police enforce anything against me on private property?
The same way any LEO can come on your private property in the US to enforce laws.
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Re: Deer hunting on private property in Indian reservation
« Reply #18 on: August 07, 2017, 12:50:55 PM »
Since it would not be in a GMU that's listed in the hunting regulations, I'd say there's zero chance you could legally hunt deer on that property.

Then how come when I talked to an ENFORCEMENT OFFICER, and they specifically said to go by what they said not the reservation (if indeed it is OWNED property) and that the general rules would apply. I wonder if it somehow would be linked with one of the surrounding gmus. I will do more research

your gona go to Indian jail.
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Re: Deer hunting on private property in Indian reservation
« Reply #19 on: August 07, 2017, 12:53:03 PM »
They don't have to be right in order to toss you in the clink. It's the judges overview not the cops... What do you thing your rights are on a reservation? They are not the same as within the state.

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Re: Deer hunting on private property in Indian reservation
« Reply #20 on: August 07, 2017, 12:54:38 PM »
The same way any LEO can come on your private property in the US to enforce laws.
[/quote]

Only in Washington, Bob.  Idaho still requires a warrant.
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Re: Deer hunting on private property in Indian reservation
« Reply #21 on: August 07, 2017, 12:58:58 PM »
It's against state law to hunt within the Colville Rez boundary.

WAC 220-413-160

Colville Indian Reservation—Prohibiting the taking or hunting of big game and grouse and trapping of furbearers.

The taking or hunting of big game or grouse within the Colville Indian Reservation boundaries is prohibited. The trapping of furbearers within the Colville Indian Reservation boundaries is prohibited.

Offline Scheindogg

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Re: Deer hunting on private property in Indian reservation
« Reply #22 on: August 07, 2017, 01:00:17 PM »
Since it would not be in a GMU that's listed in the hunting regulations, I'd say there's zero chance you could legally hunt deer on that property.

Then how come when I talked to an ENFORCEMENT OFFICER, and they specifically said to go by what they said not the reservation (if indeed it is OWNED property) and that the general rules would apply. I wonder if it somehow would be linked with one of the surrounding gmus. I will do more research

your gona go to Indian jail.

Actually I won't. I'll do proper research and as of now it's showing me that it is not likely legal to hunt deer in that area. But I will do my best and find everything I can about it before making any decisions
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Offline Scheindogg

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Re: Deer hunting on private property in Indian reservation
« Reply #23 on: August 07, 2017, 01:01:28 PM »
It's against state law to hunt within the Colville Rez boundary.

WAC 220-413-160

Colville Indian Reservation—Prohibiting the taking or hunting of big game and grouse and trapping of furbearers.

The taking or hunting of big game or grouse within the Colville Indian Reservation boundaries is prohibited. The trapping of furbearers within the Colville Indian Reservation boundaries is prohibited.

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Re: Deer hunting on private property in Indian reservation
« Reply #24 on: August 07, 2017, 01:09:09 PM »
I don't think it would be worth the hassle to hunt there. The tribes get a little touchy about non members taking anything off their land. I know you said your friend owns the property, but I'm pretty sure if the tribes found out you hunted, or are hunting there, they will give you a hard time in some way. My uncle a few years ago was coming back from camping and picking up elk sheds at Oak Creek. He had a few elk sheds tied down in the back of his pickup where you could visibly see them. Well he drove through the Colville rez to on his way home since it was the shortest route. A tribal cop seen those elk sheds and pulled him over and the very unfriendly cop gave my uncle the third degree about taking sheds off of reservation land even though my uncle told him they were from Oak Creek. He even threatened to confiscate the sheds. It took him awhile to convince the cop they didn't pick them up off the rez, but he finally let them go. Like I said, I just don't think it's worth the hassle, even if it is somehow legal.
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Offline headshot5

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Re: Deer hunting on private property in Indian reservation
« Reply #25 on: August 07, 2017, 01:15:40 PM »
Yeah, and if it is like reported that it isn't in a GMU area, I'm pretty sure you're out of luck.

Offline Britt-dog

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Re: Deer hunting on private property in Indian reservation
« Reply #26 on: August 07, 2017, 02:47:42 PM »
Lots of misinformation in this thread. I will try to explain best I can.

WDFW has juristiction on all properties with in the state of Wa both public and private, except reservations.

Tribal enforcement has Juristiction over all lands within the reservation boundries.

The tribe makes the hunting and fishing regulations for the reservation lands, these are different from, and overule state regulations, because they are a soveirgn nation. They get to make their own rules.

Non tribal persons can own/lease property within reservation boundries, tribal hunting and fishing regulations apply on these properties and are enforced. Just like private land anywhere else in the state.

Colville tribes allow non members to hunt some species on the reservation, specificly non native birds such as pheasants and chukar, and migratory fowl. Colville tribes publish a hunting regulation booklet, and sell licenses for non member hunting. This is what the WDFW page is refering to.

There is NO!! non tribal hunting of Deer, Elk, or any other big game animal allowed within the boundries of the Colville reservation, weather private or tribal ground.

WDFW rules, regulations and tags do not apply on the reservation.

Hope this helps.

Offline Scheindogg

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Re: Deer hunting on private property in Indian reservation
« Reply #27 on: August 07, 2017, 02:55:06 PM »
Lots of misinformation in this thread. I will try to explain best I can.

WDFW has juristiction on all properties with in the state of Wa both public and private, except reservations.

Tribal enforcement has Juristiction over all lands within the reservation boundries.

The tribe makes the hunting and fishing regulations for the reservation lands, these are different from, and overule state regulations, because they are a soveirgn nation. They get to make their own rules.

Non tribal persons can own/lease property within reservation boundries, tribal hunting and fishing regulations apply on these properties and are enforced. Just like private land anywhere else in the state.

Colville tribes allow non members to hunt some species on the reservation, specificly non native birds such as pheasants and chukar, and migratory fowl. Colville tribes publish a hunting regulation booklet, and sell licenses for non member hunting. This is what the WDFW page is refering to.

There is NO!! non tribal hunting of Deer, Elk, or any other big game animal allowed within the boundries of the Colville reservation, weather private or tribal ground.

WDFW rules, regulations and tags do not apply on the reservation.

Hope this helps.

I literally stopped posting because I found almost this exact information.
They sure have a hell of a season for themselves tho!
I did find the non-member hunting seasons and how it did not include any big game an so it indeed stated specifically that non-members are not allowed to hunt big game at all
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Offline Britt-dog

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Re: Deer hunting on private property in Indian reservation
« Reply #28 on: August 07, 2017, 03:23:13 PM »
Lots of misinformation in this thread. I will try to explain best I can.

WDFW has juristiction on all properties with in the state of Wa both public and private, except reservations.

Tribal enforcement has Juristiction over all lands within the reservation boundries.

The tribe makes the hunting and fishing regulations for the reservation lands, these are different from, and overule state regulations, because they are a soveirgn nation. They get to make their own rules.

Non tribal persons can own/lease property within reservation boundries, tribal hunting and fishing regulations apply on these properties and are enforced. Just like private land anywhere else in the state.

Colville tribes allow non members to hunt some species on the reservation, specificly non native birds such as pheasants and chukar, and migratory fowl. Colville tribes publish a hunting regulation booklet, and sell licenses for non member hunting. This is what the WDFW page is refering to.

There is NO!! non tribal hunting of Deer, Elk, or any other big game animal allowed within the boundries of the Colville reservation, weather private or tribal ground.

WDFW rules, regulations and tags do not apply on the reservation.

Hope this helps.

I literally stopped posting because I found almost this exact information.
They sure have a hell of a season for themselves tho!
I did find the non-member hunting seasons and how it did not include any big game an so it indeed stated specifically that non-members are not allowed to hunt big game at all

You can try to make an arguement based around deeded, or "fee simple" lands. but as others have stated, good luck with that.

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Re: Deer hunting on private property in Indian reservation
« Reply #29 on: August 07, 2017, 04:16:59 PM »
You do realize I'm trying to say that I'm no longer looking into this property for deer season, right?
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Re: Deer hunting on private property in Indian reservation
« Reply #30 on: August 07, 2017, 07:08:50 PM »
Just an FYI, you CAN NOT hunt within the boundaries of the Rez... you can't, ya just can't do it!
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Re: Deer hunting on private property in Indian reservation
« Reply #31 on: August 07, 2017, 08:07:01 PM »
 :beatdeadhorse:
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Re: Deer hunting on private property in Indian reservation
« Reply #32 on: August 07, 2017, 11:06:20 PM »
Pretty simple really, if it's the wdfw and you against the Native American system, you will probably lose, especially something that has to do with the Rez. Wouldn't waste my efforts.

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Re: Deer hunting on private property in Indian reservation
« Reply #33 on: August 08, 2017, 07:04:49 AM »
you can NOT hunt on privaley owned land within the colville reservation. his land is not withing the relm of state management. there is no non tribal member hunting seasons within the rez.
That is correct.  It doesn't matter if a non member owns it in fee, if it's within the bounds of the reservation you have to be a member to hunt it.

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Re: Deer hunting on private property in Indian reservation
« Reply #34 on: August 08, 2017, 08:09:58 AM »
Lots of misinformation in this thread. I will try to explain best I can.

WDFW has juristiction on all properties with in the state of Wa both public and private, except reservations.

Tribal enforcement has Juristiction over all lands within the reservation boundries.

The tribe makes the hunting and fishing regulations for the reservation lands, these are different from, and overule state regulations, because they are a soveirgn nation. They get to make their own rules.

Non tribal persons can own/lease property within reservation boundries, tribal hunting and fishing regulations apply on these properties and are enforced. Just like private land anywhere else in the state.

Colville tribes allow non members to hunt some species on the reservation, specificly non native birds such as pheasants and chukar, and migratory fowl. Colville tribes publish a hunting regulation booklet, and sell licenses for non member hunting. This is what the WDFW page is refering to.

There is NO!! non tribal hunting of Deer, Elk, or any other big game animal allowed within the boundries of the Colville reservation, weather private or tribal ground.

WDFW rules, regulations and tags do not apply on the reservation.

Hope this helps.

that all seems pretty accurate  :tup:
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Re: Deer hunting on private property in Indian reservation
« Reply #36 on: August 08, 2017, 10:47:37 AM »
If a WDFW officer says you can hunt there, you can hunt there. It was a good idea to call someone at the resurvation first, but I think he either didn't know your full situation or he just didn't want any more outsiders hunting on their land. But that shouldn't prevent you from hunting there becuase with WDFW's permission you know it's legal.
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Re: Deer hunting on private property in Indian reservation
« Reply #37 on: August 08, 2017, 10:51:04 AM »
This issue is dead, the OP isn't going to hunt on the reservation.   


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Offline buckcanyonlodge

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Re: Deer hunting on private property in Indian reservation
« Reply #38 on: August 08, 2017, 11:11:59 AM »
Can NOT hunt big game on the Colville Rez. even if you own deeded land. And you must get the tribes blessing to build on land you buy that has been deeded out of the rez. I sold an 80 ac. piece by Inchelium and had to have the tribe inspect it before they could build. Even though you pay taxes to Ferry County and pay Ferry County to get building permits. You can buy a rez. hunting permit for upland birds and some places you can hunt waterfowl... Must abide by their maps and regs.
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Re: Deer hunting on private property in Indian reservation
« Reply #39 on: August 08, 2017, 11:23:42 AM »
This issue is dead, the OP isn't going to hunt on the reservation.

Apparently not quite yet...

Can NOT hunt big game on the Colville Rez. even if you own deeded land. And you must get the tribes blessing to build on land you buy that has been deeded out of the rez. I sold an 80 ac. piece by Inchelium and had to have the tribe inspect it before they could build. Even though you pay taxes to Ferry County and pay Ferry County to get building permits. You can buy a rez. hunting permit for upland birds and some places you can hunt waterfowl... Must abide by their maps and regs.


 :chuckle:
It is better to be consistently incorrect than inconsistently correct...

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Re: Deer hunting on private property in Indian reservation
« Reply #40 on: August 08, 2017, 11:31:28 AM »
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Re: Deer hunting on private property in Indian reservation
« Reply #41 on: August 08, 2017, 11:42:26 AM »
 :lol4:
It is better to be consistently incorrect than inconsistently correct...

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Re: Deer hunting on private property in Indian reservation
« Reply #42 on: August 08, 2017, 11:46:26 AM »
It's dead now
"It doesn't seem to me that anyone commenting here is familiar enough with the facts surrounding this case to be forming ANY opinion on what the outcome should be"  ~ JDhasty