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Colvilles Sue For Hunting Rights

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yelp:
Colvilles sue over
“North Half” hunting rights
Published: Wednesday, November 18, 2009 10:28 AM PST


The  Colville Confederated Tribes Thursday filed suit in federal court to defend tribal hunting rights in its “North Half” territory, the chairman of the Tribes announced.

“This case defends our members’ right to hunt on the North Half, free of illegal state regulation,” CBC Chairman Michael Finley said. “Tribal members hunting there should not be prosecuted under Washington’s firearms law for engaging in conduct that is both safe and allowed by Tribal law.”

The Tribes’ filed suit in the U.S. District Court for the Eastern District of Washington. It concerns a citation issued to a tribal hunter in the “North Half,” a part of the Colville Reservation as it was established in1872, when it extended to the Canadian border.

The Tribes ceded the North Half to the United States in an 1891 agreement, but members retained their rights to hunt and fish there, on public lands, free of state conservation laws.

“We don’t dispute the state’s authority to regulate tribal hunting on the North Half, when necessary to protect public safety,” Finley said.  “But this is not the case here. A tribal hunter was cited by the state even though he posed no safety risk and was fully compliant with Tribal law.”

Finley said the tribal hunter had a bullet in his gun’s magazine, but not in the chamber, as allowed by tribal regulations. He said the Colville Tribes’ hunting regulations are at least as strict, or stricter, than many other states’ firearms laws.

State law does not allow a hunter’s rifle in a vehicle to be loaded at all.

“The enforcement of this Washington firearms law against Colville Tribal members is unnecessary and contrary to federal court decisions on these matters,” Finley said.

He said that the courts have limited state authority to regulate tribal hunting outside reservations to situations where tribal regulations are inadequate to provide for conservation of game resources or to protect public safety.

The Colville Tribe has attempted to negotiate a solution to this issue, but the state was unwilling to resolve it, the tribes stated in a press release.

“We were hoping we could convince the state that it cannot, and need not, attempt to assert its jurisdiction in this matter,” Finley said.  “But in the end, we’ve been forced to take this matter to federal court to protect our rights.”

boneaddict:
GAG me.  If I have to waste tax dollars, I'd love to have it wasted here to fight them.  I hope their coffers are as deep as ours.Maybe in the long run they'll get a judge with some balls and they'll end up losing all rights on the north half becasue they were greedy.

yelp:
Exactly how I felt when I read it. :puke:

bobcat:
I don't know. I don't agree with the law that says you can't have the magazine loaded. It's supposed to be a safety issue, but if the chamber isn't loaded the gun is safe. Just seems like a very minor infraction to take to federal court.   :dunno:

DOUBLELUNG:
I think this one is a loser for the Colvilles.  I see the state prevailing ...

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