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Author Topic: good day 4 the tribe  (Read 107455 times)

Offline WSU

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Re: good day 4 the tribe
« Reply #285 on: November 03, 2010, 02:10:03 PM »
"WE" are always going to kill more than the tribes- there are MORE of "us." If they want to go by the Boldt decision and say it applies to wildlife the same as it does fish, fine. They can have an equal amount of deer and elk- PROPORTIONALLY. That means if we get one elk per person, they get one elk per person. NOT if we kill 1000 bull elk, they also get to kill 1000 bull elk.

Do you have a reason that case law and the treaties should be interpreted to require proportionality?  Especially, is there a reason other than it seems more fair?


Yes, the words "in common with." Nowhere does it say the tribes are entitled to 50% of the wildlife.

For some reason I feel like I'm talking in a circle.  Using your logic, you are just as wrong.  It doesn't say proportional or one per person either.  Or does it?  Perhaps you can enlighten me.

Offline bobcat

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Re: good day 4 the tribe
« Reply #286 on: November 03, 2010, 02:15:59 PM »
"In common with" means they have the right to hunt wildlife the same as we do, following our laws, and by purchasing the same licenses and tags we are required to buy. That's what it means to me. It's obvious that Judge Boldt interpreted the treaty incorrectly. When people on here call it "indian poaching" they are right. That's what it is. They kill more than their limit, hunt out of season, and don't even bother to buy a hunting license. Oh, and do they wear the required 400 square inches of blaze orange? I doubt it.   :bash:

Offline WSU

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Re: good day 4 the tribe
« Reply #287 on: November 03, 2010, 02:20:20 PM »
"In common with" means they have the right to hunt wildlife the same as we do, following our laws, and by purchasing the same licenses and tags we are required to buy. That's what it means to me. It's obvious that Judge Boldt interpreted the treaty incorrectly. When people on here call it "indian poaching" they are right. That's what it is. They kill more than their limit, hunt out of season, and don't even bother to buy a hunting license. Oh, and do they wear the required 400 square inches of blaze orange? I doubt it.   :bash:

So the courts are wrong because thats what it means to you?  If 2 plus 2 equals 5 to you, does that mean the rest of us are wrong if we say it equals 4?  Is that why it is obvious that Judge Boldt is wrong?  Because it differs from what "in common with" means to you? 

I'm not saying that "in common with" couldn't mean they have a right to hunt and follow our laws, I'm just saying I have seen no evidence that it was ever intended to mean that (at least not until recent history when the rights Indians reserved became inconvenient for us).

Offline runamuk

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Re: good day 4 the tribe
« Reply #288 on: November 03, 2010, 02:25:05 PM »
Sadly Bobcat if you read the Boldt decision it actually was interpreted as 50% this is why crap needs to stay out of the courts because that was just ludicris (sp butchery)    however in common to the average person with a brain to mean you and I are treated similarly.....ie if I get one deer tag pre person you do as well if this is based on management goals and needs......courts lawyers judges and idiots seem to thrive off of making simple concepts complicated.....sorry the name calling is frustration pure and simple and not directed at anyone here....hate to have anyone think I was callying theem a lawyer :yike:

Sorry for the messy spelling and typos am on my phone

Offline bobcat

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Re: good day 4 the tribe
« Reply #289 on: November 03, 2010, 02:33:10 PM »
So the courts are wrong because thats what it means to you?

No. Not just because that's what it means to me, but what it would mean to any normal person who read the phrase "in common with" including most third graders. I'm sure most tribes are just laughing their butts off with the way our judges/lawyers interpret the treaties in favor of the tribes. I'd bet most indians are smart enough to know that the treaties really didn't give them the right to kill off entire herds of elk, some of which didn't even exist before the "white man" came here and transplanted elk to the east side of the Cascades.

Offline Curly

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Re: good day 4 the tribe
« Reply #290 on: November 03, 2010, 02:36:57 PM »
So the courts are wrong because thats what it means to you?

No. Not just because that's what it means to me, but what it would mean to any normal person who read the phrase "in common with" including most third graders. I'm sure most tribes are just laughing their butts off with the way our judges/lawyers interpret the treaties in favor of the tribes. I'd bet most indians are smart enough to know that the treaties really didn't give them the right to kill off entire herds of elk, some of which didn't even exist before the "white man" came here and transplanted elk to the east side of the Cascades.

 :rockin:  :brew:

Yep.  The lawyers and judges can really f things up.
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Offline WSU

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Re: good day 4 the tribe
« Reply #291 on: November 03, 2010, 02:54:55 PM »
So the courts are wrong because thats what it means to you?

No. Not just because that's what it means to me, but what it would mean to any normal person who read the phrase "in common with" including most third graders. I'm sure most tribes are just laughing their butts off with the way our judges/lawyers interpret the treaties in favor of the tribes. I'd bet most indians are smart enough to know that the treaties really didn't give them the right to kill off entire herds of elk, some of which didn't even exist before the "white man" came here and transplanted elk to the east side of the Cascades.

First, you are wrong that elk didn't exist east of the Cascades.  They did until we killed them, then had to transplant them.  This info can be found all over the interwebz.  Here is a map on the RMEF site:

http://www.rmef.org/AllAboutElk/ElkRange/

Notice the brown over the east cascades.  In fact, notice how much more area elk lived in prior to us extirpating them.  But yea, those damn Indians and their wiping out of the herds.  The pot is calling the kettle black.

And your definition isn't what it means to normal people, unless normal people rely on something other than dictionaries to determine what words mean.  See a few posts back were I posted a link to the dictionary definition.  If you disagree, maybe you should take it up with Websters rather than lawyers and judges. 

Further, nobody ever claimed treaties give Indians the right to wipeout herds.  I've acknowledged that we have the right to regulate for conservation.  I have also pointed out that is not the question here.  The fact that people continue to assert that is absurd for a few reasons.  First, we kill more elk in the Colockum than the tribes do.  Second, we have a history of extirpating populations of animals, and in fact are still doing so.  The argument that we only did so 100 years ago holds no water.  I could point to populations that we are today actively wiping out.  You need to look no further than the map from RMEF I posted above and our harvest statistics to see that you can't seriously argue that tribes are worse for elk populations that we have been.

Offline WSU

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Re: good day 4 the tribe
« Reply #292 on: November 03, 2010, 03:03:22 PM »

No. Not just because that's what it means to me, but what it would mean to any normal person who read the phrase "in common with" including most third graders. I'm sure most tribes are just laughing their butts off with the way our judges/lawyers interpret the treaties in favor of the tribes. I'd bet most indians are smart enough to know that the treaties really didn't give them the right to kill off entire herds of elk, some of which didn't even exist before the "white man" came here and transplanted elk to the east side of the Cascades.

I really doubt that when the white man wrote those treaties there was any intent to interfere with his own pursuit of game and fish; basically making himself a second-class citizen in the hunting and fishing world.  Yet the courts have decided that is what he wanted but didn't know it.  Probably back when they were written, the white man was laughing hysterically about how badly the treaties were screwing the natives.

Actually, my understanding is that both sides thought there was plenty to go around.  That is how we got in the dilemna we are in today.  I believe the courts have tried to give them the intent that both sides had at the time, which was we get all the land, and the Indians can still hunt and fish.

Offline bobcat

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Re: good day 4 the tribe
« Reply #293 on: November 03, 2010, 03:21:26 PM »
First, you are wrong that elk didn't exist east of the Cascades.  They did until we killed them, then had to transplant them.  This info can be found all over the interwebz.  Here is a map on the RMEF site:

http://www.rmef.org/AllAboutElk/ElkRange/

Notice the brown over the east cascades.  In fact, notice how much more area elk lived in prior to us extirpating them.  But yea, those damn Indians and their wiping out of the herds.  The pot is calling the kettle black.

That map is such a small scale that I can't see it anyway. But, whether there were elk on the east slope of the Cascades when the white man first arrived is arguable. I've read studies done on the subject and nobody can really say one way or the other. Either way, I'm pretty sure the indians weren't hunting them with 300 magnums and 4 wheel drive Dodge trucks. By the way, if it's so important to stick to every word written in the treaties, why are indians allowed to consume alcohol?

Offline WSU

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Re: good day 4 the tribe
« Reply #294 on: November 03, 2010, 03:23:41 PM »
First, you are wrong that elk didn't exist east of the Cascades.  They did until we killed them, then had to transplant them.  This info can be found all over the interwebz.  Here is a map on the RMEF site:

http://www.rmef.org/AllAboutElk/ElkRange/

Notice the brown over the east cascades.  In fact, notice how much more area elk lived in prior to us extirpating them.  But yea, those damn Indians and their wiping out of the herds.  The pot is calling the kettle black.

By the way, if it's so important to stick to every word written in the treaties, why are indians allowed to consume alcohol?

Don't know the answer to that.  Lack of enforcement, much like all other crime?  Does that change anything?

Offline bobcat

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Re: good day 4 the tribe
« Reply #295 on: November 03, 2010, 03:25:09 PM »
No, actually nothing we say will change anything.

Offline bobcat

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Re: good day 4 the tribe
« Reply #296 on: November 03, 2010, 03:26:20 PM »
Interesting report I found regarding the historical presence of elk in eastern Washington. I don't know if it answers any questions and I don't have time to read it right now, but I will later:

https://research.wsulibs.wsu.edu:8443/xmlui/bitstream/handle/2376/1274/v70%20p262%20Dixon%20and%20Lyman.PDF?sequence=1

Offline Curly

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Re: good day 4 the tribe
« Reply #297 on: November 03, 2010, 03:27:17 PM »
Just maybe, the elk were wiped out by the native Americans before the settlers showed up............. :dunno:
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Offline WSU

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Re: good day 4 the tribe
« Reply #298 on: November 03, 2010, 03:34:52 PM »
Just maybe, the elk were wiped out by the native Americans before the settlers showed up............. :dunno:

Perhaps, but I know that settlers and the like are known to have killed them off in a lot of areas.  Market hunting was a big thing back in the day, and resulted in wiping out a lot of elk.  RMEF has stuff here:

 http://www.rmef.org/AllAboutElk/ElkInHistory

Offline colockumelk

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Re: good day 4 the tribe
« Reply #299 on: November 03, 2010, 05:33:02 PM »
6x6rack,

Obviously you are very firm on your position against tribal treaty hunting, but I'm curious if your negative experiences with tribes are only in your area or across the entire state?  I'm only familiar with what goes on in my own areas.  Also, I would suggest that if you're going to be a spokespearson on this forum for anti-treaty hunting that you refrain from using sarcastic comments and name calling.  I think you probably have good thoughts and ideas but they get lost in all that other stuff. 

Hopefully you don't think that I'm trying to get a rise out of you, I just think using phrases like "wreckless indian idiots" is counterproductive.  It kind of makes it sound more like you hate indians rather than you care about wildlife...I doubt thats the case.  I did appreciate the lesson on population dynamics (or at least I think that was you, I've lost track at who's who now because you've gained so many supporters).  As a wildlife manager myself, I've seen that tribes now have plenty of money (not necessarily casino money, but the ability to get federal grants) to conduct population surveys and big game research in the areas they hunt...even using radio telemetry to get a measure of non-reporting (good stuff, I think). at least where I'm from they are starting to align the bag limits with what the population data shows...while also considering state harvest.  It seems to be getting better.  Anybody who cares about deer on the westside should look into the Blacktail deer study that is being conducted by the Makah tribe (with assistance by WDFW,other tribes,volunteers,etc..).  Even WDFW officials consider it to be some of the best blacktail research...I think the emphasis is on fawn survival.  By the way, the one thing that I agree seems to be lagging behind is tribal enforcment...hopefully that'll improve.

Is it your intent to find a way to get rid of treaty hunting or would you be satisified if tribes were cooperatively managing game with the state in a way that would not lead to a decline in wildlife populations or trophy quality animals?   

Good post coastal native.  None of us are against treaty hunting.  And when myself and most others on here talk about this stuff it's not a statewide thing.  Its mostly just a Yakama thing.  I for one have no clue what other tribes do.  I do know some facts about my neck of the woods.  I will use the Colockum as the example. 

In the past ten years the Colockum herd has seen its branch bull population reduced by 70%.  It has gone down from around 372 down to about 115.  The branch bull to cow ratio is currently at a whopping 3:100.  A healthy herd should be from 12-20:100.  During this ten years Non-Tribal hunters have had all cow tags taken away.  The muzlle loader season was taken away and it has now gone from spike only to "True Spike" including bow hunters.  Also our branch bull tags have been drastically reduced.  Most people are fine with this as if the herd is hurting that bad then we have to do what we have to do to let the herd survive. 

Now on the flip side of this every year more and more Yakamas hunt this area and kill more and more branch bulls.  This is because like all hunters if word gets out about a honey hole people start showing up.  There is one member on this site who shot 6 branch bulls in one year from this area..  (I have pictures of 4 of them)  This ONE tribal hunter harvested more branch bulls in this area in one year than ALL Non-Tribal hunters combined.  So while we as "Non-Native" hunters face more and more restrictions every year and harvest less and less.... The Yakamas still have free reign with no restrictions in a unit that has an elk population that can't take much more. 

Many on here (especially me) would like it to go to permit only for at least three years to give the herd a chance to come back.  We are willing to do our part in saving this herd.  But the Yakama Nation which demands that it be allowed to hunt some 60 miles north of its reservation borders doesn't contribute one cent to helping this herd out.  In fact they also refuse to conduct harvest surveys to aid the WDFW in better managing this herd.  They have flat out refused to help the WDFW in any way. 

All that members on here are asking for is this...  In regards to the Colockum that they are forced in some way to submit harvest reports and to limit the amount of bull elk taken in this area.  That's it.  I don't want to take privelages away.  But the Yakamas are taking advantage of a good thing.  In fact I'm pretty sure their ancestors would be ashamed at the lack of respect given to their neighbors and the game that they hunt.

No one on here would probably care if Yakamas or any other member harvest a few bulls a year if it wasn't for the fact that it is seriously hurting our elk herd.  Its not so much a racial thing or a US vs Them kind of thing its simply we have an elk herd being driven to extinction and while we are trying to do something about it the other side refuses to help out.  Its very frustrating because the Yakamas have the legal right to do what they do.  However just because they can doesn't mean its right or ethical.  I can legally go to Saudi Arabia and beat my wife but that would be wrong.  If the Yakamas don't limit themselves and start policing their own there wont be a Colockum elk herd to argue about. 
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Author: George Orwell

 


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