Wildlife officials wrong to ticket tribal fisherman, high court rules

[Gringo31]

I don't see this as an issue as long as the tribal fish cops went after this guy and he was punished.  If nothing happened......then it is all smoke and mirrors.

[Gringo31]

The crickets are deafening 

[buckhorn2]

 I hope you are right in that the tribal officer did his job. I just feel that if a law is broken no matter if it;s  fishing or hunting that any officer of the law should be able to inforce the law. Where I live if you are speeding or if there is a game violation the reservation cops are there and ticket non indians so why is it  that our wardens cannot give tickets to tribal people it;s another they can we can;t issue but the laws were made for all people and should be able to be inforced by all inforcement .

[bigtex]

Where I live if you are speeding or if there is a game violation the reservation cops are there and ticket non indians

The only way tribal officers can cite/arrest non-tribal members on/off reservation is if they are commissioned (deputized) by the county sheriff.

Off the top of my head I know Colville Tribal Police are commissioned by both Okanogan and Ferry counties. Tulalip by Snohomish County. The police department for the Muckleshoot and Snoqualmie tribes are actually King County Sheriff Deputies that the tribes pay for so obviously they can cite/arrest anybody they want. I am sure there are other tribes who have been given this authority I just don't know of it.

[Gringo31]

I'm going to keep bumping this until someone tells me that this was/is being ignored by tribal wardens or that the tribe actually did something about it.....

[JLS]

The way I read it, he was not in violation of tribal law.  I may be mistaken?

[Gringo31]

I suppose I'm thinking what I am because of this statement

This was announced yesterday at our General Council and the WDFW Officer should have turned the case over to the proper jurisdiction (Yakama Nation Game Wardens) and they would have handled the situation accordingly per Tribal Law since the WDFW has no jurisdiction over Tribal Members while exercising their Treaty Rigths and could've saved the State a lot of time and money that could've been spent better somewhere else.

[PlateauNDN]

I suppose I'm thinking what I am because of this statement

This was announced yesterday at our General Council and the WDFW Officer should have turned the case over to the proper jurisdiction (Yakama Nation Game Wardens) and they would have handled the situation accordingly per Tribal Law since the WDFW has no jurisdiction over Tribal Members while exercising their Treaty Rigths and could've saved the State a lot of time and money that could've been spent better somewhere else.

No, because he released the sturgeon from the shore and per Our Law that is permissible.  No law violated, No foul. 

[Gringo31]

That is sufficient for me.

Thanks Plat.

[h2ofowlr]

I have watched this happen many times near the wind river.  I have watched the indian boats returning to the launch dumping sturgeon over the side as they are picking through the fish.  The last two years we have watched the fish either floating or laying on the bottom depending on depth.  I am sure they only did it as they were going to the launch.  Otherwise it would have been a different story. 
I think the mentality become norm for most that they do what they want and it becomes legal in there minds as everything seems to fly as there is virtually no consequence for anything anymore.
We have talked to the tribal GW at the boat launch several times and he could care less what we have to say.  If the WDFW guy had turned the case over to the Yakima GW, nothing would have happened, probably related.
It's a joke what they get away on the CR.  The other joke is how many fish they report that they catch.  That is another story for another day.  It is slowly reverting to the days of no laws.

[PlateauNDN]

So you say h2o, when I worked there we practically lived down at the river and the boat never touched dry land til well after the seasons were over.  I can say most of the families down there are very territorial and if you venture into their family plot or are doing something illegal we were first to know asap.  But then again who would know better than somebody that worked for the Tribal PD for many years than you right, not me.

[biggdogg]

We is it the yakamas always get the short end of the stick when it comes to fishing the columbia river, who r first one to clean out the lower river, who always catches more fish then us the sportsmen. I think the tribe needs to step up and start getting the share of the fish we are allowed to catch. U can look at the numbers every year and see who catches the most fish, and who gets shut off everyone fishing above the bonneville dam, and i do agree our tribal game wardens need to start cleaning house on yakamas partying and doing dumb sh*t on the river.

[PlateauNDN]

Got a point there bigdogg and it is not just us the Yakamas that have access to fish the Columbia.  There are other Tribes that fish down there as well, from Oregon.

[HairTrigger]

We is it the yakamas always get the short end of the stick when it comes to fishing the columbia river, who r first one to clean out the lower river, who always catches more fish then us the sportsmen. I think the tribe needs to step up and start getting the share of the fish we are allowed to catch. U can look at the numbers every year and see who catches the most fish, and who gets shut off everyone fishing above the bonneville dam, and i do agree our tribal game wardens need to start cleaning house on yakamas partying and doing dumb sh*t on the river.

yup all the commercial fishermen below the dam before they even get there need to be more regs or stopped never see any of there reports on there catches

[biggdogg]

Plat I disagree with thr rights the other tribes have on that river they r all sell outs sold all their fishing and hunting rights, i always call them piggy back tribes lets do what the yakamas do.