Coeur d'Alene Tribal Hunting fee Increase

[bigtex]

Not sure if it is true, but supposedly they have hired 3 new Game Wardens....but again, I'm not sure if this is correct information or not.

What do you mean when you say "Game Wardens" is it tribal Game wardens? I heard that there was 3 "federal" Game Wardens hired to patrol the Rez, but I don't have much confidence in my source.  Tribal, State and Federal Game Wardens are 3 totally different things.

They would be tribal game wardens. They may be deputized by USFWS like all state game wardens are, but they will be employed by the tribe.

[Broomd]

Wow, shocked to read this. Mixed feelings.

We do live on the CDA tribal reservation, and we hunt deer and elk right on our place. Up until now it's been a free-for-all with NR and non-reservation residents. No one cared about this permit--many hunted without it, but you better believe the tribe WILL BE ENFORCING THIS given the monies involved.
This may help to weed out the endless road hunters here -- ended up with a bullet hole in my shop just last year.
Hate to see things get this expensive, even we rez residents will be paying a lot more if we want to chase game around our acreages, but like everything else things were getting out of hand in Idaho.

People from Hayden and everywhere else that commence on our hills once a year would feel 100% the same if the tables were turned and we were constantly hunting and shooting around their places. Many residents around here feel that it's a 'offer nothing' and 'take everything' scenario every single year around here.

[hard hunter]

Does anyone know where the tribe is getting their authority to regulate hunting and fishing on privately owned land?  I thought that US. vs Montana showed that they had no authority to regulate on private owned land on the reservation.

[idaho guy]

Does anyone know where the tribe is getting their authority to regulate hunting and fishing on privately owned land?  I thought that US. vs Montana showed that they had no authority to regulate on private owned land on the reservation.

 :yeah:Good question. The problem I see is once you’re in tribal court you’re in tribal court and pretty much will have to play by there rules. It’s going to be interesting as a lot of hunters never purchased the license when it was only like 10 dollars. I always bought it if I hunted there but also always wondered why they were so cheap. It was inevitable with what other reservations charge. Maybe they will manage it better with higher costs and it could end up being worth the 600?

[hunter399]

Does anyone know where the tribe is getting their authority to regulate hunting and fishing on privately owned land?  I thought that US. vs Montana showed that they had no authority to regulate on private owned land on the reservation.

 :yeah:Good question. The problem I see is once you’re in tribal court you’re in tribal court and pretty much will have to play by there rules. It’s going to be interesting as a lot of hunters never purchased the license when it was only like 10 dollars. I always bought it if I hunted there but also always wondered why they were so cheap. It was inevitable with what other reservations charge. Maybe they will manage it better with higher costs and it could end up being worth the 600?

I think it vary from state to state ,look at Washington ,WDFW has no control over reservation wildlife laws. They work "Together" to come up with some kind of plan.
So I wouldn't expect any changes anytime soon.
As it sounds like this was a non resident loop hole.
Pay to play is what hunting has become.

[snake]

Wondering if anyone has heard of any conflicts with the tribe yet this season.  IDFG still disagrees with the tribes stance on where the permit is required.  I know lots of guys who said screw it and are hunting private( timber company) land within the Rez and are not paying the increased tribal fee.

[Machias]

Haven't heard anything yet.

[hard hunter]

Is anyone hunting without this?  Has anyone been stopped on private land?  Is anyone going to hunt without the permit?

According to at least 1 county DA the tribe cannot put a non-native into tribal court, it has to go to federal court.  Any truth to this?

[pianoman9701]

Yes, I qualify for the resident Senior/Military rate.

Us old farts do have benefits! 

[KFhunter]

I think the tribes can only try non-native in limited domestic violence cases, where a native woman is attacked by a non-native partner.

Other than that SCOTUS says tribes cannot try non-natives, thus they hold you and refer it to another non-native agency for stuff like dui.

What I don't know is if CDA tribal police are cross deputized, then they could enforce against native and non-native alike, and take you to the appropriate court

[idaho guy]

Is anyone hunting without this?  Has anyone been stopped on private land?  Is anyone going to hunt without the permit?

According to at least 1 county DA the tribe cannot put a non-native into tribal court, it has to go to federal court.  Any truth to this?

 

I am not going to hunt the rez without a tribal permit, so I wont be hunting down there. Word on the street is a lot of people are going to hunt the timber company other private with out it. I think it will be interesting. I choose to let someone else test the waters  I hope people post up anything they find out about it-I am interested to see how it goes   

[snake]

Is anyone hunting without this?  Has anyone been stopped on private land?  Is anyone going to hunt without the permit?

According to at least 1 county DA the tribe cannot put a non-native into tribal court, it has to go to federal court.  Any truth to this?

 

I am not going to hunt the rez without a tribal permit, so I wont be hunting down there. Word on the street is a lot of people are going to hunt the timber company other private with out it. I think it will be interesting. I choose to let someone else test the waters  I hope people post up anything they find out about it-I am interested to see how it goes

I figured if there would be problems it would happen during archery elk in September.  I know a ton of people who are hunting Private/ Timber land on the Rez. 

[idahohuntr]

This is a nothing burger.  The Tribe does not have authority to regulate non tribal member hunting on fee simple lands even if they are within the bounds of the reservation.  Tribal court jurisdiction is a very messy subject of law - as pointed out in a recent SCOTUS case - however, if there were an issue - as a non-member you would almost certainly end up in federal court...but none of that applies to anyone simply hunting with a valid Idaho license on non-tribal owned lands within the bounds of the reservation. 

[Buckhunter24]

This is a nothing burger.  The Tribe does not have authority to regulate non tribal member hunting on fee simple lands even if they are within the bounds of the reservation.  Tribal court jurisdiction is a very messy subject of law - as pointed out in a recent SCOTUS case - however, if there were an issue - as a non-member you would almost certainly end up in federal court...but none of that applies to anyone simply hunting with a valid Idaho license on non-tribal owned lands within the bounds of the reservation.

Do you have a source on this id like to read it

[idahohuntr]

This is a nothing burger.  The Tribe does not have authority to regulate non tribal member hunting on fee simple lands even if they are within the bounds of the reservation.  Tribal court jurisdiction is a very messy subject of law - as pointed out in a recent SCOTUS case - however, if there were an issue - as a non-member you would almost certainly end up in federal court...but none of that applies to anyone simply hunting with a valid Idaho license on non-tribal owned lands within the bounds of the reservation.

Do you have a source on this id like to read it

Yep... Montana v. United States, 450 U.S. 544 (1981)

Bottom line - SCOTUS addressed this exact question in 1981.  CDA Tribe can assert whatever they want...they are not going to be regulating private or non-tribal lands even if they are within reservation bounds.