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Author Topic: Coeur d'Alene Tribal Hunting fee Increase  (Read 7963 times)

Offline Buckhunter24

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Re: Coeur d'Alene Tribal Hunting fee Increase
« Reply #30 on: October 04, 2021, 09:23:38 PM »
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.

Thanks I read through it. I guess in washington the wdfw just doesn't have any open seasons within the boundaries of the bigger reservations so thats why no nontribal hunting on fee lands occur in washington

 


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