CDA Tribe Increases Non-Resident Fees

[Deleted member 28227]

Do you know who hasn't asked this question in a couple of hundred years?

The Coeur d'Alene Indains

Tribal jurisdiction has been pretty murky for the last couple hundred years... see recent events with the crow and in Oklahoma. I'd give them a pass, if anything someone will fight it and we will have a definitive answer.

 

[morley.tyler]

Tribal jurisdiction has been pretty murky for the last couple hundred years... see recent events with the crow and in Oklahoma. I'd give them a pass, if anything someone will fight it and we will have a definitive answer.

I was giving the tribe a pass. My comments were more aimed at a group having jurisdiction over lands that do not belong to them... The US vs the Aboriginal peoples of America, et al

Again- my attempts at humor are often ham fisted and lumpy, just like me

 

[44hunter45]

I guess that's what I'm driving at; seems like you should either get your tag from the tribe or the state not both. If you get the tag from the state then the tribe should only be able to regulate access to "public" tribal lands. If you get your tag from then tribe then yeah, full jurisdiction, just like Canada.

I can't think of another situation where an agency or group has jurisdiction for land they don't own.

This is just like a Copper River Bison tag in Alaska. ADFG tells you in the regs that the animals move on and off private AND that you will have to pay a $1500 access fee to the tribes if you get the tag.

The relationship between each tribe and others is governed by that tribe's individual treaty. There is no one size fits all. In the US, the tribe does not OWN the wildlife, Non-tribal member are still subject to state regualtions, I.E. you still get your tag from the state. The rights of tribal members to take game without tags is governed by their treaty.

https://www.bia.gov/sites/bia.gov/files/assets/public/raca/manual/pdf/idc2-060922.pdf

Herrera v Wyoming may have some impact on the BIA document. I'm not a lawyer, but I play one on Social Media.

@VikingsGuy ?

 

[VikingsGuy]

This is just like a Copper River Bison tag in Alaska. ADFG tells you in the regs that the animals move on and off private AND that you will have to pay a $1500 access fee to the tribes if you get the tag.

The relationship between each tribe and others is governed by that tribe's individual treaty. There is no one size fits all. In the US, the tribe does not OWN the wildlife, Non-tribal member are still subject to state regualtions, I.E. you still get your tag from the state. The rights of tribal members to take game without tags is governed by their treaty.

https://www.bia.gov/sites/bia.gov/files/assets/public/raca/manual/pdf/idc2-060922.pdf

Herrera v Wyoming may have some impact on the BIA document. I'm not a lawyer, but I play one on Social Media.

@VikingsGuy ?

Herrera should have not an effect on CDA/ID hunting rules. Different tribe, different treaty, different state.

 

[Deleted member 28227]

This is just like a Copper River Bison tag in Alaska. ADFG tells you in the regs that the animals move on and off private AND that you will have to pay a $1500 access fee to the tribes if you get the tag.

The relationship between each tribe and others is governed by that tribe's individual treaty. There is no one size fits all. In the US, the tribe does not OWN the wildlife, Non-tribal member are still subject to state regualtions, I.E. you still get your tag from the state. The rights of tribal members to take game without tags is governed by their treaty.

https://www.bia.gov/sites/bia.gov/files/assets/public/raca/manual/pdf/idc2-060922.pdf

Herrera v Wyoming may have some impact on the BIA document. I'm not a lawyer, but I play one on Social Media.

@VikingsGuy ?

Not really like the Copper River Tag, in that example you're paying for a trespass fee.

If I bought 50 acres on the Res and wanted to hunt my land I would, apparently have to buy a ID tag and a Res permit. I don't know of, for instance, a county that charges a permit to hunt.

This is possibly a larger argument between the state and the tribe about jurisdiction.

 

[44hunter45]

Not really like the Copper River Tag, in that example you're paying for a trespass fee.

If I bought 50 acres on the Res and wanted to hunt my land I would, apparently have to buy a ID tag and a Res permit. I don't know of, for instance, a county that charges a permit to hunt.

This is possibly a larger argument between the state and the tribe about jurisdiction.

I hope their aren't any County Commissioners reading this thread. I can see their eyes lighting up. Counties' relationships to non residents and fees are not relevant to a discussion of NA treaty rights.

Read the DIA document. Tribes have both the right to hunt and to control hunting of non-members on their treaty land. This includes Native Americans of a different tribe.

"....Absent Tribal consent, non-Indians and Indian non Tribal members have no right to engage in the following activities: hunting, fishing, trapping, or gathering on trust or restricted lands within the boundaries of a reservation. ...."

The CDA is selling that consent.

The 9th Circuit ruled in a 1981 case that tribes can charge non-tribal members to hunt treaty lands. "White Mountain Apache Tribe v Arizona"

This all seems pretty black and white.

 

[Deleted member 28227]

I hope their aren't any County Commissioners reading this thread. I can see their eyes lighting up. Counties' relationships to non residents and fees are not relevant to a discussion of NA treaty rights.

Read the DIA document. Tribes have both the right to hunt and to control hunting of non-members on their treaty land. This includes Native Americans of a different tribe.

"....Absent Tribal consent, non-Indians and Indian non Tribal members have no right to engage in the following activities: hunting, fishing, trapping, or gathering on trust or restricted lands within the boundaries of a reservation. ...."

The CDA is selling that consent.

The 9th Circuit ruled in a 1981 case that tribes can charge non-tribal members to hunt treaty lands. "White Mountain Apache Tribe v Arizona"

This all seems pretty black and white.

My question would then be, what jurisdiction does the state have to sell tags within the boundary.

 

[VikingsGuy]

My question would then be, what jurisdiction does the state have to sell tags within the boundary.

Could easily be coordinated this way in a compact between the tribe and state governing wildlife on the reservation.

 

[westbranch]

In practice it means I will now simply make sure I'm not in this geography hunting or fishing. I still maintain there is a lot of good hunting to be had close to the city of CDA that is not in GMU 5

No doubt, I have only been here since 2017 and unit 5 is the only Panhandle unit I have not hunted. There are spots close to town that have a lot of separation from other hunters not far from the road due to the terrain and vegetation. And allow some bucks and bulls to grow old even with the ever increasing pressure. This interests me more from a big picture access, pressure, continued population growth, etc. standpoint. With continued growth in the state something will have to be done about spreading out pressure from resident hunters in the near future.

 

[idahohuntr]

Didn't see this thread earlier - but I think Montana v. United States already settles this issue. The court held in that case that Tribes really do not have authority to regulate non-member hunting and fishing on non-tribal lands even though they are within the bounds of a reservation. Tribal jurisdiction is often very messy, but I think this one will be pretty clear. If you hunt on Tribal trust lands within the reservation - you'd better pay their fee. If you are not on Tribal trust lands (even though you are inside the reservation boundary) and you are not a tribal member, state hunting regulations and fees are what would apply to you.

 

[lastlight]

Anyone know if you can target shoot on the CDA res (looking for long range for my rifle) with or without some kind of permit?

 

[44hunter45]

Call the office in Plummer and ask. 208-686-5302

I pick up range brass in a couple of locations within the Reservation borders. I do not know if the shooters were legal or not.
I don't ask since I'm not there to shoot. I find brass almost every time I go to look for it.

Section 1, Part C of the regulation book is a little confusing in the language. I assume the word "shoot" in the sentence refers to killing game, but a tribal Law Enforcement Officer might see it differently.

Section 1. Tribal License Requirements and Fees
A. Residents of the Coeur d’Alene Indian Reservation may be allowed to hunt and fish on the
Reservation upon issuance of a Tribal permit provided they have been physically residing on the
Reservation for the preceding year. Permits are only valid within the exterior boundaries of the
Reservation.
B. Nonresidents may be allowed to hunt and fish on the Reservation upon issuance of a Tribal
permit. Permits are only valid within the exterior boundaries of the Reservation.
C. Nobody shall shoot, hunt, trap, kill, injure, harass or take in any manner, any game animal within
the exterior boundaries of the Coeur d’Alene Indian Reservation without having in his/her
possession a current Tribal permit issued in the name of the holder thereof as provided by these
regulations.

Depending on how you define "Long Range", you might want to head over to the Mica club. I haven't been there for years, but the rifle area used to be open to the public.

 

[lastlight]

Yea that part was confusing to me as well about “shoot” glad I’m not the only one.

Thanks for the number I’ll give them a call.

 

[lastlight]

Oh and in case anyone has any better ideas I’m just looking to shoot from time to time new load developments. I don’t want to join a club and I like to shoot on public land out far. But I also don’t want to shoot near anybody’s good hunting spots or where I would be annoying. I lost my old spot, if anyone has other ideas in the NF close to CDA or if the Res would suffice I am all ears.

 

[BackofBeyond]

Oh and in case anyone has any better ideas I’m just looking to shoot from time to time new load developments. I don’t want to join a club and I like to shoot on public land out far. But I also don’t want to shoot near anybody’s good hunting spots or where I would be annoying. I lost my old spot, if anyone has other ideas in the NF close to CDA or if the Res would suffice I am all ears.

Head over to the public range in Smelterville. The Shoshone County Sheriff maintains it. Straight up great range.

 

[westbranch]

Majority of the more open Res land that would be long range is active farmland. Either they farm it, or they lease it out to local farmers. Doubt they allow target shooting on any it. I was going to recommend Shoshone range as well. Hard to find any NF areas around here that you can shoot more than 150 yards.