Shoot a Montana Bighorn for only 5K..

Indians do it fairly often. Can shoot anything they want, wherever they want, on any land they want. They can go on a closed game range and shoot elk in dead of winter. Without consequence.

Lots of stuff in this world just ain't right.
are you saying they can legally shoot anything, any time, anywhere?
do you have a link?
 
are you saying they can legally shoot anything, any time, anywhere?
do you have a link?
I have a friend that is a tribal member. the information is straight from him. This is something we discuss from time to time. I have no link to the information. Sure I can find more information if folks are interested. There has been a few situations here in Montana in the last few years that went to court.

For anybody reading this, please understand I am not comparing the sheep guy to this situation. This I believe is however a situation that needs addressed. I believe some changes should be made. I do not believe someone should be able to enter a closed winter range and shoot a 400 inch bull or 185 inch sheep in January based on ethnicity. I also believe that what happens on tribal land is none of our business. However, I believe that what happens outside of tribal land is our business.

I understand and am well read on the treaty stuff. Also understand the intent of the time when written. If folks who are down and out need meat I have no issue with filling freezers from a food POV or a heritage POV. Shooting mature Male animals in dead of winter outside of tribal land is not a good situation. it benefits noone
 
are you saying they can legally shoot anything, any time, anywhere?
do you have a link?
Look up state vs. stasso. this was in the 70's.

also NWIFC.org/about-us/wildlife/treaty-hunting-rights-faq

can hunt any land not claimed by a indivdual. forest example, forest service land
 
Look up state vs. stasso. this was in the 70's.

also NWIFC.org/about-us/wildlife/treaty-hunting-rights-faq

can hunt any land not claimed by a indivdual. forest example, forest service land


Native Americans cannot hunt anywhere, anytime- at least in Montana. They are cited for breaking the law like anyone else. Many of the reservations have now adopted game codes of their own, limiting what members can do even on their own reservation.

If this weren't the case I've wasted a lot time citing dozens and dozens of folks wrongly over the years and they've wasted their money pay the fines! :D
 
Native Americans cannot hunt anywhere, anytime- at least in Montana. They are cited for breaking the law like anyone else. Many of the reservations have now adopted game codes of their own, limiting what members can do even on their own reservation.

If this weren't the case I've wasted a lot time citing dozens and dozens of folks wrongly over the years and they've wasted their money pay the fines! :D
This is fantastic news. Are there any codes or court documents that I can access for visual proof. I have some friends that are dead set on killing a bull moose that is crossing back and forth on a road right now. another guy and I have them held off for now. This is a nice mature moose that we enjoy watching. It's in a area that has no moose season.

However, the only thing I can find supports these other fellas statements. that they can hunt any land not claimed by a individual.

If there is any documentation that supports what you are saying, it would be a fantastic help and probably save some friendships. if they do this, they will no longer be allowed within 20 miles of us.
This moose is long ways from any form of reservation land
 
call your local game warden, he'll know with certainty if they have any treaty rights (there are very few places in the state where members can legally hunt off the reservation)- if they don't he'll certainly appreciate the heads up and can take care of business if they actually take a moose or you can possibly nip it in the bud
 
clsoeest thing to montana I can find. Is the Herrea vs. wyoming case.
His friends paid the fines, he challenged. Lost in the first 2 courts, then supreme court upheld his claims.

Anyway, it's interesting stuff. And frustrating
 
call your local game warden, he'll know with certainty if they have any treaty rights (there are very few places in the state where members can legally hunt off the reservation)- if they don't he'll certainly appreciate the heads up and can take care of business if they actually take a moose or you can possibly nip it in the bud
We have been in contact with FWP. No answers yet.
 
The problem everyone keeps running into is the definition of occupied lands. And trying to fit ungulates into critical conservation category. Although citations are issued they can get overturned in court if fought enough. Although most of these guys pay the fines. it doesn't help the ungulates.

There is no season on moose in this area for a reason. Wolves and bears are terrible thick
 
if you're going through the regional office, I'd advise going directly to your local warden

Herrera was a spin off case of Crow Tribe vs Repsis - Chuck Repsis was a Wyoming G&F warden (and a close friend of mine) who cited a Crow member for killing an elk off the reservation in 1989
 
if you're going through the regional office, I'd advise going directly to your local warden

Herrera was a spin off case of Crow Tribe vs Repsis - Chuck Repsis was a Wyoming G&F warden (and a close friend of mine) who cited a Crow member for killing an elk off the reservation in 1989
We don't have a warden in our area. Had a new guy but he was transferred. Our closest is Mr. Duty. I will give him a call.
 
if you're going through the regional office, I'd advise going directly to your local warden

Herrera was a spin off case of Crow Tribe vs Repsis - Chuck Repsis was a Wyoming G&F warden (and a close friend of mine) who cited a Crow member for killing an elk off the reservation in 1989
I believe the Repsis case was one of the cases cited in the Herrera case. Herrera was a 2019 case that was just settled in December 2021.

narf.org/cases/crow-hunting/
Article by Attorney Dan Lewerenz. December 14, 2021

Says: December 3, 2021 Wyoming district court for 4th Judicial district held that Crow tribal treaty hunters may assert their treaty rights as a defense to prosecution. (Judge John G. Fenn). that state cannot use past cases from lower court. the conservation argument is no longer valid. Also that state has to prove hunting was done on occupied land.

I get this is in Wyoming. My question is: Does this effect other states and tribes? is this the new case law president?

Those are answers I haven't been able to get.
 
We don't have a warden in our area. Had a new guy but he was transferred. Our closest is Mr. Duty. I will give him a call.

yeah give Rod a call :)

there is no precedence set until someone is cited AND they challenge it AND the challenge is upheld by the highest court it's brought in front of
 
yeah give Rod a call :)

there is no precedence set until someone is cited AND they challenge it AND the challenge is upheld by the highest court it's brought in front of
My thinking is this Herrera deal in Wyoming just set the precedent. I'm really really hoping I'm wrong. Also really hoping someone can give something different then the Herrera deal, since that was originally upheld by U.S. supreme court.

Anyway, thanks for the advice it is appreciated. I bug poor ol Rod all the time...lol...Left him a message hopefully hear back tomorrow.
 
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