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Beringia

(4,316 posts)
Wed Jan 30, 2019, 11:43 PM Jan 2019

Trump administration sides with Crow Indian man who hunted elk off the reservation

Last edited Thu Jan 31, 2019, 03:51 AM - Edit history (1)

https://abcnews.go.com/Politics/native-american-tribe-member-killed-elk-feed-family/story?id=60160547

The state of Wyoming says they can't kill the animals on federal forest land without a permit.

The Supreme Court will now decide whether an 1868 treaty protects the Native Americans' right to hunt.

During a 2014 hunting expedition, Clayvin Herrera and three other tribal members pursued a small herd of elk as it moved from the Crow Reservation in Montana to the Bighorn National Forest in Wyoming. There the hunting party "shot, quartered and packed" three elk, and carried the meat back to the reservation, dividing it among their families, according to court documents.

Wyoming game officials later tracked down Herrera and charged him with hunting off season and without a license. A state court convicted Herrera, and he was ordered to pay an $8,000 fine and give up hunting privileges for three years.

Herrera said the Second Treaty of Fort Laramie from 1868 -- between the United States and Crow Tribe, before Wyoming became a state -- expressly allows tribal members to legally hunt in unpopulated federal forest lands at any time.

Moreover, the state is arguing that federal courts have already resolved the issue: Twenty-five years ago, in a similar case involving the Crow Tribe, the Tenth Circuit Court of Appeals concluded, “The Tribe and its members are subject to the game laws of Wyoming."

The Trump administration has taken Herrera's side, writing in a brief to the court that, in its view, neither Wyoming statehood nor creation of the national forest terminated the Crow Tribe's hunting rights under the treaty.
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Bayard

(22,094 posts)
4. When hunting is seriously to feed your family
Thu Jan 31, 2019, 01:54 AM
Jan 2019

Not for sport or bragging rights.

"carried the meat back to the reservation, dividing it among their families,"

Beringia

(4,316 posts)
8. I wonder a bit about this Clayvin Herrera guy though
Thu Jan 31, 2019, 03:56 AM
Jan 2019

He might be hunting just to kill the big animals with the biggest antlers. He has pics featured on a big game hunting site.

http://www.monstermuleys.com/photos/PhotosID2/1985.html

Alea

(706 posts)
5. Yep this was not a sport hunt either. I stand with the Tribe on this.
Thu Jan 31, 2019, 02:04 AM
Jan 2019

trump *trying to look like a good guy is ulterior motive, but if it helps the Crowe I'm good with this.

Note: I know the first letter in a sentence is supposed to be capitalized, but I never capitalize trump ever. He don't deserve a capital letter so please grammar police cut me a break

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