Cherokee hunting, fishing rights compact negotiations expected

[dennishoddy]

Lots of legal speak, but it looks like to me that they have their own game rangers, and set their own laws pertaining to wildlife. The bolded part seems to say that a cross-commissioned officer can enforce the rules? Does the ODW cross-commission is the question.

"O. Law enforcement officer—includes the Game Ranger, any Lighthorse
Police officer, the Criminal Investigator of the Attorney General’s Office and
any cross-commissioned Police officer.

§ 2–202. Conservation regulations
A. Within six (6) months of the effective date of this Code, the Game Ranger
shall draft Conservation regulations. The Conservation regulations shall include
specific provisions relating to:
1. The issuance and monitoring of licenses, permits and tags;
2. The establishment of a schedule of fees;
3. The setting of annual seasons for various species of fish, wildlife and
plants;
4. Bag and size limits for various species of fish, wildlife and plants;
5. Approved and prohibited methods of harvesting various species of fish,
wildlife and plants, and for the utilization of outdoor recreational resources;
6. Approved and prohibited methods of accessing and using Tribal property
or specific areas of Tribal property;"

 

[Jared]

Here's the deal....Cherokee Nation is seeking hunting/fishing rights in the original Cherokee Nation treaty land (14 counties I believe). What they originally were lobbying for was for tribal members to be exempt from purchasing hunting/fishing license if they are hunting/fishing in the treaty land. Translation= If your a Cherokee they want you to be able to hunt/fish without a license within that land (any land public or private).

These negotiations aren't concerning tribal lands (property owned or in trust by the tribe). It has always been that on tribal lands, members of the owning tribe dont need hunting/fishing licenses.

 

[Oklahomabassin]

Thank you Jared for the explaination.

 

[Raoul Duke]

The tribes should start issuing NWCO permits and certifying Nuisance Wildlife Control Operators, too.

Oh, and allow hunting with suppressors.

 

[Raoul Duke]

http://www.cherokeephoenix.org/Article/index/5440

 

[Okie4570]

Is it just me, or did Hammons not take both sides in that article at some point? Mood of the day determines how she would handle the dismissal of the ticket?

 

[Raoul Duke]

District Attorney Brian Kuester then filed a motion to dismiss without prejudice, citing “further investigation.”

She said she believes this was the first dismissal made by an Oklahoma court on behalf of a CN citizen for fishing or hunting without a state license. However, she said that if it hadn’t been dismissed and went to court, it could have made possible changes in the rights for Cherokees.

“This does not necessarily reflect a wholesale change in the state’s position on our hunting/fishing rights. A court decision, hopefully, would have given us a stronger legal position,” Hammons said.

Seems like the Cheorkees wanted this in the Courts but the state blinked and backed off because they didn't want to get their asses handed to them in Court, to me.

 

[SMS]

Here's the deal....Cherokee Nation is seeking hunting/fishing rights in the original Cherokee Nation treaty land (14 counties I believe). What they originally were lobbying for was for tribal members to be exempt from purchasing hunting/fishing license if they are hunting/fishing in the treaty land. Translation= If your a Cherokee they want you to be able to hunt/fish without a license within that land (any land public or private).

These negotiations aren't concerning tribal lands (property owned or in trust by the tribe). It has always been that on tribal lands, members of the owning tribe dont need hunting/fishing licenses.

Looks like they were actually seeking statewide rights...and Fallin will give it to them today. The Cherokee Nation will only partially reimburse the ODWC for any issued tribal licenses.

http://m.newsok.com/article/5423263

 

[SoonerATC]

I fully understand their ability to hunt/fish on tribal land without requiring a state license. I'm not sure why they have a right to hunt/fish outside of their tribal borders without one, though, any more than I have a right to hunt/fish in KS without a KS license.

 

[Dave70968]

I fully understand their ability to hunt/fish on tribal land without requiring a state license. I'm not sure why they have a right to hunt/fish outside of their tribal borders without one, though, any more than I have a right to hunt/fish in KS without a KS license.

Perhaps this will help:
http://kgou.org/post/oklahoma-governor-and-cherokee-nation-chief-sign-fishing-license-compact

Oklahoma Governor And Cherokee Nation Chief Sign Fishing License Compact

Oklahoma Governor Mary Fallin and Cherokee Nation Principal Chief Bill John Baker have signed a compact authorizing bulk purchases of Oklahoma hunting and fishing licenses for members of the tribe.

Under the new compact, the Cherokee Nation is expected to purchase more than 150,000 licenses from the Oklahoma Department of Wildlife Conservation for Oklahoma-based tribal citizens over the age of 16. The agreement is expected to generate up to $4 million for the state to be dedicated to wildlife conservation efforts.

The licenses issued to the Cherokee Nation are standard Oklahoma hunting and fishing licenses. The compact goes into effect Jan. 1.

Fallin says the compact will benefit the state and tribe with the state selling an enormous amount of hunting and fishing licenses at discounted prices for tribal members.

They're paying for the licenses. A discounted price, yes, but that often happens with bulk purchases; there's also the possibility that more licenses will be sold than tribe members will actually fish, so revenue may exceed what the state would otherwise receive (speculation on my part). In any event, this isn't a gift without consideration; it's a sale, just on a large scale.