Page 10
Spilyay Tymoo, Warm Springs, Oregon
September 26, 2018
Hunting rights case at Supreme Court
It has been four years
since Clayvin Herrera, a
game warden for the Crow
Tribe of Montana, along with
several other tribal members,
crossed a fence line into
Wyoming, leaving the Crow
Reservation, in pursuit of
elk.
Although none of the
hunters had a license to hunt
in Wyoming, and the state’s
elk hunting season was
closed, three bull elk were
shot, and the meat hauled
back across the border onto
the Crow Reservation.
Subsequently, pictures
posted on Facebook, and
DNA tests conducted against
the Wyoming elk herd, after
investigators confiscated one
of the elk heads from
Herrera, compelled Wyoming
to charge Herrera with two
hunting misdemeanors under
their state law. Found guilty
Free legal
clinic in W.S.
A new free legal clinic will
be taking intakes on Monday,
October 8 at the War m
Springs Community Action
Team Office. Intakes will be
from 10 a.m. to 3 p.m.
Eligible clients will receive
a free 45-60 minute consul-
tation with an attorney to dis-
cuss any legal issues. To find
out if you qualify, call Rayven
at 971-70d-7108. The clinic
is being provided by Karnopp
Petersen LLP and Legal Aid
Services of Oregon.
in 2016 by the Sheridan cir-
cuit court, Herrera was or-
dered to pay $8,080, received
a suspended jail sentence and
had his hunting privileges sus-
pended for three years.
Herrera’s pro bono de-
fense team was never allowed
to argue 1868 treaty stipula-
tions permitting him to hunt
off reservation, and across
state lines, meaning he can-
not, as a tribal member, have
any hunting “privileges,” but
has treaty-established hunting
rights. These treaty-estab-
lished rights are compensa-
tion for lands and resources
taken from the Crow people,
not privileges awarded to a
Wyoming state resident.
The case was appealed
through state courts, and lost
on appeal, based on the rul-
ings of an earlier 1995 case,
Crow Tribe of Indians v Repsis,
which held that the creation
of Wyoming and the Bighorn
National Forest, abrogated
treaty stipulated hunting
rights “on the unoccupied
lands of the United States,”
because these creations con-
stituted occupation.
Last January, the Supreme
Court issued a call for views
of the solicitor general, ob-
ject being to find out what the
federal government thinks of
the case. In response the De-
partment of Justice brief sup-
ports the tribal hunting rights,
asserting Wyoming was in the
wrong.
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