4 AUGUST 1,2011
Smoke Signals
Court upholds state's rule that
grants Tribe ceremonial rights
By Dean Rhodes
Smoke Signalt editor
The Oregon Court of Appeals issued a significant decision in favor of the
Confederated Tribes of Grand Ronde on Wednesday, July 27, when it said
that the state Fish and Wildlife Commission's rule authorizing ceremony
hunting permits for Tribal members was valid.
The ruling came in response to a lawsuit filed by the Confederated Tribes
of Siletz Indians, who argued that the rule exceeded the Fish and Wildlife
Commission's statutory authority.
The Confederated Tribes of Grand Ronde was granted ceremonial hunt
ing rights by the state Fish and Wildlife Commission in April 2008. The
commission unanimously re-adopted the rule allowing the ceremonial
hunting permits in October 2009.
The rule grants Grand Ronde Tribal members ceremonial hunting rights
in the Trask Hunting Unit, which is north of Grand Ronde roughly between
the coast and Forest Grove.
The rule was created to allow Grand Ronde Tribal members to hunt for
fresh deer, elk and bear meat for important Tribal ceremonies and celebra
tions that occur outside of the state's regular big game hunting seasons.
The Siletz argued that creation of the ceremonial hunting rule exceeded
the commission's statutory authority because the 1986 hunting and fish
ing agreement between the state and Grand Ronde Tribe had not been
amended or modified.
The Fish and Wildlife Commission countered, saying it had broad statu
tory authority to authorize hunting and it was under that authority that
the ceremonial hunting rule was adopted.
The Court of Appeals agreed with the commission.
"The rule at issue in this case was promulgated following a joint proc
lamation from the Governor, the FWC chairperson and the Grand Ronde
Tribes that called for the opportunity for the Tribe to harvest additional
big game animals for Tribal ceremonial use," the ruling says. "Based on
the text and context of the relevant statutes, we agree with FWC.
"(The Fish and Wildlife Commission) is charged by statute with the re
sponsibility to 'implement the policies and programs of this state for the
management of wildlife.' Under that statute, FWC has broad authority
to 'adopt such rules and standards as it considers necessary and proper to
implement the policy and objectives ... and perform the functions vested
by law in the commission.' " - - - - -
The Appeals Court also disagreed with the Siletz contention that the
1986 hunting and fishing agreement "is the exclusive expression of any
Grand Ronde hunting rights or privileges" and "prohibits any hunting
outside the express terms of the Agreement."
"The agreement text ... does not support petitioner's argument," the
Court of Appeals decision says. "The agreement does not by its terms
limit the state's ability to allow for hunting by the Grand Ronde Tribes.
Rather, (it) fully defines the Tribe's hunting rights and permits the state
to regulate any hunting by the Tribe and its members not specifically al
lowed thereunder."
The Grand Ronde Tribe submitted a friend of the court brief in the case
written by Tribal attorneys Kimberly D'Aquila and Lisa Bluelake.
The case was heard by Presiding Judge Darleen Ortega and judges
Timothy Sercombe and Rebecca Duncan. Sercombe wrote the opinion.
Portland attorney Craig Dorsay, who represented the Siletz Tribe, said
on Wednesday, July 27, that a decision on whether to appeal the ruling to
the Oregon Supreme Court has not been made by his client. 0
Elder's bingo changes days
Bingo at the Elders' Activity Center is held on the second and fourth
Friday of the month. A potluck dinner starts at 6 p.m. and bingo starts
at 6:30 p.m. For more information, contact Elder Activity Assistant
Daniel Ham at 503-879-2233. B
CI!
If you have any questions contact
Brian Krehbiel at 503-879-4639
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Photos by Michelle Alalmo
Tribal member Michael Reyes, 13, carries a Frito pie crab cake to a
trey after deep frying It as Tribal member Logan Bobb, 1 3, fries some
crab calces he made as they both prepare to serve their creations to
family members, and other Cooking Camp participants' families,
at the Elders' Activity Center on Thursday, July 1 4. Twelve youths
participated In the weeklong camp that included a trip to Seattle,
where they visited Pike Place Market and ate at one of award
winning Chef Thomas Douglas' restaurants.
Tribal member Madison Leno, 12, checks garlic bread she is grilling
to see if it needs to be turned while cooking that and steak as she
prepares to serve her food to family members, and other Cooking Camp
participants' families, at the Elders' Activity Center on Thursday, July 1 4.
Sewing classes offered
Beginning sewing classes for Tribal girls and boys are being offered by
Tribal Elder Betty Bly.
Participants will learn the basics of hand sewing and also how to use a
sewing machine. Class size is limited to eight Tribal youth. All materials
will be provided and the class is free.
The project is made possible by a grant from the Tribal Cultural Trust
Board.
Classes began on Thursday, July 7, and will continue through July and
August on Tuesdays and Thursdays.
For more information or to register, contact Bly at 503-879-6336.
A,
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Dr. Ashley Nunley
Chiropractor
at the
CTGR-Portland Office
4445 SW Barbur Blvd. Suite 101
Portland, Or 97239
Tuesdays only
8:30 a.m. - Noon
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" Patients need to call the Wellness Center patient
registration to maite tneir appointments or cancel
503-879-2002
s Tribal members with Skooum health plan
(make your appointment now, start feeling better today.
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