Bismarck, North Dakota - News

Re. your Jan. 24 editorial, "Hunting rules for reservations complicated":

Actually, the law is clear. Unfortunately, North Dakota Game and Fish is making the issue complicated by not following the law. Tribal sovereignty and our status as Indian nations is governed by federal law, not state law.

The Standing Rock Sioux Tribe is part of the Great Sioux Nation, and our forefathers were signatories to the Treaty of 1868. The Standing Rock Reservation is located within the original boundaries of the 1868 treaty. Article 2 of the treaty set apart our lands for the "exclusive" use and occupation of our people. The right to regulate the use of our lands has been firmly established and recognized by treaty.

Also, in 1983, the U.S. Supreme Court held that Indian tribes possess sole right to regulate hunting on tribal land and that right is "exclusive," meaning the state cannot regulate hunting there. The race, nationality or tribal affiliation of the hunter on tribal land is irrelevant. If the hunter desires to hunt on tribal lands, he must possess a tribal-issued hunting license.

Hunting in violation of tribal law is a violation of tribal law and, more importantly, if you are a non-Indian, a violation of federal law. A person cannot violate state hunting laws on Indian lands because the state has no authority to regulate hunting on tribal lands.

The Indian tribes of North Dakota are now before the state Legislature asking the state to amend its laws to recognize the right of tribes to regulate hunting on tribal lands. Why are we doing this? Because the state Game and Fish refuses to recognize the exclusive right of tribes to regulate hunting on tribal lands.

Game and Fish waits outside the boundaries of tribal land and cites non-Indians for possessing game taken on tribal lands without a state-issued license. These tactics have a chilling effect on hunters and an economic impact on the tribes and the state. More importantly, they violate federal precedent.

The Senate Natural Resources Committee is attempting to resolve this issue with SB2041. The bill came back to the committee when it was defeated on the floor. It was defeated, in part, because the tribes failed to present a unified voice before the Senate. There is conflict about the definition of tribal lands.

The solution is simple. Amend the law to require recognition of tribal-issued tags and licenses. Then let the tribes and state Game and Fish sort out the definitions of Indian and non-Indian lands. If a person possesses birds or game taken on Indian land with a tribal license, that is all that matters. An even simpler solution is to have the governor direct Game and Fish to honor tribal tags and licenses.

Until this matter is resolved, there will be continued conflict. It doesn't have to be this way, but the tribes will do everything we can to protect our rights.

(The writer is an enrolled member of the Standing Rock Sioux Tribe and the attorney for its Game and Fish Department. -- Editor)

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