White Earth Indian Reservation and Minnesota Department of Natural Resources disagree on hunting and fishing regulation jurisdiction

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Listen: White Earth Indian Reservation and Minnesota Department of Natural Resources disagree on hunting and fishing regulation jurisdiction
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JOHN YDSTIE: The disagreement began earlier this fall when the White Earth Tribal government asserted its right to regulate hunting and fishing on the reservation by both whites and nonwhites. They based their claims on a decision by the Minnesota Supreme Court that said the tribe could regulate hunting and fishing by tribal members within the exterior boundaries of the original reservation, a 36 by 36-mile tract in the Lake Country of North Central Minnesota.

The DNR, which regulates hunting and fishing in Minnesota, is appealing the Minnesota Supreme Court ruling to the US Supreme Court. This has set the stage for the disagreement. The tribe decided that because of low deer populations, they would have only a three-day deer season on the reservation. The DNR wanted a nine-day season to coincide with the rest of the state.

Partly out of a concern to avoid confrontation between hunters and two sets of conservation officers, one state and another tribal, the parties met to work out an agreement. After negotiations, there was a mutual decision that the season on the reservation would be three days, November 9, 10, and 11.

But now the DNR and tribe disagree on what land the reservation contains. The four townships in question ceded from the reservation for logging many years ago were left out of the Minnesota Supreme Court ruling. And both sides claim jurisdiction there. DNR Commissioner Joe Alexander.

JOE ALEXANDER: The Supreme Court says these are not included in this decision. And if they're not included in this decision, they remain just like they were before the decision, which was that we had jurisdiction over hunting and fishing.

JOHN YDSTIE: The Secretary Treasurer of the White Earth Tribal Council, Vernon Bellecourt, disagrees with Commissioner Alexander.

VERNON BELLECOURT: That's strictly an assumption on their part. They're assuming that they have jurisdiction. And of course, we're asserting that we have jurisdiction. It's just a matter of interpretation.

JOHN YDSTIE: Bellecourt went on to say that the four townships were agreed to be within the exterior boundaries of the reservation during the earlier negotiations between the tribe and the DNR.

VERNON BELLECOURT: About three days ago, we'd seen a notice in the paper that Joe Alexander had amended his order without consulting with us. Very good indication that he's certainly not acting in good faith. And fact is he's being very deceitful.

JOHN YDSTIE: Bellecourt went on to say that anyone hunting in the four townships during the state season before the November 9th beginning of the reservation season would be tagged and their equipment confiscated. Tribal conservation officers will arrest both whites and Indians who violate the season. Both Bellecourt and Alexander agree that raises the chances of confrontation. Commissioner Alexander.

JOE ALEXANDER: The conflict would probably have to be defined by degree. I think that somebody would probably be questioned about their license. But where this goes from there, I don't know. That's the unknown that is as fearful to me as it is anybody else who might be there.

JOHN YDSTIE: Vernon Bellecourt says, to avoid problems, the DNR ought to back off and close the four townships until the beginning of the White Earth season next Saturday. Alexander says that's impossible and that the Minnesota deer season will open in Nora, Minerva, Rice, and another unorganized township of Clearwater County tomorrow. In Moorhead, this is Dawn Ydstie.

Funders

In 2008, Minnesota's voters passed the Clean Water, Land and Legacy Amendment to the Minnesota Constitution: to protect drinking water sources; to protect, enhance, and restore wetlands, prairies, forests, and fish, game, and wildlife habitat; to preserve arts and cultural heritage; to support parks and trails; and to protect, enhance, and restore lakes, rivers, streams, and groundwater.

Efforts to digitize this initial assortment of thousands of historical audio material was made possible through the Minnesota Legacy Amendment’s Arts and Cultural Heritage Fund. A wide range of Minnesota subject matter is represented within this collection.

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