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Case Citations [i] (Fall 2023)

handle is hein.ali/relwamin0022 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations THE LAW OF AMERICAN INDIANS CHAPTER 6. NATURAL RESOURCES SUBCHAPTER 2. - HUNTING AND FISHING § 83. Off-Reservation Hunting and Fishing Rights Or.App.2022. Com. (e) quot. in sup. (quoting com. (e) to § 83 of Prop. Final Draft, 2021, which is now com. (e) to § 83 of the Official Text). State government indicted members of Indian tribe who took fish pursuant to tribal fishing treaties, alleging that defendants used illegal gillnets to obtain fish. The trial court convicted defendants. This court reversed, holding that the government failed to provide clear and convincing evidence that gillnet regulations were necessary for conservation of relevant fish populations at the usual and accustomed fishing sites pursuant to fishing-rights treaties. Quoting Restatement of the Law, The Law of American Indians § 83, Comment e, the court explained that imposing the burden of proof on the government was appropriate in this instant case, because Indian treaties were a form of international treaty entered into by the U.S. federal government as part of the supreme law of the land, and thus normally preempted state regulations. State v. McCormack, 517 P.3d 1033, 1042. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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