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Case Citations [1] (Spring 2024)

handle is hein.ali/relwamin0023 and id is 1 raw text is: THE AMERICAN - LLAW NS TITUTE Spring 2024 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. State charged defendant, who was a member of the Confederated Tribes of the Umatilla, with violating state wildlife laws by wasting the meat of two elk, and the trial court found defendant guilty. Affirming, this court rejected defendant's argument, raised for the first time on appeal, that his conduct occurred in the exercise of treaty hunting rights such that the state lacked subject-matter jurisdiction, holding that the state had authority to enforce its game-meat waste laws against defendant because defendant's tribes, like the state, also prohibited the waste of game meat. The court quoted Restatement of the Law of American Indians § 83, Comment e, in explaining that a state's authority to regulate off-reservation treaty rights was limited to the state's interest in conservation necessity, and that the conservation-necessity standard was satisfied here in view of the similarities between the state and tribal prohibitions on waste. State v. Wagner, 524 P.3d 564, 372, 373. COPYRIGHT (2024 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. I

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