The Northwestern Band of the Shoshone Nation is suing the Idaho Fish & Game and Gov. Brad Little in federal court. The band is claiming that the state has wrongly denied the tribe hunting rights guaranteed by the 1868 Treaty of Fort Bridger. As a result, a lawsuit has been filed with Idaho’s U.S. District Court. The lawsuit is asking a judge to declare that the Northwest Band is protected under said treaty.
At this time the attorneys for the state and Brad Little have not released any comments on the case.
The Northwest Shoshone and Legal Battles
The lawsuit states that the treaty doesn’t recognize the Northwest Band as part of the treaty. However, the Shoshone feels that their group should be recognized and given the right to hunt on unoccupied lands pursuant to the treaty.
The Idaho Court of Appeals has agreed with the Northwest Shoshone that they had tribal leaders who signed the Fort Bridger Treaty. However, the court also states that the Band hasn’t maintained enough political continuity to keep its rights under the treaty.
“For thousands of years the bands of the Shoshone Nation and their ancestors have hunted and subsisted on the land in various parts of the Great Basin and throughout the Shoshone nation’s expansive territory.” – Attorney Ryan Frazier wrote in the lawsuit
Over the last several decades the Band has had hunting-related issues within the state. In 1997, Shane and Wayde Warner, members of the Northwest Band, faced criminal convictions for hunting out of season in Idaho. However, the two brothers had been issued hunting permits from the Northwest Shoshone. The two brothers appealed their convictions, claiming they had the right to hunt under the treaty. Likewise, in 2019, two more Band members were cited for hunting without tags in Idaho. This case is on hold while this federal lawsuit takes place.
What are your thoughts on this legal case? Do you think the Northwest Band should have the right to hunt these areas? Let us know in the comments!
