Post by Okwes on Jun 6, 2007 9:04:50 GMT -5
Tribes want to expand 1873 pact
By DAVE BUCHANAN
The Daily Sentinel
When the Ute Indians were forced from large portions of western Colorado
to smaller reservations in the 1870s, one of the key documents was the
Brunot Treaty of 1873.
This treaty, the result of negotiation between the famed Ute Chief Ouray
and Felix Brunot, opened the mineral-rich San Juan Mountains to European
settlers while giving tribal members perpetual hunting rights in a large
rectangle of southwestern Colorado encompassing nearly 4 million square
acres.
Although the hunting has in the past been primarily deer and elk, the
two tribes in November asked the Colorado Wildlife Commission to
renegotiate their hunting operations to include bighorn sheep, mountain
goats and moose.
According to the treaty, which gives the tribes the right to hunt
"as long as the grass grows," the tribes don't need the
wildlife commission's permission to expand their hunting activities,
said Tony Gurzick, assistant Southwest Regional manager for the Colorado
Division of Wildlife in Durango.
"Congress never declared the Brunot Treaty of 1873 was void,"
Gurzick said. "And courts have in the past ruled if Congress never
overturned or negated treaties, the rights still are applicable today.
As far as the Division of Wildlife is concerned, the Ute Mountain Utes
and the Southern Ute Indian tribes have off-reservation hunting
rights."
The Southern Ute Tribe hasn't pursued off-reservation hunting in the
past because of plentiful wildlife resources and its department of
wildlife has worked closely with the DOW managing the tribe's
resources.
The Ute Mountain Ute Tribe, headquartered in Towaoc, hasn't the
wildlife resources of the Southern Ute Tribe and traditionally has
hunted in the western portions of the Brunot area, Gurzick said.
In 1978, the Ute Mountain Utes sued Colorado for off-reservation hunting
rights, but the lawsuit was settled in an out-of-court agreement that
allowed certain off-reservation activities.
The request in November amounted to the Ute Mountain Utes asking the
wildlife commission to amend the 1978 agreement to include moose,
bighorn sheep and mountain goats along with other changes involving
small-game hunting.
Additionally, the Southern Ute Tribe also is seeking to expand its
off-reservation hunting activities, Gurzick said. The negotiations are
continuing.
"We've been talking with both tribes, it's still a legal
negotiation and we have a good working relationship with both
tribes," Gurzick said.
Telephone calls to tribal spokesmen were not returned.
The wildlife commission took no immediate action but has sought more
information from their counsel and DOW staff.
The Brunot Treaty doesn't require participating tribes to have
licenses, permits or recognize current hunting seasons, although both
tribes generally have respected those laws, Gurzick said.
The treaty allows for the year-round harvest of animals for religious,
ceremonial or subsistence reasons.
Simply acquiescing to the tribes' requests might not be a simple
thing. Although neither tribe is extremely populous — 2000
enrollment figures put the Ute Mountain Ute tribe at fewer than 2,000
members while the Southern Ute Tribe numbers around 1,500 — other
tribes are watching the negotiations and may want to participate.
There also is the question of whether current federal wilderness travel
restrictions apply to Brunot Treaty hunters. The Brunot area includes
all or part of several federally designated wilderness areas, including
the Weminuche, South San Juan and La Garita, and the following state
game management units: 61, 62, 65, 66, 71, 711, 72, 73, 74, 741 75, 751,
76, 751 and 77.
The subject of travel restrictions was raised in 2005 when the San Juan
National Forest was revamping its travel management plan. No one was
available this week from the forest service to discuss the matter.
Although there's little concern the current off-reservation,
out-of-season hunting pressure will cause damage to deer or elk herds,
the other animals aren't as numerous and off-season hunting might
affect the management of sheep, goats and moose.
"It all depends on how the agreement gets expanded, but if the
Southern Utes decide they want to participate, I can assure you all the
Native Americans in Colorado when the Brunot Treaty was signed are
eligible for it," said Ron Velarde, Northwest Regional manager for
the DOW.
Trying to weigh modern wildlife management with a 134-year old treaty
won't be simple, and Velarde has an idea of what might happen should
the state decide against the tribes' request.
"I can guarantee that if this goes to federal court, we're going
to lose," Velarde said. "The best thing will be for everyone to
work together to reach an agreement that everyone can accept."
By DAVE BUCHANAN
The Daily Sentinel
When the Ute Indians were forced from large portions of western Colorado
to smaller reservations in the 1870s, one of the key documents was the
Brunot Treaty of 1873.
This treaty, the result of negotiation between the famed Ute Chief Ouray
and Felix Brunot, opened the mineral-rich San Juan Mountains to European
settlers while giving tribal members perpetual hunting rights in a large
rectangle of southwestern Colorado encompassing nearly 4 million square
acres.
Although the hunting has in the past been primarily deer and elk, the
two tribes in November asked the Colorado Wildlife Commission to
renegotiate their hunting operations to include bighorn sheep, mountain
goats and moose.
According to the treaty, which gives the tribes the right to hunt
"as long as the grass grows," the tribes don't need the
wildlife commission's permission to expand their hunting activities,
said Tony Gurzick, assistant Southwest Regional manager for the Colorado
Division of Wildlife in Durango.
"Congress never declared the Brunot Treaty of 1873 was void,"
Gurzick said. "And courts have in the past ruled if Congress never
overturned or negated treaties, the rights still are applicable today.
As far as the Division of Wildlife is concerned, the Ute Mountain Utes
and the Southern Ute Indian tribes have off-reservation hunting
rights."
The Southern Ute Tribe hasn't pursued off-reservation hunting in the
past because of plentiful wildlife resources and its department of
wildlife has worked closely with the DOW managing the tribe's
resources.
The Ute Mountain Ute Tribe, headquartered in Towaoc, hasn't the
wildlife resources of the Southern Ute Tribe and traditionally has
hunted in the western portions of the Brunot area, Gurzick said.
In 1978, the Ute Mountain Utes sued Colorado for off-reservation hunting
rights, but the lawsuit was settled in an out-of-court agreement that
allowed certain off-reservation activities.
The request in November amounted to the Ute Mountain Utes asking the
wildlife commission to amend the 1978 agreement to include moose,
bighorn sheep and mountain goats along with other changes involving
small-game hunting.
Additionally, the Southern Ute Tribe also is seeking to expand its
off-reservation hunting activities, Gurzick said. The negotiations are
continuing.
"We've been talking with both tribes, it's still a legal
negotiation and we have a good working relationship with both
tribes," Gurzick said.
Telephone calls to tribal spokesmen were not returned.
The wildlife commission took no immediate action but has sought more
information from their counsel and DOW staff.
The Brunot Treaty doesn't require participating tribes to have
licenses, permits or recognize current hunting seasons, although both
tribes generally have respected those laws, Gurzick said.
The treaty allows for the year-round harvest of animals for religious,
ceremonial or subsistence reasons.
Simply acquiescing to the tribes' requests might not be a simple
thing. Although neither tribe is extremely populous — 2000
enrollment figures put the Ute Mountain Ute tribe at fewer than 2,000
members while the Southern Ute Tribe numbers around 1,500 — other
tribes are watching the negotiations and may want to participate.
There also is the question of whether current federal wilderness travel
restrictions apply to Brunot Treaty hunters. The Brunot area includes
all or part of several federally designated wilderness areas, including
the Weminuche, South San Juan and La Garita, and the following state
game management units: 61, 62, 65, 66, 71, 711, 72, 73, 74, 741 75, 751,
76, 751 and 77.
The subject of travel restrictions was raised in 2005 when the San Juan
National Forest was revamping its travel management plan. No one was
available this week from the forest service to discuss the matter.
Although there's little concern the current off-reservation,
out-of-season hunting pressure will cause damage to deer or elk herds,
the other animals aren't as numerous and off-season hunting might
affect the management of sheep, goats and moose.
"It all depends on how the agreement gets expanded, but if the
Southern Utes decide they want to participate, I can assure you all the
Native Americans in Colorado when the Brunot Treaty was signed are
eligible for it," said Ron Velarde, Northwest Regional manager for
the DOW.
Trying to weigh modern wildlife management with a 134-year old treaty
won't be simple, and Velarde has an idea of what might happen should
the state decide against the tribes' request.
"I can guarantee that if this goes to federal court, we're going
to lose," Velarde said. "The best thing will be for everyone to
work together to reach an agreement that everyone can accept."