August 2001

A number of questions remain to be resolved about the extent of tribal hunting rights following the state Supreme Court's ruling in a hunting rights case in June 1999.

In its June 17, 1999 opinion in the case of the State of Washington v. Donald Ray Buchanan, the state's highest court ruled that hunting rights reserved by treaties between tribes and the federal government apply to open and unclaimed lands within each treaty tribe's aboriginal (traditional) hunting grounds.

The Buchanan court decision decreed that the area where tribes have a right to hunt will be defined by the historical hunting practices of the tribes. The court emphasized that these areas would certainly include the lands ceded by a tribe under a treaty and could possibly include other areas if a tribe could prove that the area was used for hunting and occupied by the tribe over an extended period before the treaty was signed.

The process of proving such traditional use areas for each of Washington's 26 treaty tribes could potentially be arduous and complex. In an effort to bring some clarity to its enforcement efforts the Washington Department of Fish and Wildlife (WDFW) has developed maps of tribal ceded areas (the areas where each treaty tribe clearly has a right to hunt). These maps have been used to guide WDFW enforcement officers and tribal hunters. The maps are not intended to define or interpret the treaties between the U.S. government and individual tribes. The department has shared these maps with tribes and county prosecutors and has asked tribal representatives to respond if they think the ceded area maps are in error.

One of the ceded area maps upon which the State and the tribes disagreed was the Medicine Creek Treaty cession map. Because of an imprecise description in the treaty, the location of the southern boundary of the Medicine Creek cession was disputed. Rather than litigate this issue, WDFW entered into a collaborative process with the four signatory tribes to the Medicine Creek Treaty and county prosecutors to determine the southern boundary of the treaty cession area. This collaborative process resulted in a useable southern cession boundary determination that can now be used to guide WDFW enforcement efforts.

Besides the maps, WDFW has developed a set of guidelines for its enforcement officers who contact tribal hunters in the field. Among other things, the guidelines direct officers to share their reports with both tribal and county legal authorities.

Department staff from WDFW's Wildlife, Enforcement and Regional programs may continue to meet with tribal representatives to explore the potential for future collaborative efforts to help define traditional tribal hunting areas. In the meantime, the Washington Department of Fish and Wildlife must continue its role of enforcing state hunting regulations which apply to non-tribal hunters statewide and to tribal hunters operating outside their proven ceded or traditional hunting grounds.

For more information:

• Tribal Hunting Frequently Asked Questions
• Medicine Creek Treaty Hunting Boundary Determination Fact Sheet