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CONFEDERATED SALISH & KOOTENAI TRIBES v. MONTANA

No. CV 90-49-M-CCL.

750 F.Supp. 446 (1990)

CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, Plaintiff, v. STATE OF MONTANA and K.L. Cool, Director, Department of Fish, Wildlife and Parks, Defendants.

United States District Court, D. Montana, Missoula Division.

May 11, 1990.

Attorney(s) appearing for the Case

Daniel F. Decker, John B. Carter, Tribal Legal Dept., Confederated Salish & Kootenai Tribes, Pablo, Mont., James Goetz, Goetz, Madden & Dunn, Bozeman, Mont., for plaintiffs.

Clay Smith, Office of Atty. Gen., Robert Lane, Helena, Mont., Urban L. Roth, Poore, Roth & Robinson, Butte, Mont., Daniel Hoven and Jon Matropoulos, Browning, Kalexzyc, Berry & Hoven, Helena, Mont., for defendants.

MEMORANDUM AND ORDER

LOVELL, District Judge.

Plaintiff filed this suit seeking declaratory judgment that the State of Montana (State) has no authority to regulate hunting and fishing on the Flathead Indian Reservation (Reservation), and that regulation of hunting and fishing within the exterior boundaries of the Reservation is exclusively vested in the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation (Tribes or Indians). The Tribes...

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