Opinion

Opinion: State claims authority over bison held by Fort Peck Tribes






Bison from Yellowstone Nation Park were transferred to the Fort Peck Tribes last month after being held in the state of Montana for more than a decade. Photo by Alexis Bonogofsky / Defenders of Wildlife

Chuck Denowh of the United Property Owners of Montana, an organization with anti-Indian leanings, raises a question about the legal status of bison transferred to the Fort Peck Tribes:
In written statements about the latest bison transfer, FWP indicates that the animals are both livestock and wildlife, a duality that cannot be.

FWP states that “the Tribes will have all the rights of ownership” within the reservation boundaries. And that “the Tribes will be solely responsible for any damage” caused by the animals if they escape, paid from an insurance policy the tribe secured for this purpose.

Designating the Tribe as the responsible party for damages reinforces their ownership role, which can only exist with a livestock classification.

But the same FWP document goes on to state that these bison “will be considered and managed as wildlife…under FWP’s jurisdiction.”

That’s a serious contradiction—these bison cannot both be owned by the Fort Peck Tribe and still be considered wildlife. No entity can “own” wildlife in Montana.

That contradiction brings into doubt the insurance policy that is supposed to cover damage to neighboring property. FWP’s mealy-mouthed statements on their classification leave a gaping loophole for the insurance company to refuse to enforce the policy.

Get the Story:
Chuck Denowh: FWP'S latest bison transfer further confuses the issue (The Lewiston News-Argus 12/8)

Related Stories:
Fort Peck Tribes receive another herd of Yellowstone bison (11/13)
Montana to transfer bison from Yellowstone to Fort Peck Tribes (10/17)
Tribes in running to receive bison from Yellowstone National Park (06/17)
Tribes join applicants for bison from Yellowstone National Park (05/07)

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