18 U.S.C. § 1165
Hunting, trapping, or fishing on Indian land
Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined under this title or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited.
Notes of Decisions
Cited in 44
cases (3 in the last 5 years), 1972–2023 · leading case: Montana v. United States, 450 U.S. 544 (1981).
Montana v. United States, 450 U.S. 544 (1981). “All other authority to regulate non-Indian hunting and fishing resided concurrently in the State of Montana and, under 18 U. S. C. § 1165 (which makes it a federal offense to trespass on Indian land to hunt or fish without permission), the United States.”
United States v. Pollmann, 364 F. Supp. 995 (D. Mont. 1973). “” 1 The defendant filed a motion to dismiss, attacking the sufficiency of the information and the constitutionality of 18 U.S.C. § 1165 , and contending that the Tribes have no right to regulate the use of navigable waters and that the prosecution is in violation of the Civil…”
United States v. Oranna Bumgarner Felter, 752 F.2d 1505 (10th Cir. 1985). “The Government appeals the district court’s ruling that defendant, a mixed-blood Ute Indian, did not unlawfully fish within the Uintah and Ouray Indian Reservation in violation of 18 U.S.C. § 1165 . The Act of August 27, 1954, ch.”
Finch v. United States, 433 U.S. 676 (1977). “In an information filed in the United States District Court for the District of Montana, petitioner was charged with knowingly fishing on a portion of the Big Horn River in Montana reserved for use by the Crow Indians, in violation of 18 U. S. C. § 1165 . The case was submitted…”
New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983). “21 This authority *338 is afforded the protection of the federal criminal law by 18 U. S. C. § 1165 , which makes it a violation of federal law to enter Indian land to hunt, trap, or fish without the consent of the tribe.”
United States v. James Junior Finch, 548 F.2d 822 (9th Cir. 1977). “He was charged by information with trespassing on Indian lands, a violation of 18 U.S.C. § 1165 . The bank and the bed of the Big Horn River at the point where Finch stood lie within the exterior boundaries of the Crow Indian Reservation.”
United States v. Felter, 546 F. Supp. 1002 (D. Utah 1982). “Felter was fishing within the Uintah and Ouray Indian Reservation in violation of 18 U.S.C. § 1165 (1976). That section reads as follows: § 1165.”
Cassidy v. United States, 875 F. Supp. 1438 (E.D. Wash. 1994). “At issue in this case is whether a non-Indian can be prosecuted under 18 U.S.C. § 1165 1 for fishing on waters that have been *1441 reserved for the “paramount,” instead of the “exclusive,” use of Indians.”
United States v. Donald A. Jackson, 600 F.2d 1283 (9th Cir. 1979). “WRIGHT, Circuit Judge: We must decide whether an enrolled member of the Confederated Tribes of the Umatilla Reservation (tribe), who hunted on the reservation in violation of a tribal ordinance, may be prosecuted in federal court under 18 U.S.C. § 1165 which provides: Whoever,…”
United States v. Bouchard, 464 F. Supp. 1316 (W.D. Wis. 1978). “Bouchard is a criminal proceeding brought pursuant to 18 U.S.C. § 1165 . The United States charges that defendant trespassed upon a waterway belonging to the Bad River Tribe and held in trust by the United States, for the purpose of fishing.”
The Quechan Tribe of Indians v. Raymond Rowe, Sheriff of Imperial Cnty., 531 F.2d 408 (9th Cir. 1976). “Ordinance 8-6-64 defines trespass in much the same manner as Ordinance 5-60 but provides that trespassers are to be referred to federal officials for prosecution under 18 U.S.C. § 1165 . During the tribe’s dove season in September of 1971, Alfred Buker, chief game warden of the…”
United States v. Murdock, 919 F. Supp. 1534 (D. Utah 1996). “This case is before the court as a result of a pending Misdemeanor Information in which defendant Perry Von Murdock is charged with hunting on Indian land without lawful authority or permission in violation of 18 U.S.C. § 1165 . The government has filed a Motion to Determine…”
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