Or. Admin. Code § 635-800-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-800-0110 - Memorandum of Agreement with the Cow Creek Band of Umpqua Tribe of Indians

(1) Members of the Cow Creek Band of Umpqua Tribe of Indians are authorized to take species over which the Oregon Fish and Wildlife Commission has management authority under the terms and conditions of the Memorandum of Agreement between the Cow Creek Band of Umpqua Tribe of Indians and the State of Oregon, by and through the Department of Fish and Wildlife (Department) and within the geographic scope of that Agreement, entered into by both parties in 2022, incorporated herein by reference.

(2) The Cow Creek Band of Umpqua Tribe of Indians and the Department will coordinate the use of their respective authorities, expertise and influence as regulatory or voluntary opportunities are presented to protect, enhance and restore fish and wildlife habitat under the terms and conditions of the above referenced Memorandum of Agreement and within the geographic scope of that Agreement.

(3) No additional tribal legal or treaty entitlement is created, conveyed, implied or diminished, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the above referenced Memorandum of Agreement.

(4) Nothing in the above referenced Memorandum of Agreement shall be construed as:

(a) affirming, recognizing or limiting the rights or claims of any other tribe within the geographic scope of that Agreement;

(b) limiting the Department from entering into separate agreements with other tribes addressing the authority to take species within the geographic scope of that Agreement; or

(c) establishing, expanding, adjudicating, waiving, limiting or otherwise affecting the ancestral, aboriginal, treaty, statutory, equitable, or other rights of the Tribe.

Or. Admin. Code § 635-800-0110

DFW 12-2023, adopt filed 02/13/2023, effective 2/13/2023

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: 190.110, 496.138, 496.146 & 496.162

Statutes/Other Implemented: 496.138, 496.146, 496.162 & 496.012