Confederated Tribes v. Dept. of Fish and Wildlife, 244 OrApp 535 (2011)

Holding:    State free to allow harvesting of more animals than the floor set in hunting and fishing agreement.

1)    “* * * (to interpret a statute, the court examines the text and context and may consider pertinent legislative history offered by the parties to the extent the court considers it useful).” explaining State v. Gaines. at p. 540.

2)    The use of the word right in the hunting and fishing agreement between the tribe, the federal government and the state creates a floor as to the amount and timing of animal harvesting the state must allow. This does not, however, restrict the state from allowing the tribe to take additional animals during additional seasons. Indeed, the wording of the agreement expressly contemplates such discretion. at pp. 543-45.

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