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CONFEDERATED TRIBES v. DEPT. OF FISH

A138947.

260 P.3d 705 (2011)

244 Or. App. 535

CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON, Petitioner, v. FISH AND WILDLIFE COMMISSION, an agency of the Department of Fish and Wildlife, Respondent.

Court of Appeals of Oregon.

Decided July 27, 2011.

Attorney(s) appearing for the Case

Craig J. Dorsay , Portland, argued the cause for petitioner. With him on the briefs was Dorsay & Easton, LLP.

Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Stephanie L. Striffler , Senior Assistant Attorney General.

Kimberly D'Aquila and Lisa Bluelake , Tribal Attorney's Office, filed the brief amicus curiae for The Confederated Tribes of the Grand Ronde Community of Oregon.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and DUNCAN, Judge.

SERCOMBE, J.

Pursuant to ORS 183.400, petitioner Confederated Tribes of Siletz Indians of Oregon challenges OAR 635-043-0120, a rule promulgated by the Fish and Wildlife Commission (FWC) authorizing the issuance of ceremonial hunting permits for the Confederated Tribes of the Grand Ronde Community of Oregon (Grand Ronde Tribes or "the tribe") and establishing requirements for the use of those permits.1 Petitioner contends that the rule...

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