[Tweeters] Legal vs Ethical

Kelly McAllister mcallisters4 at comcast.net
Fri Jan 29 16:23:29 PST 2016

Many will remember the lengthy legal deliberations surrounding the Makah Tribe’s interest in obtaining authorization to take Gray Whales which had been delisted from the Endangered Species Act but were still protected under the Marine Mammal Protection Act. Indian Nations are definitely not independent countries and they are largely subject to federal laws. However, the treaties and other aspects of their special status (when they are recognized by the federal government as indigenous tribes), give them some unique legal treatments. It’s my guess that the Colville tribe’s wildlife protection laws largely mirror federal laws like the Migratory Bird Treaty Act. Enforcement, though, is a completely different matter…

Kelly McAllister

From: tweeters-bounces at mailman1.u.washington.edu [mailto:tweeters-bounces at mailman1.u.washington.edu] On Behalf Of Mike Clarke
Sent: Friday, January 29, 2016 2:38 PM
To: TWEETERS <tweeters at u.washington.edu>
Subject: Re: [Tweeters] Legal vs Ethical

Federal guidelines and the Endangered Species Act as well as the Migratory Bird Treaty Act and other federal wildlife regulations do very much apply on tribal lands. Tribal authorities have all power to set hunting seasons, bag limits, etc...but only do so within the guidelines set by the feds based on federal laws. This has always been my understanding of the reading I have done on this in the past. There are a myriad of exceptions to certain rules and limits on waterfowl hunting, eagle feather permitting etc..., but, if this owl was shot and killed, this would have been a violation of federal law that definitely would apply on the Colville Reservation.

Mike Clarke


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