§19.6 - Indian Tribes and Endangered Species

JurisdictionWashington

§19.6 Indian Tribes and Endangered Species

Indian lands comprise approximately 95 million acres in the United States and are held in trust by the federal government for the benefit of Indian tribes and their members. There are 29 federally recognized tribal entities in Washington state. Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, 74 Fed. Reg. 40,218, 40,223 (Aug. 11, 2009). Indian tribes are sovereign entities with inherent powers to make and enforce laws. McLanahan v. Ariz. St. Tax Commn, 411 U.S. 164, 168, 93 S. Ct. 1257, 36 L. Ed. 2d 129 (1973). Tribes have certain impliedly reserved treaty rights, including water rights and the right to hunt and fish. United States v. Dion, 476 U.S. 734, 737, 106 S. Ct. 2216, 90 L. Ed. 2d 767 (1986); see also Menominee Tribe of Indians v. United States, 391 U.S. 404, 405-06, 88 S. Ct. 1705, 70 L. Ed. 2d 697 (1968). Tribal sovereignty also includes the right to regulate hunting and fishing by tribal members on reservations. United States v. Washington, 520 F.2d 676, 686 (9th Cir. 1975), cert. denied, 423 U.S. 1086 (1976). Tribal members share the right to fish off the reservation in common with other, non-Indian state citizens. United States v. Washington, 384 F. Supp. 312, 333 (W.D. Wash. 1974). However, [t]he state has police power to regulate off-reservation fishing only to the extent reasonable and necessary ... [to perpetuate]...

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