Native
Americans and the Environment: A survey of twentieth century issues with
particular reference to peoples of the Colorado Plateau and Southwest
(page 4 of 10)
Author: David Rich Lewis. Adapted from: Lewis, David R. 1995. "Native Americans and the Environment: A survey of twentieth century issues." American Indian Quarterly, 19: 423-450, by permission of the University of Nebraska Press. Visit the University of Nebraska Press website at nebraskapress.unl.edu/.
Hunting and Fishing
Hunting, gathering, and fishing rights based on nineteenth-century treaties
have raised a number of environmental issues between Indians, sportsmen,
and government regulators. At the behest of commercial and sport hunting
and fishing interests, state and federal officials moved to limit Indian
off-reservation subsistence rights at the turn of the century. Imposed
hunting seasons and ranges ran counter to Indian treaties and subsistence
needs. Northern Utes were driven out of their Colorado hunting grounds
by state "deer police." Told they could no longer hunt off their
Utah reservations, Utes replied, "There are no brands on the deer
and to whom do they belong?"
In the last twenty years, native groups such as the Mescalero Apache have
developed programs for managing their own resources. The Jicarilla Apache
boast a wildlife management program that has become a model for the state
of New Mexico, using aerial surveys and radio telemetry to keep track
of game. The recreational hunting is so good on the reservation that the
tribe generates substantial income from selling permits. Hunters pay up
to $3,500 for a trophy elk permit.
Across the country, hunting and fishing rights have ignited public debate
as tribes fight with states to regulate licensing, seasons, and harvests.
On the Uintah-Ouray Reservation, Northern Utes, terminated mixed-bloods,
and non-Indians fight over reservation hunting, fishing, and use rights.
Of particular concern are hunting and land use rights associated with
the free exercise of religion. White sportsmen and environmentalists have
been quick to question Native peoples' rights to take bald eagles, and
other endangered species. On the other hand, Indians have challenged the
applicability of the Endangered Species Act and 1964 Wilderness Act, arguing
that both constrain their religious freedom and economic sovereignty.
Two pieces of legislation - the National Environmental Policy Act of 1969
and the American Indian Religious Freedom Act of 1978 - include provisions
to ensure balance in protecting both animal species and Native cultural
and religious practices. While they have imparted a degree of legal tolerance
for religious practices that revolve around resource use, the religious
freedom act in particular lacked specific protections and enforcement
mechanisms. Supreme Court decisions such as Lyng v. Northwest Indian Cemetery
Protective Association (1988), and Employment Division of Oregon v. Smith
(1990) pointed out the tenuous nature of Native environmental and First
Amendment rights.
Follow these links to:
Water
Natural Resource Mining and Pollution
Waste Storage and the Atomic Threat
Tourism
Stereotypes and Interests in Conflict
Conclusion
Selected References