State Regulation and Enforcing Usufructuary Treaty Rights

Title
State Regulation and Enforcing Usufructuary Treaty Rights
Publication Date
2023-05-23
Author(s)
Charlton, Guy C
( author )
OrcID: https://orcid.org/0000-0003-2292-7811
Email: gcharlt3@une.edu.au
UNE Id une-id:gcharlt3
Editor
Editor(s): Serra J Hoagland and Steven Albert
Type of document
Book Chapter
Language
en
Entity Type
Publication
Publisher
Johns Hopkins University Press
Place of publication
Baltimore, Maryland
UNE publication id
une:1959.11/56449
Abstract

Despite the hard-fought community-led political and legal battles that led to the recognition and exercise of treaty-guaranteed hunting, fishing, and gathering rights for tribes, these rights remain under threat. Developmental pressures on habitat, climatic change that adversely effects flora and fauna, an increasingly conservative judiciary, and legal legerdemain by treaty right opponents— all have forced tribes to remain vigilant. In order to counter these threats both on and off their reservations, tribes have sought to protect their interests with less traditional legal arguments grounded in tribal property interests, historic and heritage preservation, religious claims, and tort claims. In this chapter, I consider some possible protective approaches to off-reservation hunting, fishing, and gathering rights.

Link
Citation
Wildlife stewardship on tribal lands : our place is in our soul, p. 120-134
ISBN
9781421446585
1421446588
9781421446578
142144657X
Start page
120
End page
134

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