32 



The current funding level of the Wildlife Law Enforcement section, which is 

 completely funded under a P.L. 93-638 contract, is also insufficient. This section 

 consists of five Wildlife Conservation Officers who must cover the entire Navajo 

 reservation. These officers are responsible for enforcing tribal fish and wildlife laws 

 and regulations and certain federal wildlife laws such as the Lacey Act Amendments 

 of 1 981 , the Bald Eagle Protection Act and the Migratory Bird Treaty Act. Non-Indian 

 violators cited by these officers are prosecuted by the United States District Courts. 

 Any fines assessed by the United States District Courts are reinvested in the Navajo 

 Nation but remain with the federal government. Since the Navajo Nation Department 

 of Fish and Wildlife does not receive sufficient "638" funding, it could utilize the 

 assessed fines as an additional source of funding to effectuate its wildlife enforcement 

 responsibilities. 



The continued lack of P.L. 93-638 funding demonstrates of the BIA's failure to 

 uphold it's trust responsibility to the Navajo Nation in the management of fish and 

 wildlife resources. This lack of responsibility has forced the Navajo Nation to begin 

 seeking alternative funding sources in other federal programs and the private sector. 

 TOWARDS TRIBAL SELF-MANAGEMENT 



The Navajo Nation, like many other Indian tribes, has the technical expertise 

 and experience to manage it's own fish and wildlife resources. Also, it is increasingly 

 being recognized by the courts that tribes, as sovereign governments, have the right 

 to self-manage these resources. In 1 983, the Supreme Court upheld the Tenth Circuit 

 stating the State of New Mexico could not enforce its wildlife management laws 



