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Testimony of Jim Harp, QIN Page 2 



Indian Fish & Wildlife Enhancement February 18, 1993 



The government-to-government relationship between Indian tribes and the 

 United States which flows from the Constitution, treaties, and course of dealings 

 must be strengthened and respected. This relationship has been defined by numerous 

 pieces of legislation and executive orders, administered by the Executive Branch, and 

 Interpreted by the courts. The United States has obligations and responsibilities for 

 protection, proper management, and enhancement of fish, wildlife, plants, soil, and 

 water ~ so as to insure access, sustained availability and suitability for use by Indian 

 tribes (and Alaska native peoples). The United States should serve as an advocate for 

 the preservation and exercise of these treaty rights, not sit idly a by silent witness to 

 their erosion. 



We believe that the Committee's efforts should focus on a few fundamental 

 "cornerstones" to establish the foundation for future initiatives in fish & wildlife 

 management. The foremost issue is to affirm the commitment of the United States 

 to support, strengthen, and enhance tribal management capabilities. This commitment 

 should be reflected in two fundamental areas: 



First, tribal sovereignty and primacy to establish management direction on- 

 reservation should be fully supported. Our reservation was established as a 

 permanent homeland for the people of the Quinault Nation. The policy of allotment 

 has led to the fractionation and checker boarding of land on many reservations across 

 the country. Current land ownership patterns on our reservation cause enormous 

 problems when attempting to implement responsible resource management. 

 Contending with trespass violations and enforcement of fish and game regulations has 

 become an administrative nightmare, fraught with jurisdictional impediments to 

 effective resource management. These problems are especially severe for fish and 

 wildlife resources which, of course, recognize no political or ownership boundaries. 



We believe that the Congress and the Administration should recognize the 

 primacy of tribal rights to manage fish and wildlife resources on-reservation. Support 

 should be provided for development and effective enforcement of tribal fish and 

 wildlife codes and regulations to apply to all persons on all lands within reservation 

 boundaries. In addition, adequate funding and professional development training 

 programs are needed to improve tribal management skills and capacities. 



Second, the standing of tribal governments to participate in decisions involving 

 off-reservation resource management issues, at least on a par with states, should be 

 supported. An affected tribal government should, at its own option, be entitled to 

 take part in inter-jurisdictional decisions affecting off -reservation resources of concern. 

 For example, standing for tribes to fully participate in specific regulatory activities, 

 such as habitat protection, in stream flows, water quality, and FERC licensing should 

 be recognized. Further, current programs within the Federal government provide for 



