Memo of transmittal >>

Date: 07/31/2015
To: Melissa Helquist; Instructor
From: Yi Yuen - Janelle Ting
Subject: Submission of Final Project

The purpose of this memo is to notify you that I have completed my final project for this
course, and am now submitting it. You will be receiving the document online, in Microsoft
Word format through Canvas.
Regarding the contents of the document, I have written a scientific review article from a
study I have done about the traditions of indigenous people vs. animals on the brink of
extinction. The reason I chose to write about this is because over the years, various
species of animals have dwindled to an alarming rate. I am concerned that soon, they
will be completely wiped out. My indented audience is wildlife conservationists, as well
as lawmakers who want to know more about this issue. Since this is a rarely discussed
topic, I want to raise awareness. I want to find out whether indigenous people should still
have the right to hunt them.
The following document will include these segments:

Abstract
Introduction
Body explaining the Hunting Culture
Conclusion
Acknowledgements
Works cited

Thank you for taking your time to look through and grade my project! If there are any
problems or questions that you have encountered at some point, please do not hesitate
to contact! So here is my e-mail: yting@bruinmail.slcc.edu, along with my phone
number: +1(801) 708-3742. Your expertise is appreciated and I look forward to your
feedback. I enjoyed working with you this summer semester!

Table of Contents
Abstract ....................................................................... 1
Introduction ................................................................. 1
Hunting Culture ........................................................... 1
The Native Americans, North America ................. 2
The Makah, Pacific Northwest .............................. 3
Livelihood vs. Extinction
Should indigenous people
still hunt endangered
animals?
by Yi Yuen - Janelle Ting
7 August, 2015

Conclusion
..................................................................................... 3

Acknowledgements ..................................................... 4
Works Cited ................................................................. 5
Appendix ..................................................................... 6

Abstract
In the matter of livelihood vs. extinction, "Should indigenous people still hunt
endangered animals?" Over the years, the numbers of several animal species have
greatly declined due to human exploitation. In an attempt to preserve and restore the
number of these species, local authorities have attempted to set up laws to make the
killing and exploitation of these animals illegal. However, animal parts are essential for
medicinal purposes, as aphrodisiacs, or they may be regarded as having supernatural
powers; there are no alternatives. For some groups of indigenous people, they are
exempted from this law as they have the right of land. The objective of this review article
is to observe and compare a couple of prominent indigenous groups and the laws
involved to see for ourselves. Indigenous tribes of different cultures from different
regions, 1) the Native Americans of North America, and 2) the Makah, Pacific Northwest
will be observed and compared. The issue is discussed in the indigenous', the outsiders',
and the law's perspective.

Introduction
As Alison Dundes Renteln said, " Environmental rights and cultural rights have a
complex interrelationship...notably those involving issues of endangered species there
is often conflict...". The indigenous were here first and have the right to live the way they
have always lived, who are we, as immigrants in their land, strip them off of their
customs and livelihood? One point we should acknowledge is that colonial powers have
depleted natural resources through over hunting and development to such an extent that
it cost the natives. Due to human greed and ignorance, the need for regulation of wildlife
is only acknowledged when it becomes a crisis (Coggins, Modrcin). Animal rights activists
and environmentalists argue that the creatures deserve protection for their own sake
and to preserve biodiversity. It is also important to know that, if this continues, it might
be detrimental to the ecosystem as it would throw off its balance.

Hunting culture
As a cultural right, people are generally protected by the United Nations'
International Covenant on Civil and Political Rights (ICCPR), as guaranteed in Article 27.
Its goal is to maintain social identities when governments take steps that threaten to
undermine the people's way of life. In the following points, I will discuss the hunting
culture as practiced by different indigenous tribes around the world, what it means to
them, as well as the laws involved:
The Native Americans, North America

For Native Americans hunting eagles is vital; it is the key part of their tradition
because the feathers are necessary for use in religious ceremonies. For instance, in
1994, President Clinton established the National Eagle Repository to gather feathers from
eagle carcasses. Although this was a well-intentioned policy to prevent Native Americans
from hunting eagles for this purpose, the point that they are missing is that the act of
hunting, not just the animal, was an essential part of the ritual. In any event, there were
too few feathers to meet demand, and distribution was inefficient. A lawyer for the
Native Americans explained: There are initiation rites or death rites where feathers are
needed on short notice. Imagine having to order a Bible from a federal bureaucracy
and then waiting three years. (New York Times)
Early federal wildlife laws, such as the Migratory Bird Treaty Act of 1918 and the
Bald Eagle Act of 1940 dealt with specific species or groups of species, but wildlife
advocates insist on broader legislative protection. As a result, in 1973, the Endangered
Species Act was enforced along with many other conservation Acts. It is a result of
growing national concern for wildlife that are threatened by extinction. A passage in the
Endangered Species Act states that it "provide[s] a means whereby the ecosystems upon
which endangered and threatened species depend may be conserved, to provide a
program for the conservation of such endangered species and threatened species, and to
take such steps as may be appropriate to achieve the purposes of the treaties and
conventions". In North America, the grizzly bear, bald eagle, wolf, and peregrine falcon
are among a few of the many animals that are covered by the Act (Trefethan).
This is where it gets tricky: Because Indians hold a special status due to their
heritage as original inhabitants of the land (Getches, Rosenfelt, Wilkinson), they possess
undisturbed hunting rights that are supported by aboriginal title and treaty rights
(Comment, Cohen). They think that the law should not apply to them because they have
always hunted those animals; they should not be bound by the law of the foreigners who
colonized and have gained sovereignty over their land (Johnson v. McIntosh). On the
other hand, others argue that it should and does apply to all persons who are not
specifically excluded by the wording in the statute. Because when a law of significant
scope addresses a national concern, then it is necessary that it applies to all unless
specifically excluded. Similarly, the Bald Eagle is a symbol of our nation's heritage, which
makes it a species of national interest. It is hard to come to a clear and definite
conclusion because the documents are laden with "a quagmire of conflicting,
overlapping, and often ambiguous rules". To develop that conviction, more research
needs to be done to revise and clearly define the terms of the act.
The Makah, Pacific Northwest
It is presumed that for approximately two millenniums, the gray whale has been
hunted by the Makah of the Pacific Northwest. Is it such a prominent part of their way of
life that they have based their cultural existence upon it. The practice of whaling is not
done in vain, it is an important part of their livelihood because it provided them meat,

clothing, and supplies for their handcrafts. In addition, rituals, customs, and monetary
value come from the whale. The amount of whale oil a person owns symbolizes their
wealth, it is also used as bride price for the making gifts and trade between tribes
(Johnson). No part of the whale is wasted, they appreciate the power and beauty of the
creature (Goddard). The Treaty of Neah Bay was ratified in 1855 to protect their right to
whale.
To demonstrate their dependence on whaling: In the 1920s, the Makah noticed a
decline in its population (it was on the endangered species list by 1946), so they halted
this practice out of respect because they care for the creature's welfare. However, this
noble decision came at a cost for the people, the Makah culture suffered. The folk songs
and dances were no longer relevant, so it was difficult to teach to the generations that
have not experienced the whaling culture (Stevens). Their way of life and sense of
community deteriorated as it left a huge void in their lives. They also contributed their
poor health to the absence of whale meat in their diet.
This is the model example, with the balance of the indigenous complying with the
law and the law respecting their culture, as well as awareness and control. In 1990, the
grey whale was taken off the endangered species list; the Makah returned to their
whaling roots and their heritage is restored. Contrary to the accusations of Sea Shepherd
Conservation Society and The Progressive Animal Welfare Society, they still abide by the
1855 treaty and do not exploit their kill, and whaling is necessary for their survival
because they depend on them for sustenance (Rossiter). They limit themselves to a
maximum of 5 whales per year and take only what is needed in order to survive and
continue their way of life (Johnson). Their seasoned and refined hunting methods also
allow the whale to be killed in the quickest and least painful way possible.

Conclusion
Instead of fighting for an "either- or" ultimatum in the Native American's case,
there is a middle ground. As demonstrated by the Makah, I believe that there is a
possibility of finding a compromise policy that accommodates both environmental rights
and cultural rights. While animals are considered necessary for cultural and religious
practices, cooperation with conservation laws is also necessary to enable them continue
with their traditional practice. As a closing remark, I suggest that it is best to agree on a
middle ground, have regulations, have wildlife and environmental experts educate them
on the importance of preserving these animals, and the consequences if they don't.
These unique, magnificent creatures should be cherished and protected; they should not
end up and be seen as "just another fossil" by our future generations.

Acknowledgements

I would like to show my appreciation and accredit the success of this review article
to my instructor for this course, Melissa Helquist. She has given me guidance by helping
me to take the necessary steps to be able to compose and complete this final project.
Last but not least, without the sources whom I have cited, I would not have had any
legitimate facts to present nor would I have anything to say!

Works cited
Burk, R.L. Stoney. "The Endangered Species Act: Should It Affect Indian Hunting and Fishing
Rights?"
The Public Land & Resources Law Review 2 (1981): 124-37.
The Alexander Blewett III School of Law. Web.

Comment. Indian Title - The Rights of American Natives in Lands They Have Occupied Since Time
Immemorial, 75 COLUM. L. REV. 655. 1975.

Coggins and Modrcin, Native American Indians and Federal Wildlife Law,
31 STAN. L. REV. 375. 1979.

Cohen, Original Indian Title, 32 MINN. L. REV. 38. 1947.

Getches, Rosenfelt, Wilkinson. Federal Indian Law. 30-32.

Goddard, Jane. Whales and West Coast Natives. Islander. 23 July 1995. 8 Oct
2000. <http://whales.magna.com.au/POLICIES/makah.html>.

Johnson, Keith. An Open Letter to the Public From the President of the Makah Whaling
Commission. Seattle Times. 23 Aug 1998. 8 Oct. 2000.
<http://conbio.rice.edu/nae/docs/makaheditorial.html>.

Rossiter, William. The Makah Whaling Dance. Whales Alive! 1 Jan 1997. 10
Nov 2000. <http://elfi.com/csi97106.html>.

Stevens, Amy L. Reviving a Culture: Makah Whaling. Athabaskan. 5 Nov 2000

<http://www.journalism.wisc.edu/naja/voices99/makah.html>.

Trefethan, J. An American Crusade For Wildlife. 1975.

Weinbaum, Matthew. "Makah Native Americans Vs. Animal Rights Activists.". Web.
<http://umich.edu/~snre492/Jones/makah.htm>.

Appendix

Source: www.girafferesearch.com

Source: www.glogster.com

Source: www.endangeredspeciesinternational.org