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:
[email protected], 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