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New Mexico v. Mescalero Apache Tribe
''New Mexico v. Mescalero Apache Tribe'', 462 U.S. 324 (1983), was a case in which the Supreme Court of the United States held that the application of New Mexico's laws to on-reservation hunting and fishing by nonmembers of the Tribe is preempted by the operation of federal law.〔''New Mexico v. Mescalero Apache Tribe'', 〕
==Background==
The Mescalero Apache Tribe is a Native American (Indian) tribe with a reservation in south central New Mexico in the Rocky Mountains, generally south of Ruidosa and west of Tularosa. The current reservation was established by a series of Executive Orders, with the most recent dating from 1883. The tribe is governed by the Indian Reorganization Act,〔Indian Reorganization Act, , et seq〕 which provided for self-government of the tribe and reservation, subject to approval by the Secretary of the Interior.〔
The tribe's major source of income, lumber, was in decline and the tribe started looking at other sources of income. These included a casino resort complex, Inn of the Mountain Gods, a ski resort, Ski Apache, and development of fish and game resources. All of these programs provided revenue for the tribal government to provide services to tribal members. In the hunting and fishing areas, the tribe entered into a sustained collaborative effort with the United States Fish and Wildlife Service. This included creating eight lakes, stocking the lakes with fish, and the federal government operating a hatchery on the reservation. The state was not involved in these efforts. The federal government also provided a herd of 142 elk, which the tribe's game management program has increased to 1,200. New Mexico was not involved in these efforts, nor of the other game on the reservation. The tribe and the federal government jointly conduct a fish and game management program. Every year the tribe adopts hunting and fishing ordinances based on the recommendations of the federal government. These ordinances are then approved by the Interior Secretary. The state of New Mexico also has hunting and fishing regulations.〔
The two sets of regulations are often in conflict as regards to the hunting seasons, bag limits, and the fact that the tribe does not require a state license to hunt tribal lands, regardless of whether the individual is an Indian or non-Indian. In 1977, the New Mexico Department of Game and Fish began to enforce state game laws by arresting non-Indian hunters for illegal possession of game that was taken from the reservation in accordance with tribal laws, but that were not in compliance with state law.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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