The statewide management plan discusses methods of assessing population viability. The Department is committed to funding and staffing actions to achieve the goals of the EMU plans. The Department recognizes that some of its proposed activities and species management plans may adversely affect the interests of California Tribes. The Department is committed to consulting with Tribes on fish, wildlife and plant issues, and assessing and avoiding to the extent possible adverse impacts of Department activities on tribal interests. The Department and Tribes share authority to regulate the take of elk as they move across the landscape and jurisdictional boundaries. The Department possesses regulatory authority within state boundaries and Tribes possess regulatory authority within tribal land. A Tribe maintains inherent power to regulate the take of elk by its members within its reservation. (New Mexico v. Mescalero Apache Tribe (1983) 462 U. S. 324, 332, 335). Application of the FGC to a Tribe and its members within that Tribe's reservation is limited (FGC §12300).The Department may not enforce its elk regulations against tribal members within their Tribe's reservation when doing so is preempted by federal law or would infringe on the right of self-government.Moreover, the Department is committed to providing meaningful opportunities to participate in decision-making processes that affect tribal interests.
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