Know Your Aboriginal Rights

As the summer harvesting season approaches, it is crucial that tribal members know their aboriginal rights. Aboriginal rights are federal laws that supersede state-enforced regulations. Below is an excerpt on tribal members’ aboriginal rights both on and off-reservation. For more information, please visit the tribe’s website here.

On reservation aboriginal rights

The Mashpee Wampanoag Tribe has exclusive enjoyment of hunting, fishing and trapping on our reservation lands. The tribe has maintained this exclusive right to hunt, fish or trap on these reservation lands as they have not been given up by treaty, statute, or other federal action. Hunting and fishing on tribal lands is free of regulation by the state.

 

Off-reservation Aboriginal rights

  • Tribal members cannot be prohibited from exercising retained aboriginal rights in their usual and accustomed places.

  • Tribal members have an easement over lands to access their usual and accustomed places.

  • The right to fish, hunt and trap off-reservation is non-exclusive and may be shared with non-tribal members.

  • Tribal members do not need to purchase state licenses to practice their off-reservation aboriginal rights