Abstract:
Part I of this Note briefly discusses the interrelationship between
state and federal regulation of wildlife and the constitutional
constraints. Part II provides a primer on federal enclave
law. Part III discusses the background and application of the Assimilative
Crimes Act. Part IV discusses exclusive and concurrent
jurisdiction. Part V discusses state endangered species acts
as criminal laws. Part VI walks through the assimilation of a
state wildlife law. Finally, Part VII concludes with some of the
challenges of enforcing state prohibitions. The goal of this Note is not to challenge federal authority over wildlife generally, but
rather, to ensure there are alternatives available if the federal
government is not living up to its stewardship responsibilities.