United States V. Dion - Facts

Facts

Dwight Dion Sr., a member of the Yankton Sioux Tribe of South Dakota, was convicted of shooting four bald eagles in violation of the Endangered Species Act, and of selling the carcasses in violation of the Eagle Protection Act and Migratory Bird Treaty Act. The takings occurred on the Yankton Sioux reservation. The reservation was created by an 1858 treaty; the Yankton tribe ceded all but 400,000 acres (1,600 km2) of their territory to the United States. In exchange for the land, the United States guaranteed the tribe quiet and undisturbed possession of the reserved land, as well as monetary compensation. All parties to the litigation acknowledged that the treaty granted exclusive rights to hunt and fish on the reservation.

The Eagle Protection Act, by its express terms, made it a federal offense to hunt bald or golden eagles anywhere within the United States unless provided a permit by the Secretary of the Interior. The Endangered Species Act also imposed strict sanctions on the hunting of species such as the bald eagle that have been listed as endangered or threatened.

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