Environmental Information Policy and Secrets About Jaguars: Why Trusting Arizona Tribes is the Best Strategy for Jaguar Protection

Abstract

The jaguar (Panthera onca) roams the Southwest boundary region of the United States, Mexico, and tribal nations, particularly in southeastern Arizona and northeastern Sonora. This transboundary species - walking across numerous political borders - has remained elusive and controversial. Those who care about the preservation of the species want to learn all they can so that political action can be taken. This requires information about the jaguar, but the federal and state governments do not give all of the information they have, and the tribal governments say little. Knowing the exact locations of jaguars is not necessary for the preservation of jaguars. Tribes can be trusted to take care of jaguars on reservation lands. To support that thesis, this Article details how information about the jaguar flows - or not - among federal, state, local, and *188 tribal governments, as well as the public that may want the information. Despite many government and media reports generally omitting tribal reservations from the discussion, this Article also explains how many of the historical and recent sightings and confirmations of jaguars in Arizona have occurred on or near tribal reservations, and that jaguars still could be on reservation land. This supports the notion that tribes not only know these jaguars exist, but also know how to care for them. Finally, environmental information policy may require some secrecy at times to make certain endangered species are protected, but policy-making outside of the public gaze must not be a permanent situation, even when it involves tribes.