subsistence fishing

Palin on Tribes

Kirsten Matoy Carlson18 Comments

From Lloyd Miller & Heather Kendall Miller

Sarah Palin’s Record on Alaska Native and Tribal Issues

1. Palin has attacked Alaska Native Subsistence Fishing

Perhaps no issue is of greater importance to Alaska Native peoples as the right to hunt and fish according to ancient customary and traditional practices, and to carry on the subsistence way of life for future generations.

Governor Sarah Palin has consistently opposed those rights.

Once in office, Governor Palin decided to continue litigation that seeks to overturn every subsistence fishing determination the federal government has ever made in Alaska. (State of Alaska v. Norton, 3:05-cv-0158-HRH (D. Ak).) In pressing this case, Palin decided against using the Attorney General (which usually handles State litigation) and instead continued contracting with Senator Ted Stevens’ brother-in-law’s law firm (Birch, Horton, Bittner & Cherot).

The goal of Palin’s law suit is to invalidate all the subsistence fishing regulations the federal government has issued to date to protect Native fishing, and to force the courts instead to take over the role of setting subsistence regulations. Palin’s law suit seeks to diminish subsistence fishing rights in order to expand sport and commercial fishing.

In May 2007, the federal court rejected the State’s main challenge, holding that Congress in 1980 had expressly granted the U.S. Interior and Agriculture Departments the authority to regulate and protect Native and rural subsistence fishing activities in Alaska. (Decision entered May 15, 2007 (Dkt. No. 110).)

Notwithstanding this ruling, Palin continues to argue in the litigation that the federal subsistence protections are too broad, and should be narrowed to exclude vast areas from subsistence fishing, in favor of sport and commercial fishing. Palin opposes subsistence protections in marine waters, on many of the lands that Natives selected under their 1971 land claims settlement with the state and federal governments, and in many of the rivers where Alaska Natives customarily fish. (Alaska Complaint at 15-18.) Palin also opposes subsistence fishing protections on Alaska Native federal allotments that were deeded to individuals purposely to foster Native subsistence activities. All these issues are now pending before the federal district court.

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First DNR Inland Settlement Meeting

Matthew L.M. Fletcher

From the Soo Evening News:

Fisheries Chief Kelly Smith of the Michigan Department of Natural Resources indicated the fishing portion of the consent decree involved long and detailed discussion. The state was looking to protect fish stocks while at the same time minimizing the impact on licensed anglers and maintaining the current regulations. The tribes were looking to maximize harvest at peak times of efficiency utilizing spears and nets even during the spawning runs.

The tribes agreed to a permit system with notification requirements and timely harvest reporting. For its part, the state agreed to allow subsistence fishing activities even during spawning periods with certain restrictions designed to protect fish populations.

Walleyes, salmon and steelhead may all be taken by subsistence fishermen utilizing the tribal permit system with a variety of restrictions. They will be limited to somewhere between 5 and 10 percent of the walleye population in any given inland lake depending on acreage. Certain river systems leading into Big and Little Bay de Noc will also be open during the spawning run.

Smith observed the combination of sport anglers and subsistence fishermen should not exceed the 35 percent threshold required to maintain walleye populations on any given lake.

Steelhead and salmon will also be available to subsistence fishermen under the agreement with certain limitations again designed to protect brood stock in key areas.

Tribal members utilizing their own hunting permits will be allowed to harvest up to five deer a year with the season beginning the day after Labor Day and running into January. These permits will limit harvest to two antlered deer with only one allowed to be taken with a firearm before Nov. 1. The agreement also calls for a quiet period from Nov. 1-14, prohibiting the use of firearms for trial deer hunters.

Tribal regulations allow for the harvest of two turkey during the spring hunt and two more during the fall hunt. Migratory bird hunting will be governed by existing federal regulations with most other small game species unaddressed by the consent decree.

Bear hunters operating under tribal regulations will have the same start and end dates as Michigan hunters without any breaks. Tribal members will be entitled to up to 10 percent of the harvest within each bear management unit and that number can increase to 12.5 percent in the future if needed.

Tribal hunters are also guaranteed 10 percent of the state’s elk permits, but that can increase to 20 percent if the state issues less than 101 permits and more than 50.

Permits for both bear and elk will be transferable.

There were a number of questions from the audience following the DNR’s presentation including one member who asked if the tribe should be required to utilize the same equipment and techniques available at the time the treaty was signed.

“The courts have uniformly held that tribal members can use the same benefits of technology as non-tribal members,” answered Dobbins, meaning tribal members do not have any gear restrictions above and beyond the average sportsman.