Victory for Subsistence Fishing Rights: US v. Alaska ruling

Photo by Terese Vicente/KRITFC.

Press Statement regarding U.S. v. Alaska Fishing Rights Victory
Monday, April 1, 2024
Contact: Kevin Whitworth, Executive Director | kevinwhitworth@kritfc.org | 907-574-0388

Kuskokwim River Inter-Tribal Fish Commission, the United States, and Alaska Native Rights Advocates Claim Victory in Protecting Subsistence Fishing Rights and Defending the Katie John Cases from Attack by the State of Alaska – The State is Blocked from Interfering with Rural Subsistence Fishing

KUSKOKWIM RIVER, AK | On Friday, March 29, 2024, the Federal District Court for the District Court of Alaska took an important step forward in protecting Alaska Native and rural Alaskan subsistence rights by ruling in favor of the United States, the Kuskokwim River Inter-Tribal Fish Commission (KRITFC), and other Alaska Native subsistence rights advocates by rejecting the State of Alaska’s attack on federally-protected subsistence rights. The federal court permanently enjoined the State of Alaska from repeating its recent unlawful actions on the Kuskokwim River.

In the Alaska National Interest Lands Conservation Act (ANILCA), Congress recognized the fact that subsistence fishing is a key element to maintaining Indigenous ways of living for the people of our region, and mandated a subsistence fishing preference for rural residents whenever it becomes necessary to restrict fishing to conserve fish populations. However, because the State of Alaska continues to refuse to comply with federal law, it falls on the United States, in partnership with KRITFC, to regulate fishing on the portion of Kuskokwim River that lies within the Yukon Delta National Wildlife Refuge (Refuge).

In recent years, the communities that depend on the Kuskokwim River for food, well-being, and culture have experienced the devastating effects of a severe, multi-year, multi-species salmon crash. Federal and KRITFC managers have been forced to implement ANILCA’s rural subsistence priority in the Refuge, and Alaska Native communities of the Kuskokwim River watershed have voluntarily reduced their customary and traditional harvests to allow for salmon to spawn and rebuild stocks. However, in 2021 and 2022, the Alaska Department of Fish and Game directly interfered with federal management and issued emergency orders that purported to open the river to fishing by all.

The United States, joined by the KRITFC and later other Alaska Native subsistence rights advocates, filed a lawsuit to stop the State from undermining federal and tribal fisheries management efforts. In response, the State of Alaska expanded its attack on federally protected subsistence rights by directly challenging ANILCA and the Katie John line of cases.

“This ruling is a victory for the people of Western Alaska and the Kuskokwim River, and the Fish Commission is encouraged to see that the voice of the local people was upheld by the court. Our long-time concerns of sustainable stewardship, cultural vitality and food security are still present and there is much more work to be done in regard to equitable management. We will take this moment to catch our breath and celebrate, before continuing the hard work of our people and salmon relatives,” said KRITFC Chair Jonathan Samuelson.

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