 |  | Over the last year, Tlingit & Haida, Chugach Regional Resources Commission (CRRC), and Kodiak Island Tribal Coalition (KITC) sent requests to the U.S. Fish and Wildlife Service (USFWS) to enter into regional co-management agreements for sea otters under the Marine Mammal Protection Act (MMPA). The MMPA is a federal law that seeks to conserve species by prohibiting the “taking” of any marine mammals within U.S. waters, where “take” means to disturb, harass or hunt. The MMPA includes the Alaska Native Exemption, which allows Alaska Natives to take marine mammals for subsistence purposes and to create and sell authentic native articles of handicrafts and clothing, provided the take is accomplished non-wasteful. Additionally, the MMPA includes Section 119, giving explicit authority to both the National Marine Fisheries Service and USFWS to enter into cooperative agreements with Alaska Native Organizations (ANOs) to conserve marine mammals and provide co-management of subsistence use by Alaska Natives. Co-management of marine mammals is not defined in the MMPA. However, it generally refers to shared responsibility and decision-making between the federal government and ANOs regarding the management of subsistence uses. These requests for co-management are an exercise of tribal sovereignty and are supported by Executive Order No. 13175 and Joint-Secretarial Orders No. 3403. In response to these requests, USFWS invited Tlingit & Haida, CRRC, and KITC to participate in tribal consultation.
On September 26, 2024, USFWS consulted with Tlingit & Haida, CRRC, and KITC to discuss Alaska Native eligibility, traditional harvest, subsistence, food security, and Section 119 of the MMPA for co-management of sea otters. During this consultation, USFWS informed tribal representatives about a legal clarification on the regulatory definition of Alaska Native from the U.S. Department of Interior Solicitor General regarding marine mammal harvest eligibility under federal regulation 50 CFR 216.3. In this section, the federal regulation defines who is eligible to harvest and reads:
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