Tribal Consultation with U.S. Fish & Wildlife Service Provides Clarity on Alaska Native Eligibility under Marine Mammal Protection Act

Alaska Regional Director U.S. Fish and Wildlife Service Sara Boario listens during September 2024 tribal consultation meeting

Tlingit & Haida met in tribal consultation with the U.S. Fish and Wildlife Service (USFWS) on September 26, 2024, in Juneau, Alaska to address co-management and Alaska Native eligibility to harvest Northern Sea Otters in Southeast Alaska under the Marine Mammal Protection Act (MMPA). The request, initiated by Tlingit & Haida in October 2023, sought clarity on the criteria for Alaska Native eligibility. 



During this tribal consultation, USFWS Alaska Regional Director Sara Boario shared a clarified interpretation from the Department of Interior Solicitor General. This clarification confirms that individuals can be recognized as Alaska Natives by their Native village or town, without regard to a minimum blood quantum requirement. Eligible hunters, who reside in Alaska on the coast of the North Pacific or Arctic Oceans can be: 

1) “a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimshian Indians enrolled or not enrolled in the [Metlakatla] Indian Community), Eskimo, or Aleut blood, or combination thereof”; or 

2) “in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or town of which [the hunter] claims to be a member and whose father or mother is (or, if deceased, was) regarded as a Native by any Native village or town”; or 

3) “any citizen enrolled by the Secretary pursuant to section 5 of the Alaska Native Claims Settlement Act.” 

This interpretation, Boario explained, aligns with the Biden-Harris Administration’s commitment to ensuring that more individuals can access the protections and rights granted under the MMPA. 


“The consultation may have provided clarity regarding eligibility, but we recognize that additional work is needed,” stated Tlingit & Haida President Chalyee Éesh Richard Peterson. “While no regulatory changes were made, we now have confirmation that Tlingit & Haida tribal citizens carrying their Tribal ID cards while hunting Northern Sea Otters in Southeast Alaska meet the regulatory requirements to engage in this cultural activity.” 


During this tribal consultation, Tlingit & Haida also reaffirmed its request for a cooperative agreement with USFWS to enhance collaborative regional management of Northern Sea Otters in Southeast Alaska. Under Section 119 of the MMPA, the USFWS is authorized to enter into agreements with Alaska Native Organizations (ANO) and tribes, to conserve marine mammals and provide co-management of subsistence species by Alaska Natives. 


Ralph Wolfe, Director of Tlingit & Haida’s Indigenous Stewardship Programs, noted, “co-management agreements benefit both the USFWS and its tribal partners by expanding monitoring, data collection, and research opportunities. This collaboration ensures cultural preservation, food security, and access to healthy foods for our citizens.” Co-management, Indigenous Knowledge, and tribal monitoring can strengthen decision-making by considering the full suite of ecological, economic and social interactions among Northern Sea Otters, people and place within our region.  


For more than 30 years, Northern Sea Otter management has adversely affected the traditional harvesting practices for our tribal citizens. The growing Northern Sea Otter population, which preys on crucial shellfish and other species, threatens our subsistence lifeway. Broader access for tribal citizens to sustainably harvest Northern Sea Otters in Southeast Alaska can help restore the ecological balance and we look forward to working with our federal partners towards co-management in our region. 


As you prepare to exercise your right to harvest marine mammals, please remember that you are required to carry a valid Tlingit & Haida Tribal ID as proof of tribal enrollment. If you need to obtain or update your Tribal ID, we encourage you to reach out to your local Community Navigator for assistance. Gunalchéesh, Háw’aa for helping to ensure compliance and preserve our traditional practices. 

Contact:

Dixie Hutchinson, Tlingit & Haida Communications Director

Phone: 907.209.1022 | Email: dhutchinson@tlingitandhaida.gov

Our Mission
“Preserve our sovereignty, enhance our economic and cultural resources, and promote
self-sufficiency and self-governance for our citizens.”
Connect with Us:
Facebook  Twitter  Instagram  Youtube