Published on February 4th, 2010

Chitna dipnetting - is it subsistence or personal use?

By JOY LANDALUCE

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The Chitina Dipnetters Association and Alaska Fish and Wildlife Conservation

Fund filed suit against the state a year ago to reclassify the Chitina dipnet fishery as a subsistence fishery. Before a fish stock can qualify as a subsistence fishery, state law requires the board to determine "customary and traditional use" of that fishery.

Historically, the Chitina dipnet fishery has been defined as personal use, however in 1999 the Alaska Board of Fisheries voted in support of reclassifying this fishery as a subsistence. In a recent decision issued by Anchorage Superior Court Judge Mike MacDonald, the Alaska Board of Fisheries has been asked to revisit the 2003 decision in which it reversed its classification converting the Chitina dipnet fishery back to a personal use fishery.

MacDonald told the board in a Dec. 31 decision to better define the term "subsistence way of life" before deciding whether dipnetting at Chitina should be reverted back to a subsistence fishery.

Fishing for subsistence has a higher priority under state law than that of commercial,

sport or personal-use fishing. Dipnetters contend state limits on their Copper River salmon catches are too restrictive.

The board uses eight criteria to help guide their decisions relating to subsistence use. The eighth criteria requires that the board consider whether the fishery "provides substantial economic, cultural, social and nutritional elements of the subsistence way of life."

MacDonald said board members used "ill-defined, subjective definitions" during the 2003 meeting where they reversed their earlier decision establishing the Chitina fishery as subsistence fishery.

The board will likely consider the Chitina issue at the March statewide finfish Board of Fisheries meeting in Anchorage, said Lance Nelson, senior state assistant district attorney with the Department of Law and an adviser to the board. "The board will re-evaluate it in light of the court direction, make a decision one way or another and put it in regulation well before the season starts," Nelson said.

The dipnet season in Chitina traditionally opens in the first week of June and annually attracts more than 10,000 dip-netters to the Copper River.

Mark Hem, vice president of the Chitina Dipnetters Association, called McDonald's decision a "major victory" because it reopens the issue. "It also technically means since 1999 we've been subsistence users," said Hem. who operates a charter business at Chitina ferrying dipnetters to fishing spots.

CDFU's assessment

Cordova District Fishermen United president Jerry McCune said that he respects all other users, and that as Alaskans we share common ground as well as resources on the Copper River.

"Our No. 1 priority is to protect our fishery - and that means ensuring that there are enough resources to meet the needs of all user groups, while ensuring that our salmon stocks are healthy and abundant," McCune said.

CDFU has held a solid position on this matter over the years. "CDFU respects all Alaskans' opportunity to fish and eat salmon personally harvested. We believe that personal use fisheries are an important part of our culture in Alaska," McCune said. "Through balance and good management, it is CDFU's hope that all fisheries - subsistence, personal use and commercial - stay strong and healthy, and that there are adequate resources and opportunities available to meet all users' needs."

CDFU executive director Rochelle van den Broek said it is common knowledge that the Chitina dipnet fishery has grown substantially over the years.

"It is of grave concern to the fleet that any decision to revert the Chitina fishery back to subsistence will lead to the closure of commercial fishing activities on the Copper River."

As the Chitina fishery continues to grow, if it were reclassified back to a subsistence fishery, people could expect to see the allocation of Copper River salmon to this user group increase to meet the escalating needs of the dipnet users, van den Broek said.

"You don't need to be a genius to figure out what consequences this could bring to the commercial fleet, our Copper River marketing efforts, and the community of Cordova." van den Broek said. "Our local economy is intrinsically connected to the commercial fishery, and the Copper River brings a much-needed economic boost to our community each spring."

CDFU is closely monitoring this issue, and is waiting to see what the state presents in terms of a better definition for the term subsistence way of life, van den Broek said.

"We expect that this definition will be released within the next week or so, at which point we'll work on formulating our comments."

The Board of Fisheries will meet in Anchorage on March 16-20.

For more information on Copper River personal use and subsistence fisheries designations and current regulations, go online to www.sf.adfg.state.ak.us/Management/Areas. cfm/FA/copperSusitnaChitna.chitna

The Associated Press contributed to this article.

Joy Landaluce can be reached at editor@thecordovatimes.com, or by phone at 907-424-7181

 

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