Special Action Request submitted to Federal Subsistence Board to federalize the Chinook fishery on the Kuskokwim River for 2014 Season – Summary of events that have taken place to date and what will happen next
April 9, 2014
"The Napaskiak Tribal Council asked the Federal Subsistence Board to close the Kuskokwim River drainage to the harvest of Chinook salmon except by Federally qualified subsistence users with a customary and traditional use determination for Chinook salmon.
Additionally, the Napaskiak Tribal Council asked the Board to allow only some Federally qualified subsistence users to harvest Chinook salmon, and that the determination of who will be eligible be based on three criteria:
(1) customary and direct dependence upon Chinook salmon as the mainstay of livelihood,
(2) local residency, and
(3) the availability of alternative resources.
A determination under the three criteria is required in Section 804 of ANILCA, and is commonly called a "Section 804 analysis.” - OSM Draft Analysis
The context of the Napaskiak Tribal Council’s request is that it is likely the 2014 Chinook salmon season will be closed preseason to the harvest of Chinook salmon. They also anticipate that the feds will open the refuge waters to Chinook salmon at some point during June or July (to federally qualified users only). If this occurs, the number of fish available to harvest will be small in proportion to the number of people living on the river. A Section 804 analysis is necessary to determine which of the 40 villages will be eligible to harvest Chinook salmon in Refuge waters.
Following this request, there is a series of events that must happen and is currently taking place:
1. OSM conducts an analysis and makes a general recommendation. (completed)
2. Public comments and tribal consultation were requested at April 8 meeting, RAC meeting held April 7 in hopes to get RAC’s recommendation to the fed subsistence board. (completed)
3. A plan for how how allocation of fish will occur, should there be any available surplus will be created to present to the board.
4. Federal subsistence board will meet April 15-17 and be given OSM recommendation along with comments and RAC recommendations, and plan for distribution. They will decide to do one of three things:
a. Accept OSM conclusions and Napaskiak proposal
b. Accept with modification incorporating comments
c. Vote it down
5. If they accept or accept with modification, they must decide a time frame that their action will take place
a. Emergency (less than 6 months)
b. Temporary (greater than 60 days, less than 6 months)
So far, the following steps have been taken:
1. OSM completed the analysis – it can be found at http://www.doi.gov/subsistence/proposal/special_action/upload/FSA14-03-RC-April-1-2014-public-review-draft.pdf and the general conclusions are as follows:
"The conclusion of the analysis has two parts:
(1) preseason, the Yukon Delta Refuge Manager, in consultation with other fishery managers, should close Refuge waters to the harvest of Chinook salmon except by Federally qualified subsistence users; and
(2) the Board should allow residents of 29 of 40 villages in the Kuskokwim Area to harvest Chinook salmon from the Refuge waters, if there is a harvestable surplus. Presented from south to north, the villages are the following: Chefornak, Kipnuk,Kwigillingok, Kongiganek, Tuntutuliak, Eek, Napakiak, Napaskiak, Kasigluk, Nunapitchuk, Atmauthluak, Bethel, Oscarville, Kwethluk, Akiachak, Akiak, Tuluksak, Lower Kalskag, Kalskag, Aniak, Chuathbaluk, Crooked Creek, Red Devil, Sleetmute, Stoney River, Lime Village, Takotna, Nikolai, and McGrath."
**Please note, the villages of Georgetown, Telida and Napaimute were excluded from the list of villages who would be permitted to fish during times of openings for Chinook in refuge waters (below Aniak).
2. This analysis was presented to the Yukon Kuskokwim Delta Regional Advisory Council (RAC) http://www.doi.gov/subsistence/councils/ykd/index.cfm. The RAC passed the following motions (please note, these motions are not verbatim, but will give you the general idea):
Motion 1: To approve Napaskiak’s request to restrict the harvest of king salmon in 2014 to federally qualified users only and include the villages of Telida, Napaimute and Georgetown in the 804 determination.
Motion 2: Any harvest permits that may come as a result of reduced opportunity for subsistence use for 2014 will only be available to - people who are doing cutting/drying fish use patterns associated with fish camps - people who have been doing that action for 10 years, and – will be divided equally amongst all communities. (Motion passed)
Motion 3: To make it an emergency action effective May 15-July 15. (motion passed).
3. Tribal consultation was held with OSM, and public comment was heard on April 8th. A variety of comments were made from villages up and down the river; some in support and some against the proposal.
What’s Next?
OSM will take all comments and recommendations made to the Federal Subsistence Board, where a decision will be made.
The Federal Subsistence Board http://www.doi.gov/subsistence/board/index.cfmwill meet on April 15-17 to discuss and make their decisions.