June 26, 2019 — Henry Bear is the former representative in the Maine Legislature for the Houlton Band of Maliseet Indians. Three years ago the now-63-year-old tribal leader was issued a summons for overfishing his elver quota by 1/100th of a pound. Elvers are immature American eels, Anguilla rostrata, that ascend Maine rivers in the spring. The elver fishery is big money with the little eels selling for around a $1,000 a pound.
Overfishing elvers is a criminal offense in Maine. When a politically active Native American gets summoned for 1/100thof a pound over his elver quota, the equivalent of getting a criminal speeding ticket for going 50.5 miles per hour in a 50-mile-per-hour speed zone, it raises questions.
“They call this a test case,” says Bear. “I call it a political hatchet job.” Bear asserts that the Department of Marine Resources staff reviewed the charges and decided to press the case, against the recommendation of state assistant attorney general of Waldo County, William Entwisle.
The charges against him led Bear, who is currently studying law at the University of Maine, to investigate the grounds of the state’s authority in light of several treaties, particularly the 1776 Treaty of Watertown, which was signed by his ancestor, Ambrose Bear. While the states of Maine and Massachusetts agree the treaty has not been extinguished in any way, Maine has long asserted that the Implementing Act of the 1980 Land Claims Settlement Act brought tribal fisheries under state jurisdiction. But Bear has uncovered evidence that indicates the Implementing Act was never properly enacted, possibly putting Maine’s Indian land claims back on the table.
“I calculated we’re talking about $20 billion, based on the current value of the land,” says Bear.