October 20, 2020 — State attorneys are asking a federal court judge to dismiss a fishing rights case brought by Metlakatla Indian Community at the southeastern tip of the state.
The state’s sole native reserve — that’s similar to Lower 48 reservations — argues Congress granted it the right to fish in its traditional waters — even outside the marine boundaries of the Annette Islands Reserve. The tribe says the state thus doesn’t have the right to require state fishing permits for tribal members in state waters.
But in a 38-page filing Thursday, Department of Law attorneys argue that’s not the case.
“…in 1891, did Congress intend to grant off-reservation fishing rights to the Metlakatlans? The answer is ‘no,’” state attorneys write.
They say the full text of the 1891 law establishing the Annette Islands Reserve as a permanent home for native Tsimshian people, and congressional debate around that time show that lawmakers never intended to grant residents the right to fish outside the reserve’s boundaries.