A dispute over Native rights to fish in federal waters is heating up, with the Passamaquoddy Tribe asserting that while tribal members will follow federal fishery conservation laws, they do not need federal licenses. An incident off Nantucket last month, in which a boat was scalloping under a Passamaquoddy license but did not have a federal license, spurred the National Marine Fisheries Service (NMFS) to tell all federal fisheries permit holders that members of the tribe, at least at this time, are subject to all federal fishing laws and that they could face federal charges if they don't comply. Members of the tribe, though, are continuing to fish in federal waters, using tribal fishing permits.
The flare-up was triggered by an August 25 incident involving the Paulo Marc, a Maine-based boat that was scalloping off Nantucket. Kani Malsom of Sipayik, who owns Two Eagles Inc., an owner of the vessel, says the boat went into Nantucket during a storm and was boarded by the U.S. Coast Guard, and the Coast Guard said it was OK to fish, after checking the captain's tribal permit. Later while the boat was fishing, the Coast Guard and NMFS law enforcement officers boarded the boat again and said they needed federal permits. The captain was cited for fishing without a federal permit and for not having an electronic vessel monitoring system required on boats fishing in federal waters.
The next day, NMFS Regional Administrator Patricia Kurkul wrote to federal fisheries permit holders, stating that members of the Passamaquoddy Tribe are asserting "that they, and possibly those for whom they fish or operate a vessel, are not subject to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and all federal regulations while fishing the Exclusive Economic Zone (EEZ). Although NOAA [National Oceanic and Atmospheric Administration] is exploring, in government-to-government discussions with the tribe, the basis for these assertions, NOAA, at this time, does not recognize any claims that Passamaquoddy tribal members are not subject to federal fishing laws and regulations."
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