The Department of Interior has let three Alaska Native organizations — Tlingit & Haida Central Council, Chugach Regional Resources Commission, and Kodiak Island Tribal Coalition — determine a brand new interpretation of tribal membership, as it relates to the hunting mammals like of sea otters under the Marine Mammal Protection Act.
The redefinition of tribal membership is not unlike how the Biden Administration tried to redefine “woman” to include “transgenders” under Title IX protection of women and girls’ sports. The U.S. Supreme Court has put that action on hold, while it is under appeal by states such as Alaska.
The details of the new interpretation of what it means to be a tribal member are technical, narrow, and involve an area of law with which most Americans are unfamiliar: The hunting of sea mammals, including polar bear, sea otters, and walrus.
“Alaskan Native means a person defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) (85 Stat. 588) as a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimshian Indians enrolled or not enrolled in the Metlakatla Indian Community), Eskimo, or Aleut blood or combination thereof. The term includes any Native, as so defined, either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or group, of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any Native village or Native group,” the U.S. Fish and Wildlife Service says. (Our italicized emphasis).
“Absence of proof of a minimum blood quantum” and any citizen who is “regarded” as a member of a Native village or “group” is the key portion of the new definition that is of interest to Alaska Natives, who may see increased competition for subsistence resources.
In a letter to Tlingit & Haida Central Council President Richard Petersen, U.S. Fish and Wildlife said that “to minimize confusion for hunters and facilitate continued subsistence harvest and sharing of cultural traditions with all generations of Alaska Native peoples, the Service is clarifying that our existing regulations provide options for determining Alaska Native harvest eligibility for marine mammals under the Service’s jurisdiction (sea otters, walrus, and polar bears). Eligible hunters, who reside in Alaska on the coast of the North Pacific or Arctic Oceans, can now be simply admitted by a tribe:
1) “a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimshian Indians enrolled or not enrolled in the [Metlakatla] Indian Community), Eskimo, or Aleut blood, or combination thereof”; or
2) “in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or town of which [the hunter] claims to be a member and whose father or mother is (or, if deceased, was) regarded as a Native by any Native village or town”; or
3) “any citizen enrolled by the Secretary pursuant to section 5 of the Alaska Native Claims Settlement Act.”
A tribe can essentially open up membership, enroll people it wants using its own decision process, and then those people can hunt polar bear, walrus, or sea otters.
There is no consideration in the Fish and Wildlife ruling about what impact the addition of tribal members may have on the polar bears, walruses, or sea otter. And there’s no explanation given as to why this ruling would not trigger the National Environmental Policy Act (NEPA) process and require an environmental impact statement.
The issue is tribal sovereignty, according to the government and the three tribal governance coalitions. But the federal government has only been in consultation with three tribal governance coalitions, rather than the 227 other federally recognized tribes in Alaska.
What’s more, the National Oceanic and Atmospheric Administration (NOAA) has primacy on management of some ocean mammals, while U.S. Fish and Wildlife manages other marine mammals, which may create a conflict in how the agencies enforce the laws that protect a scarce resource. It’s unclear if NOAA is going to recognize the now-open tribal membership rules set by Fish and Wildlife. It’s also unclear if the tribes will be able to bulk up their memberships, and how they might monetize it.
The Marine Mammal Protection Act was designed to conserve marine mammals by prohibiting the “taking” of these species within U.S. waters, but hit has an exemption for Alaska Natives. The Alaska Native Exemption allows for the harvest of marine mammals, including sea otters, for subsistence purposes, as well as for the creation of handicrafts and clothing, provided that the harvest is done in a non-wasteful manner.
Under Section 119 of the Act, federal agencies are authorized to enter into cooperative agreements with Alaska Native organizations to jointly manage marine mammal populations and oversee subsistence uses by Native communities.
On Sept. 26, Fish and Wildlife officials held a consultation with representatives from Tlingit & Haida, CRRC, and KITC to discuss Alaska Native eligibility, traditional harvest practices, food security, and Section 119 co-management of sea otters. The federal agency also presented a legal clarification regarding the regulatory definition of “Alaska Native” from the U.S. Department of Interior Solicitor General, which could impact who is eligible to harvest marine mammals.
The letter from the Biden Administration’s Sara Boario, who is the Alaska regional director for Fish and Wildlife, follows:
Ya that won’t be abused lol
This is the way it should be. Especially for us Indians who have 1/1000 Native blood.
Will this affect married couples? Where the only person in a household NOT able to utilize the native hospital was a spouse.
I’m asking for a friend……
Why do we expect the party of science to actually let science (you know, things like mathematics, biology, statistics, etc…) actually get in the way when defining terms.
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I think I will self identify as a fire engine tomorrow on my commute. That will save a bit of time.
Will the Indian Health Service adopt the same criteria, or is this limited to hunting?
After watching Elizabeth “Tomahawk” Warren bury the hatchet in Bernie Sanders during the 2019 Democrat primary she proved her blood quantum as much as Kamala has proven her quantum as the first black woman Vice President and soon to be President with her white VP “Tampon Tim”.
They have blazed a trail for anyone to be who they would rather be…if the benefit package is big enough.
Who knows? With the benefit package the “Newcomers” are receiving it may be wiser to identify as an illegal alien with a criminal background to be eligible for extended welfare benefits housing free education AND medical with a chance to vote for your favorite Democrat gifthorse.
The Inuit is here defined as one who can hunt walrus, seal, narwhal, etc. Nothing else. There was a study done in the early 1900s where two Inuit people were taken out of their native Alaskan habitat and brought to live in NYC. One was an older man and the other a young child. The older man died because he could not adjust or live in the climate or eat the foods. The younger boy survived but not well. He could not adapt completely to the climate but got by with the foods. He was sickly all his life. When he grew older he was brought back to his native environment. No longer could he adapt to his native environment. He remained sickly and eventually died, before his years.
People who were created to live in the extreme environments – the Arctic Circle or the Rainforest are not interchangeable. Skills are acquired. Physiology is inherent.
The very physiology that “protected” black Africans from their environment meant and means continued problems in the US. Sickle cell, hypertension, diabetes… As an added bonus, American blacks won’t be able to do well back in Africa as those survival traits are gone.
Look at Texas, anyone with a foreign driver’s license can vote since it is assumed that they haven’t received their naturalization papers by the time of the election and still using foreign documents. The decision for tribal membership is the same…. anyone can be anything they want.
We are Iñupiat not Innuit. There are no narwhales to hunt in our home areas.
We are not indigenous, we are Alaska Natives, human beings, not flora or fauna distinct to a specific region.
Your racial theory that Iñupiats cannot move to more moderate climates is out of touch with reality.
As human beings we can live in any environment, and interbreed with any race.
A lot of elders had to move south due to TB, and some stayed there. Our children and grandchildren do just fine in down states climates. They get mistaken for Hispanics, but as evidenced by the current ignorant norms, not surprising.
Your examples make no sense. It’s not the climate, it’s the dysfunctional fragmented family society and concrete and steele “habitat” that kills normal people.
I don’t think this is a big deal. I’ve lived on the Bering Sea in a remote village exclusively for the last ten years.
Actually I think they didn’t go far enough. If I was King for the day I would of legalized professional Native Guides to take sports hunters out for seal, walrus and polar bears for profit and the meat for the Villages.
If you’re thinking non Natives are going to make a big rush to Villages, naw ain’t happening… We can’t even get our legislators to move back to the hubs from the Anchorage hillside, nevermind so much as visit a Village in their districts….
Great comment!
The Sea Mammal Protection Act was designed to destroy Eskimo culture.
The transition from a subsistence existence to a cash based economy while maintaining cultural integrity had to be destroyed.
Men and women had distinct roles in traditional Eskimo culture. Men provided food by hunting sea mammals, and depending how competent they were, depended how many wives and children they had.
Now the women control the village economies by grant writing, not by supporting their men or caring for their children.
Native guiding for sea mammals would form the basis of a viable economy and functional society. For this reason it will remain untenable.
Dependency, misery and dysfunction is our state and federal policy.
Yet another reason why Alaska should be managing all wildlife resources within its borders and setting harvest regulations to benefit all Alaskans. These marine mammals have been under ESA protections for far too long, and this decision further divides Alaskans as one group is golden, and one is shut out. Anyone familiar with tribal dynamics knows that they’re constantly evolving as elected leadership changes. Will their determinations be permanent or temporary? This federal legal interpretation will lead to more infighting as it will drastically expand the gray area for membership (beyond existing questions of a person’s blood history). If tribes can grant membership, they can also taketh away…
Thank you. The definition given by the Biden administration is the same as men are INHERENTLY women and women are INHERENTLY men.
The Inuit is here defined as one who can hunt walrus, seal, narwhal, etc. Nothing else. There was a study done in the early 1900s where two Inuit people were taken out of their native Alaskan habitat and brought to live in NYC. One was an older man and the other a young child. The older man died because he could not adjust or live in the climate or eat the foods. The younger boy survived but not well. He could not adapt completely to the climate but got by with the foods. He was sickly all his life. When he grew older he was brought back to his native environment. No longer could he adapt to his native environment. He remained sickly and eventually died, before his years.
People who were created to live in the extreme environments – the Arctic Circle or the Rainforest are not interchangeable. Skills are acquired.
Physiology is not.
You wonder why Beluga whales once common in Turnagin arm are seldom seen, over hunting by Natives. Only one in 7 Belugas killed is harvested. Beluga whales when shot are “ sinkers “. Definition of wanton waste.
With this type of wildlife management a study needs to be commissioned prior to allowing more people to hunt marine mammals.
That said why in 2024 a simple blood test to prove 0.25 Alaska Native requirement be proven. How can the DOI change that definition.
It is apparent that the Southeast Natives DO NOT have enough tribal members to willing to carry on the Native traditions. So the solution is to open the door for non natives. Does this mean that the non natives will be allowed free medical?
Will non native tribal members get a cut of the Native corporation monies? I say if you open the door for non natives to hunt marine mammals, you open the door to ALL the benefits Alaska Natives enjoy, over the rest of Alaskans.
One of the reasons they are having trouble keeping their traditions alive is the Tlingit are hyper protective of their knowledge and traditions.
Even people like me who really want to learn. I get the not wanting to share knowledge with people who might abuse it, but being hyper protective to this degree hurts the cause.
So what exactly are you upset about? The fact that they will be able to harvest marine mammals or that blood quantum is no longer a determining factor of eligibility. Blood quantum has and always will be the way that the government achieves its goal of genocide. Taking that away from the government is how to this day the Cherokee nations thrives. As far as the marine mammals, they can shoot all of the sea otters they want since they have been destroying coastal indigenous food sources.
What a weird take,
Here are some examples of fallacies and misnomers found in the article:
False Dichotomy: The article frames tribal membership as strictly between blood quantum and self-definition, ignoring the complexity of tribal laws and customs.
Oversimplification: It implies that redefining membership will straightforwardly lead to resource overharvesting, neglecting the nuanced governance of tribes.
Appeal to Fear: The article raises alarms about overharvesting without providing substantial evidence, potentially inflating concerns.
These elements reflect misunderstandings about tribal sovereignty and governance.
So basically Tribal Membership is up for sale. Sweet.
Tribes have always had the ability to adopt people into the clan/tribe/moiaty (sp). Now they can monetize it.
Time to end native preferences if this stands.
The U.S. Constitution allows the Department of Interior to let three Alaska Native organizations determine a brand new interpretation of tribal membership?
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What’s next, any federal agency can let three organizations of their choosing determine a brand new interpretation of American citizenship?
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No?
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What stops them?
My tribe, the Choctaw let’s any one be a member with 1/16 degree bloodlines. Other tribes are 1/4, to 1/8. It is up to the tribes to decide. It’s their party.
Until an interface with everyone else. Internally, no problem, but this isn’t solely internal to a tribe.
Greg, I agree with you. When that comes to internal issues of the tribe.
However, when it deals with Federal or State law, there must be a measurable standard. The Marine Mammal Protection Act and other laws involving wildlife allow for subsistence hunting for natives. But, the Federal Government is not going to accept “because we say they are a native” as proof they are exempt under the law.
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There must be some measurable level. Otherwise, personal prejudice and bias will absolutely come into play.
Who needs to hunt subsistence when you can use the cellphone to order takeout from Dominos and Papa Johns? You can even use your satellite phone, if necessary, and the feds will reimburse the charges if the delivery time is too slow for Bush orders. Anchovies?
With every passing generation, blood quantum is becoming more watered down with Caucasian, Negroid and Asian blood. They have to make room for these people who no longer fit the old guidelines.
Do it in some measurable way.
“Because we say they are a member of the tribe.” does not make them a native, and qualified to subsistence hunt.
Wonder what Trump would say.
If someone can trace their family lineage, is recognized as a tribal citizen by the tribe, and resides in a coastal town or village in Alaska, they have the right to hunt marine mammals as part of their cultural heritage. Blood quantum is a concept better suited for animals, not people. Tribal identity is about lineage, culture, and history—not percentages.
Not entirely. I once knew a person that played native. Had the clothing, culture,
the history down pat
It don’t make you native. Just a wannabe.
I know of families whose children are an 1/8 Alaskan Native, but the only thing they were allowed was healthcare IF they were born at the native hospital. I don’t think that your explanation is entirely accurate Rain.
I was made honorary chief of the Katzenjammer tribe a number of years ago. Does that mean I can call myself an Alaska Native?
The MMPA is Jim Crow.
Just wait someone will figure out there is money to be made by selling Tribal memberships. But that would not happen in Alaska. Right?
First thing I thought of when I saw that picture: “Kill the wise one!”…
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