Chitina Dipnetters Association

Judge Michael A. MacDonald has made his decision regarding the Chitina Dipnetter Association and Alaska Fish and Wildlife Conservation Funds' lawsuit to have Chitina dipnet fishery classified as a subsistence fishery. The PDF file of his decision is linked below for everyone's review.

Mike Kramer, the attorney arguing our case in front of the judge, commented on the ruling:

A mixed opinion, but overall a win. The 2003 bof decision was reversed. Therefore the 1999 subsistence finding is the law unless and until the board comes up with an objective definition of the subsistence way of life, gives us a chance to admit whatever evidence we want on that new objective definition, and then produces 4 votes to reverse the 1999 decision using the new definition of "the subsistence way of life" without considering the per capita harvest of wild foods in any community.

So dipping in Chitina must be managed as subsistence use until the board says otherwise, after we have an opportunity to supplement the record with any evidence we want to show that dipping use in Chitina is part of the objectively defined "subsistence way of life".

In short, this looks like a qualified win. Further analysis of the opinion will no doubt be forthcoming. A big "Thank You" goes out to the men and women who pushed this lawsuit through and to everyone who made monetary donations in support of it.

Jan 6, 2009