Supreme Court Arguments

The State’s Supreme Court comes to Fairbanks – Monday, Dec. 5 – to listen to arguments about Chitina dipnetting. Meanwhile in Valdez the Board of Fisheries is deciding whether dipnet use should be "equal" to commercial and subsistence use. The high Court and the fish board are tackling the same issue at the same time.

At issue is whether Alaska’s constitutional protection of "common use" of fish and game has been corrupted by the fish board.

Should dipnetters continue to have less "preference" to the fish than commercial fishermen, who aren't even necessarily Alaskan residents? Why should dipnetters get to keep only 1 king salmon and commercial and fishwheel users get to keep boats full? Could it possibly happen because fish board members are commercial fishermen? If a greater shortage of red salmon occurs, which use will the fish board restrict the most?

Why is some dipnetting called "personal use" and other dipnetting called "subsistence use" – both under State law? What's the big difference between personal use and subsistence use? Legally speaking, a lot. Practically speaking, nothing. We all work to get our fish with dipnet, fish wheel or set net; then we eat them.

A mushy 1980’s law called "the 8 criteria" comes into play. Mushy because no one could ever make an objective decision about what those 8 criteria mean ... so the fish board can just manipulate the law however they like. Alaska’s Constitution does not allow a "rural" preference; no state agency should be providing a rural preference ... but the fish board is doing it. Commercial users don’t want more high priority subsistence users competing for "their" fish.

The Chitina Dipnetters Association (CDA) started the immense job of challenging the state’s fish board, Ahtna and the influence of the commercial fishing industry in this legal argument. It is time and financially consuming. The dipnetters are getting help from the Alaska Fish & Wildlife Conservation Fund. Your (tax deductible) financial help would be appreciated. Your $20 membership in CDA will help. Call 456-4447 and leave a message. Someone will call you back. Or check in to the website, www.chitinadipnetters.com.

Mary Bishop

Donations (NOT tax deductable) can be made to the CDA on our donations page.