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Les Palmer on Subsistence

Part 1 - A Recipe for Conflict

Part 2 - What "Subsistence" Means

Part 3 - Fish Fight in the Offing

Part 4 - Forces Prepare for Fight

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Subsistence: Fish Fight in the Offing

Part 3 of a 4 part series

by Les Palmer

(Editor's note: This is the third of a series of four columns on the controversial subject of subsistence fishing on the Kenai Peninsula.)

Sign beside the Sterling Highway: "Welcome to Ninilchik, the heart of recreation."

I like knowing that subsistence, which is mainly about food, has a preference over other uses in remote parts of Alaska. That said, the idea that the residents of Ninilchik, Hope and Cooper Landing have been given a federal subsistence priority for fishing on the Kenai River makes my blood boil.

It makes absolutely no sense to establish divisive subsistence fisheries in growing, road-connected areas. And to add another user group to the conflict-ridden circus that is today's Kenai River is just ludicrous. Is it any wonder U.S. citizens have lost confidence in their government?

The feds' narrow view doesn't consider rapid population growth. From 1970 to 2000, the population of the Kenai Peninsula jumped from 16,000 to almost 50,000. Cooper Landing grew ten-fold, from 31 to 369. During the same period, the population of Hope tripled, from 51 to 137. Ninilchik's population expanded by almost six times, from 134 to 772. Even if these communities qualify as "rural" now, the designation won't remain sustainable for long.

Does Ninilchik need more fish, as a few of its residents claim?

Ninilchik, about 40 miles south of Soldotna, is best characterized as a "fishing town." Deep Creek Custom Packing is its largest employer. Forty-nine of its residents hold commercial fishing permits. A greater number are saltwater sport-fishing guides, who make a living taking anglers out on Cook Inlet to fish for salmon and halibut. Because they live in a federally designated "rural" area, Ninilchik residents have a subsistence priority for halibut. The Ninilchik Tribal Council has an educational permit to fish a set net off the beach in front of Ninilchik. Ninilchik residents can fish in nearby Deep Creek, the Ninilchik River and Cook Inlet. They are as close to Homer as they are to Soldotna. Their access to prime fishing water is better than anywhere in Alaska. And yet some of them want more.

Subsistence fishing on the modern-day Kenai River is a gross departure from common sense.

No matter how inconsequential it might seem in the beginning, it would expand, as all fisheries do, and eventually lead to restrictions on other users, which include sport, commercial and personal-use fishermen. How could the Federal Subsistence Board find that Ninilchik had customary and traditional use for the Kenai River?

Not without a major stretch of the definition. Subsistence, to make sense, must be done by efficient means. One of the eight federal criteria for "customary and traditional use" is "A pattern of use consisting of methods and means of harvest which are characterized by efficiency and economy of effort and cost, conditioned by local characteristics." Another criterion is "The consistent harvest and use of fish or wildlife as related to past methods and means of taking; near, or reasonably accessible from the community or area." Ninilchik residents would have a hard time keeping a straight face while claiming that an hour-and-a-half drive through Clam Gulch, the Cohoe Loop area, Kasilof, Soldotna and Sterling to their Kenai River subsistence fishery is "characterized by efficiency and economy of effort and cost."

It makes no sense for people from Ninilchik to have a special right to catch salmon, rainbow trout and other species in the Kenai River, as some of them have proposed. By determining that they have customary and traditional use of these fish, the feds have erred spectacularly.

How soon might subsistence fishing on the Kenai River occur?

The next step in this convoluted process is a meeting of "stakeholders" in the Kenai-Soldotna area, probably during the week of Jan. 29, 2007, according to the Office of Subsistence Management. Following that, the federal subsistence advisory council for Southcentral will meet Mar. 13 - 16, at which time council members — who overwhelmingly support the idea of subsistence fishing in the Kenai and Kasilof rivers — will create and vote on recommendations for proposals to the Federal Subsistence Board. At its May 2007 meeting, the federal board will decide whether, what, where, when and how subsistence fisheries will occur on the Kenai River and other Kenai Peninsula lands and waters under federal jurisdiction. Subsistence fishing on the Kenai and Kasilof rivers by people from Hope, Ninilchik and Cooper Landing could start as early as June of this year.

Truly, this is a sad state of affairs. A handful of people from Ninilchik who have no consideration for other Kenai Peninsula residents have been empowered by a poorly crafted federal law. Led by a determined lawyer and encouraged by a pro-subsistence advisory council, they are intent upon shoving this law down our throats.

For Web surfer-friendly answers to questions about subsistence:
www.subsistmgtinfo.org/index.htm

 

Les Palmer lives in Sterling, a federally designated "non-rural" community.

Part 4 - Forces Prepare for Fight

 


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