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Passamaquoddy fisheries official charged with fraud while helping Unkechaug Indian Nation implement an eel management plan.

New York State Charges Passamaquoddy Fisheries Official With Elvers Poaching

Gale Courey Toensing
5/1/14

The Passamaquoddy Tribe’s battle with the State of Maine over Native fishing rights became an interstate issue recently when New York State authorities lodged multiple felony poaching charges against a Passamaquoddy fisheries official who is helping the Unkechaug Indian Nation implement its eel management plan.

But according to Fred Moore III, the Passamaquoddy Tribe’s Fisheries Committee Coordinator who was charged, the fight for Native fishing rights is soon to become a bigger issue than the battles in Maine and New York.

Moore, his two sons and five other Native men, including citizens of the Unkechaug, Shinnecock, Mohawk and Anishinaabe nations, were charged with possession of American eels in excess of the New York State limit; possession of undersized American eels, and not having a state-issued food fish permit. All three charges are considered felonies because the value of the eels in the group’s possession was more than $1,500. They were also given misdemeanor charges of conspiracy to commit a crime and using an eel trap with a mesh size smaller than the minimum limit allowed, according to Lisa King, spokesperson for the New York Department of Environmental Conservation (DEC), in an e-mail response to an ICTMN request for comment.

King said the eight men “surrendered themselves” to DEC officers on April 8. She did not respond to questions seeking the state’s position on tribal sovereignty and aboriginal fishing rights. The men are scheduled for arraignment on June 25.

The Passamaquoddy Tribe has been locked in battle with the State of Maine for the past two years over the tribe’s treaty and aboriginal right to fish for elvers, tiny baby American eels also known as glass eels. Citing concerns about the dwindling number of American eels available, the state wants to limit the number of permits the tribe issues. The tribe says every member has an inherent right to fish, but its conservation plan limits the total amount of elvers the tribe can harvest. Ironically, until this year the state limited the number of permits it issued but allowed an unlimited harvest of baby eels. This year under threat from the Atlantic States Marine Fisheries Commission (ASMFC) to shut down the fishery, the state has caught up to the Passamaquoddy’s traditional conservation knowledge and reduced and limited the total allowable catch.

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Moore, who is working at Unkechaug under tribal authority, told ICTMN that the matter of Native fishing rights is soon to become a central issue for eastern coastal nations. The Penobscot Nation is already embroiled in a federal lawsuit against the State of Maine over hunting and fishing rights. The lawsuit is supported by the Interior Department, which has entered the case as both intervener and plaintiff, and the Passamaquoddy Tribe is thinking about intervening, Moore said. In an interview with ICTMN, Passamaquoddy Chief Clayton Cleaves at the tribe’s Sipayik community, said the council will also consider a separate legal action.

RELATED: Feds Join Penobscot Suit Against State of Maine on Fishing Rights

“What we’re doing here is providing Unkechaug with technical assistance in implementing their eel management plan,” Moore said. “But we’re also here to assist other tribes in formulating a position for a class action suit against the Atlantic States Marine Fisheries Commission. The ASMFC has an American eel management plan that deals purely with member states and only references Native Americans. We don’t want equal status [with states]—want to be exempt from inadequate management mechanisms which cater to the economic interests of competing jurisdictions. We can’t have any part of it because they‘re completely inconsistent with indigenous culture.”

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