Tanana Chiefs Conference Hunting , Fishing, and Gathering Task Force in Alaska

DEVIN KELLY I DENI LOPEZ I TYLER RIVERA Tanana Chiefs Conference Hunting, Fishing, and Gathering Task Force in Alaska FINAL REPORT:

CONTENTS EXECUTIVE SUMMARY 1 MEET THE TEAM 2 INTRODUCTION 3 Alaska Native Subsistence Traditions 3 History of Subsistence Management in Alaska 5 Subsistence Management Today 7 PROBLEM 11 Alaska Native Voice in Subsistence Management Decisions 11 Interlocking Pressures 12 Regulations 12 Climate Adaptation 14 Non Subsistence Hunting 15 PROPOSED SOLUTION: IASKH PLATFORM 17 Overview of Features 17 Models/Precedents 20 Data Needs 20 USE CASES 21 Subsistence Consultation 21 Public Meetings and Hearings 22 Legal Action 22 NEXT STEPS 22 Governance and Ownership 22 Capacity and Design 23 Funding and Partnerships 23

• Local data. Tribal members can upload their stories and observations onto the platform.

EXECUTIVE SUMMARY The Problem From moose hunting to berry gathering to salmon fishing, traditional subsistence lifeways are an essential component of Alaska Native identities, history, values, and cultures in the Interior. But this sacred way of life is under threat. Dual state and federal processes that shape subsistence regulations in Alaska systematically fail to ensure Alaska Native voices, values, and ways of knowing/being are reflected in regulatory decisions that disproportionately impact them. As a result, subsistence regulations enacted at the state and federal level threaten Alaska Native food security, economic stability, cultural integrity, and spiritual well being.

• Passcode protection. To protect sensitive and sacred subsistence information, access restricted to verified Alaska Native users. Use Cases Harnessing Alaska Native stories and observations will dramatically advance the credibility and impact of Native views presented during tribal consultations and public involvement processes that affect Alaska Native subsistence lifeways. For example, IASKH will enhance dialogue around regulatory change by equipping Alaska Natives with a tool to appropriately document traditional subsistence practices as seen through the eyes of Native peoples. It could also support legal action by Alaska Natives. IASKH is further intended to support grassroots advocacy and local coordination around these issues.

Next Steps & Partnership Goals Much work remains to bring IASKH to fruition. Chief among these are determining governance, staffing, and both short term and long term financing. Partnerships at the university level present a key opportunity to propel the project forward. In the longer term, we encourage for the platform to be deployed in K 12 contexts as a mode of youth cultural engagement and empowerment

• Customization. Users will be able to toggle the individual data layers on and off to customize their map view while exploring the local observations and stories.

• Digital archiving. Uploaded stories and observations will be added to a digital archive. After agreeing to ethical and appropriate use guidelines, users will be able to browse and download the archive.

• Interactive mapping. User uploaded observations will be added to an interactive, web based map featuring additional data layers to contextualize and enrich stories.

Proposed Solution: Interior Alaska Subsistence Knowledge Hub (IASKH) IASKH an interactive, web based knowledge platform that will serve as a forum and repository for local stories and observations of subsistence impacts. By collecting local subsistence stories and observations, IASKH will provide an Indigenous lens on the changing subsistence conditions and impacts faced by Interior Alaska Natives. Features of the platform include:

• Accessibility. Stories can be shared in Native languages and include recordings, photos, etc.

Dení López PhD Student in Urban Studies and Planning Tlahuica Cuernavaca,TerritoryMexico

FINAL REPORT 2 MEET THE TEAM

1 We

Athabascan Territory Fairbanks, AK, USA

Tyler Rivera Master of City Planning Candidate, 2022 Wampanoag Territory Boston, MA, USA

Eva Dawn Burk MIT SOLVE Fellow1

Devin Kelly Master of City Planning Candidate, 2021 Wampanoag Territory Boston, MA, USA would also like to acknowledge the help received from Brooke Wright, Bruce Ervin, Benjamin Stevens, Chris Waigl, and Krista Heeringa.

4

FINAL REPORT 3

the Interior include moose, salmon, geese, grouse, ptarmigan, beaver, wild berries, greens, and other plants and animals. The majority of Interior Alaska Natives are far removed from grocery stores and lack viable alternatives to fish, game, and other natural products harvested locally. And when stores are available, exorbitant prices on largely imported products makes purchasing groceries an impractical option. Thus, locally harvested foods are the cornerstone of food security in the Interior.

Alaska Native Subsistence Traditions

2 "Alaska Population Estimates." Alaska Department Of Labor And Workforce Development, https://live.laborstats.alaska.gov/pop/2021.

3 "Interior Alaska Service Area Profile." Indian Health Service, isplay_objects/dochttps://www.ihs.gov/sites/alaska/themes/responsive2017/d2006.uments/hf/Interior.pdf.

Crucially, subsistence is fundamental to the passing of traditional knowledge, the inculcation of native ethics and values, and the protection of native cultural identities. Through participation in traditional subsistence activities, Alaska Natives pass down deeply embedded values of self sufficiency, stewardship, respect, reciprocity, sharing, interdependence, and connection to the land from generation to generation. The intergenerational acts of harvesting, processing, and sharing traditional foods keep subsistence ways of living vibrant.

INTRODUCTION

For millennia, the original peoples of the lands and waters now known as Alaska have engaged in practices of harvesting natural resources for food, clothing, shelter, transportation, handicrafts, and trade. Customary traditions range from the hunting of bowhead whales by Iñupiat communities on the Arctic Slope, to the annual harvest of salmon by the Athabascan cultures of the Yukon, to the gathering of beach asparagus and wormwood by Alutiiq people on the Alaska Peninsula. Collectively, these time honored activities constitute a “subsistence” way of living and relating to the world that has sustained Alaska Natives for millennia. In spite of centuries of settler invasion and colonization, tens of thousands of Alaska Natives today continue to steward their ancestral subsistence traditions by harvesting, processing, sharing, and consuming millions of pounds of game, fish, plants, and other natural products each year. The Alaska Native cultures of the Interior region of Alaska maintain a flourishing connection to the subsistence way of life. The Interior covers nearly 235,000 square miles and contains about 37% of Alaska’s total land area. An estimated 110,000 people live in the Interior, of which approximately 11% identify as Alaska Native.2 In rural areas of the region, Alaska Natives make up about 73% of the population.3 For Alaska Natives in the Interior, and those in rural Native villages in particular, living off the land remains a thriving aspect of everyday life. Tribal members have traditionally hunted, fished, and gathered foods and other natural products from the lands and waters of the Interior region for thousands of years. Subsistence resources in

Traditional ecological knowledge (TEK) refers to the evolving body of knowledge acquired by Alaska Natives over thousands of years of living

4 Alaska Department of Fish and Game, Division of Subsistence. Alaska Native Funerary Ceremonies And Hunting Regulations, 001.pdfhttp://www.adfg.alaska.gov/sp2010.ecialpubs/SP2_SP2010

Long standing subsistence customs encompass not only harvesting and eating foods, but also gathering, processing, preparing, and sharing foods among tribal communities; subsistence contributes to both physical and cultural nourishment Subsistence traditions play a key role in the organization of social relations and extended kinship networks, as well as in the maintenance of social customs like celebrations and ceremonies. For example, the ceremonial hunting of moose and other big game for funeral potlatches is a central feature of Athabascan cultures in the Interior region.

6 U.S. Congress, Senate, Committee on Indian Affairs. Alaska Native Subsistence and Fishing Rights: Hearing Before the Committee on Indian Affair of the United States Senate. 107th Cong., 2nd sess., 2002. 107shrg79754/html/CHRGhttps://www.govinfo.gov/content/pkg/CHRG107shrg79754.htm.

Natives.5 In testimony before the U.S. Senate Committee on Indian Affairs, former President of the Association of Village Council Presidents Arthur Lake captured the foundational importance of subsistence to Alaska Native peoples: “Our hunting and gathering practices are not easy. We battle the Arctic elements and sometimes risk our lives to feed our families to find the wild foods we crave. Our surviving subsistence way of life is one of the last great vestiges in our self preservation and sustaining society… It is our duty and our obligation to save it and preserve our culture, our way of life.”

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Figure 1. Harvesting food from local lands and waters is a more affordable option for rural tribal members compared to purchasing expensive, imported food items. Source: Unknown

5 Thornton, Thomas F. "Subsistence in Northern Communities: Lessons from Alaska.” The Northern Review, no. 23 (2001): 82 01https://www.eci.ox.ac.uk/publications/downloads/thornton102.subsistence.pdf.

FINAL REPORT 4 with and caring for the lands and waters. It includes place specific knowledge about harvest techniques, preparation methods, hunting trails and harvesting locations, the timing of seasonal subsistence cycles, wildlife migration patterns, river currents, snow and ice levels, and more. TEK is rooted in spending time on the land and is passed down through instructions from elders in oral traditions such as family stories, tribal histories, and spiritual legends. By practicing and honoring the customs of their ancestors, Alaska Natives have been able to sustain their cultures in the midst of seismic ecological, economic, political, and societal transformations. Hunting, fishing, and gathering traditional foods yields far more than nutritional sustenance subsistence provides for the spiritual, cultural, social, and emotional well being of Alaska

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7 “About ANCSA.” ANCSA Regional Association, 2021. https://ancsaregional.com/about ancsa/ 8 "Our Lands." Doyon, Limited, 2021. https://www.doyon.com/our corporation/our lands/alatna/ 9 "Our History." Tanana Chiefs Conference, https://www.tananachiefs.org/about/our2021.history/.

History of Subsistence Management in Alaska Since achieving statehood in 1959, Alaska’s legal framework for subsistence has been shaped by developments occurring at both the state and federal level, beginning with the passage of the Alaska Native Claims Settlement Act (ANCSA) in 1971. ANCSA is one of the single largest claims settlements ever reached between the U.S. government and Indigenous Americans. Catalyzed in part by pressure placed on the federal government to address Alaska Native land claims following the discovery of the Prudhoe Bay Oil Field along Alaska’s North Slope, the 1971 Act formally extinguished all Alaska Native claims to ancestral lands and natural resources by allocating 44 million acres of land (approximately one ninth of the state's land) and $963 million in compensation to 12 regional for profit Alaska Native corporations and over 200 Native village corporations established under the Act.7 Doyon, Limited was incorporated in June 1972 as the land owning corporation serving the Native peoples of the Interior region. The Native shareholders of Doyon received 12.5 million acres of the Alaskan Interior, making Doyon the largest private landowner in the state and one of the largest in the nation.8 At the time, the Tanana Chiefs Conference (TCC) had already formed a decade prior in June 1962 in response to the threat to Alaska Native land interests in the Interior region from federal encroachment.9 With Doyon established to hold title to the ANCSA lands and to receive and manage the settlement money, TCC became Doyon’s nonprofit counterpart and pivoted to administering social, education, and health services for Alaska Native people in the Interior region. TCC continues to serve the 42 Interior Alaska Native communities, 37 federally recognized tribes, and more than 10,000 Alaska Natives spread across the 235,000 square mile Interior region.

In addition to extinguishing Native claims to ancestral lands, ANCSA also abrogated all hunting and fishing rights held by Alaska Natives. Up until this point, despite lacking formal subsistence rights or protections under state or federal laws, many Alaska Native communities continued to live off the land much as their ancestors had for generations the extinguishing of native resource claims under ANCSA alone did little to change this. But as Alaska’s oil boom accelerated development in the 1970s, an influx of new transplants to the state placed increased pressure on Alaska’s fish and game. Recognizing the threat to subsistence resources from the growing number of commercial and sport users, the Alaska State Legislature passed a 1978 law establishing a priority for subsistence over all other fish and wildlife uses. The law defined subsistence as “the customary and traditional uses in Alaska of wild, renewable resources,” providing that in periods of scarcity "subsistence use shall be the priority use”.10 Importantly, the law failed to define “subsistence users,” drawing no distinction between rural and urban or native and non native Theusers.federal government stepped in to further enhance subsistence rights just two years later when Congress passed the Alaska National Interest Lands Conservation Act (ANILCA) in 1980. ANILCA is best known for setting aside nearly 160 million acres of public lands in Alaska for national parks, forests, monuments, and wildlife refuges. A lesser known function of the Act was to establish a subsistence priority for rural Alaskans, both Native and non Native, over other consumptive uses. When fish and game populations were insufficient to sustain all uses, sport and commercial uses would be restricted under ANILCA Title VIII while subsistence hunters and fishers received priority. ANILCA provided for State management of subsistence activities on all Alaska lands contingent on the State enacting a subsistence priority law that 10 National Park Service. Alaska Subsistence: A National Park Service Management History, Chapter 4: The Alaska Lands Question, 1971 1980, 4.htmhttp://npshistory.com/publications/alaska/subsistence/chap2003.

14 McDowell vs. the State of Alaska, 785 P.2d 1 (1989)

12 Madison v. Alaska Department of Fish and Game, 696 P.2d 168 (1985)

FINAL REPORT 6 would align with ANILCA within one year of the Act’s passage. The Alaska Department of Fish and Game (ADF&G) adopted a subsistence priority for rural users in 1981 per the ANILCA stipulation, and the State’s subsistence program was certified by the Interior Secretary in 1982.11

The preference for rural subsistence established by ANILCA and upheld by the ADF&G policy spawned an immediate backlash and series of legal challenges from non native urban sport hunters and fishermen. In a 1985 Alaska Supreme Court case, the court overturned ADF&G’s rural subsistence preference on the grounds that the preference was not consistent with the Alaska Legislature's 1978 subsistence law.12 In order to keep the state’s subsistence management program in compliance with Title VIII of ANILCA and avoid a federal takeover of fish and wildlife management on public lands, the Alaska Legislature amended its subsistence statute in 1986 to embed the rural priority in law.13 Shortly after, Sam E. McDowell, an Anchorage businessman and sport hunting advocate, filed a case against the 1986 law and its rural preference provision arguing that it unfairly discriminated against urban residents and violated the common use clause of the State’s constitution. In its 1989 McDowell v. State ruling, the Alaska Supreme Court sided with McDowell and found the state's rural subsistence priority unconstitutional.14

Alaska National Interest Lands Conservation Act (ANILCA) Title VIII § 803 6.htmhttp://npshistory.com/publications/alaska/subsistence/chap

15 "Subsistence In Alaska Overview: Definition, Responsibilities And Management." Alaska Department Of Fish And Game, nitionhttp://www.adfg.alaska.gov/index.cfm?adfg=subsistence.defi2021.

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Figure 2. “As used in this Act, the term "subsistence uses" means the customary and traditional uses by rural Alaska residents of wild renewable resources…”

13 National Park Service. Alaska Subsistence: A National Park Service Management History, Chapter 6: Managing Alaska's Subsistence Program, 1985 1989, 2003. management system became permanent in 1992 when the federal government adopted final subsistence management regulations for federal public lands and continues to operate to this day.

The McDowell decision once again threw the state out of compliance with the ANILCA, and in July 1990 federal authorities assumed jurisdiction over subsistence fish and game management on federal public lands excluding navigable waters. Thus began Alaska’s experiment in dual subsistence management, with the federal government regulating subsistence on federal lands (60% of the state) and the state retaining authority over state (30%) and private (10%) lands. Alaska’s dual 11 National Park Service. Alaska Subsistence: A National Park Service Management History, Chapter 5: Initial Subsistence Management Efforts, 5.htmhttp://npshistory.com/publications/alaska/subsistence/chap2003.

The Federal Subsistence Board may also conduct tribal government to government consultations with impacted tribes and ANCSA corporations.21 The Board’s policy is to engage in government to government consultation with federally recognized

19 U.S. Fish and Wildlife Service, Office of Subsistence Management. Overview Of The Federal Subsistence Management Program bsistence_management_program_june2017_0.pdfhttps://www.doi.gov/sites/doi.gov/files/uploads/federal_su,2017.

FINAL REPORT 7 Subsistence Management Today

17 Lord, Kenneth. Title VIII Of The Alaska National Interest Lands Conservation Act: An Overview Of The Statute That Created The Federal Subsistence Management Program. U.S. Department of the Interior, Office of the Regional Solicitor, VIIhttps://www.doi.gov/sites/doi.gov/files/uploads/Title%202021.I%20overview%20%20presentation%202016.pdf

18 Ibid.

experience. The Interior region served by Doyon and the Tanana Chiefs Conference is roughly contiguous with the areas covered by the Eastern Interior Alaska and Western Interior Alaska RACs. RACs have the authority to: review and develop regulatory proposals; hold public meetings and encourage local participation; submit an annual report to the Board; and make policy recommendations to the Board. The Office of Subsistence Management (OSM), a branch of USFWS, provides administrative support and technical expertise to the Board and RACs.

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16 Under Title VIII of ANILCA, section 803 defines subsistence as “the customary and traditional uses by rural Alaska residents of wild renewable resources for direct personal or family consumption.17 Section 804 specifies that “the taking on public lands of fish and wildlife for non wasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes”.18 Federal subsistence regulations apply only to federally qualified subsistence users (i.e. full time residents of rural areas) harvesting federally administered species on federal public lands. “Customary and Traditional Use Determinations” may further restrict the harvest of specific species to residents of particular rural communities.

The Federal Subsistence Board is the decision making body that oversees the FSMP. It issues final decisions on regulatory proposals affecting the harvest of fish and wildlife on federal public lands in Alaska. The Board is made up of the regional directors of the U.S. Fish and Wildlife Service (USFWS), National Park Service (NPS), Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA), and USDA Forest Service (USFS). Since 2012, the Secretaries of the Interior and Agriculture also appoint three public members (one of whom serves as Board Chair).

The FSMP divides Alaska into 10 subsistence resource regions, each of which is represented by a Regional Advisory Council (RAC) composed of residents with local subsistence knowledge and 16 U.S. Fish and Wildlife Service, Office of Subsistence Management. Overview Of The Federal Subsistence Management Program bsistence_management_program_june2017_0.pdfhttps://www,2017..doi.gov/sites/doi.gov/files/uploads/federal_su

The FSMP rule making process operates on an annual cycle and begins when a call for proposals is issued by the Federal Subsistence Board.20 The proposal submission window for changes to wildlife regulations opens in January of odd numbered, and in January of even numbered years for changes to fishing regulations. RACs hold public meetings to develop proposals for their region, though individuals or groups may also submit proposals. Proposed changes to federal subsistence regulations might include season dates, harvest limits, methods and means of harvest, and customary and traditional use determinations. After the call for proposals is closed in March, OSM staff review and validate proposals to ensure they fall within the authority of the Board. Valid proposals are then made available to the public for written comment and oral testimony, and are also analyzed by senior staff from USFWS, NPS, BLM, BIA, and USFS, with input from state authorities

20 "Federal Subsistence Management Program Regulatory Process." U.S. Department Of The Interior, Office Of Subsistence Management, 2021. https://www.doi.gov/subsistence/process 21 "Federal Subsistence Tribal Consultation." U.S. Department Of The Interior, Office Of Subsistence Management, 2021. https://www.doi.gov/subsistence/tribal

Within Alaska’s dual management regime, the Federal Subsistence Management Program (FSMP) manages the subsistence activities of rural Alaskan residents, both Native and non Native, on 230 million acres of federal public lands and waters.

26 Given the 1989 McDowell v. State decision, subsistence users as specified by the Alaska Department of Fish and Game (ADF&G) encompass all Alaska residents with 12 consecutive months of residency, including both Alaska Natives and non Natives and both rural and urban residents 27 Decision making authority within Alaska’s fisheries and game regulatory process is split between the Board of Fisheries and the Board of Game, with support from ADF&G. The Boards have the authority to adopt regulations governing the use and allocation of fish and wildlife resources on state and private lands in Alaska. The Boards also issue specific allocation levels for fish stocks and game populations required to satisfy subsistence and customary and traditional uses. Each Board is composed of seven members appointed by the governor and confirmed by the legislature to three year terms. No seats on either Board are reserved for subsistence users or Alaska Natives. The Joint Board of Fisheries and Game has authorized the formation of 84 community based Advisory Committees throughout Alaska for “the purpose of providing a local forum for policy_on_consultation_ancsa_1https://www.doi.gov/sites/doi.gov/files/uploads/adopted_2315.pdf

22 U.S. Department of the Interior, Federal Subsistence Board. Federal Subsistence Board Government To Government Tribal Consultation Policy, tribal_consultation_policy_20https://www.doi.gov/sites/doi.gov/files/uploads/final_fsb_2012.12.pdf.

27 "Alaska Subsistence Frequently Asked Questions." Alaska Department Of Fish And Game, shttp://www.adfg.alaska.gov/index.cfm?adfg=subsistence.faq2021.

22 Consultation meetings are typically closed to the public and only elected or appointed Tribal leaders may participate in consultations with Board members and appropriate federal agency staff.

FINAL REPORT 8 tribes in instances where “regulations, rulemaking, policy, guidance, legislative proposal, grant funding formula changes, or operational activity may have a substantial effect on an Indian Tribe in Alaska.”

23 U.S. Department of the Interior, Federal Subsistence Board. Implementation Guidelines for the Federal Subsistence Board Government To Government Tribal Consultation Policy, 04.pdfconsultationhttps://www.doi.gov/sites/doi.gov/files/uploads/tribal2020.implementationguidelinesrevised202008

24 The Federal Subsistence Board, tribal governments, and ANCSA corporations may initiate consultation proceedings at any time. Consultation results are shared with the relevant RACs to inform their recommendations, and tribal communities are also encouraged by the Board to attend RAC meetings to discuss proposals and influence RAC RACsrecommendations.meetfromAugust

November to review federal/state agency, public, tribal, and/or ANCSA corporation feedback on proposals for their region and develop recommendations to the Board. Using RAC recommendations, OSM analyses, and federal/state agency, public, tribal, and ANCSA corporation comments, The Board convenes in January for fisheries proposals and April for wildlife proposals to issue final decisions on proposed changes to federal subsistence regulations. By statute, the Board must defer to RAC recommendations on regulatory proposals unless they: a) are not supported by substantial evidence; b) violate recognized principles of fish and wildlife conservation; or c) would be detrimental to the satisfaction of subsistence

25 "Federal Subsistence Management Program Regulatory Process." U.S. Department Of The Interior, Office Of Subsistence Management, 2021. https://www.doi.gov/subsistence/process 26 "Alaska Statutes Title 16. Fish And Game § 16.05.940." www.findlaw.com, 2021. https://codes.findlaw.com/ak/title 16 fish and game/ak st sect 16 05 940.html

24 U.S. Department of the Interior, Federal Subsistence Board. Federal Subsistence Board Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations, 2015. needs.25 Approved proposals are published in the Code of Federal Regulations and a booklet containing the new regulations is distributed to the Onpublic.non federal public and private lands, including ANCSA corporation land and Native allotments, the State of Alaska retains jurisdiction over subsistence regulations. Alaska Statute 16.05.940[32] defines subsistence as “the noncommercial, customary and traditional uses of wild, renewable resources… for direct personal or family consumption.”

23 The Board also maintains a separate but related policy on consultation with ANCSA corporations “when those corporate lands, water areas, or their resources may be affected by regulations enacted by the Board.”

The BOF holds between 4 6 regulatory meetings each year and the BOG holds 2 regulatory meetings each year. Board meetings are open to the public and are generally held in the region which proposals under consideration pertain to. During Board meetings, the Boards hear oral testimonies from the public and reports from ADF&G staff. Final decisions on regulatory changes are issued by the Boards and proposals which carry a majority vote are given legal review by the Department of Law and sent to the Lieutenant Governor for filing before taking effect. Approved regulations are published formshttps://www.adfg.alaska.gov/index.cfm?adfg=fisheriesboard.

31 Alaska Department of Fish and Game, Alaska Boards of Fisheries and Game Policy on Government to Government Relations With the Federally Recognized Tribes of Alaska, gameboard/pdfs/findings/02136bog.pdfhttps://www.adfg.alaska.gov/static/regulations/regprocess/2002.

32 Consultation meetings are held between ADF&G staff, Board members, and tribal leaders with decision making authority. Any ADF&G staff member or Board member with decision making authority over a proposed action, as well as any tribal government representative, may initiate consultation proceedings at any time.

29 "Board of Game Forms." Alaska Department Of Fish And Game, ms#proposalhttps://www.adfg.alaska.gov/index.cfm?adfg=gameboard.for2021.process 30 "Board of Fisheries Forms." Alaska Department Of Fish And Game, 2021. Committees, and ADF&G staff are invited to review and provide written comments on regulatory proposals during this period. Written comments are accepted by the BOF and BOG until two weeks prior to the Board meeting during which the topic will be considered. After this deadline has passed, written comments with stricter page limits are welcomed until the deliberation of proposals at a Board meeting

2930 The timing of the BOF and BOG proposal processes differs, but each begins when a call for proposals is issued by the Boards. The call for proposals details region specific topics under consideration for change and the deadline for submissions. The Boards may also consider proposals for other topics (including other regions) that are not part of the current cycle if an Agenda Change Request is submitted. Proposals may be submitted to the BOF and BOG by local Advisory Committees, ADF&G staff, and the public. Advisory Committees typically hold public meetings while the call for proposals is open in order to discuss local wildlife and fisheries issues and develop regulatory proposals for submission. After the submission period is closed, a proposal book is published by the ADF&G Boards Support Section and distributed statewide for comment. Members of the public, local Advisory 28 "Advisory Committees by Region." Alaska Department Of Fish And Game, onhttps://www.adfg.alaska.gov/index.cfm?adfg=process.acregi2021.

FINAL REPORT 9 the collection and expression of opinions and recommendations on matters related to the management of fish and wildlife resources.”28 Each Advisory Committee is composed of up to 15 elected members with local fish and wildlife expertise. Advisory Committees are grouped by geographic area into six regions, with each region staffed by a Regional Coordinator. The service area of Doyon and the Tanana Chiefs Conference is roughly contiguous with the Interior Region, which includes 16 Advisory Committees. The Boards Support Section within ADF&G provides administrative support and technical expertise to the Boards of Fisheries and Game and local Advisory Committees. ADF&G is charged with implementing regulatory changes and managing Alaska’s state fisheries, game units, and other wildlife areas. The state rule making processes for fisheries and game regulations operate on staggered three year cycles, with proposed changes to regulations considered for each region once every three years.

Thebegins.Alaska Department of Fish and Game and the Boards of Fisheries and Game maintain a policy of government to government relations with federally recognized tribes on “matters of mutual concern.”31 ADF&G policy holds that agency staff and the Boards are to engage in government to government consultation with federally recognized tribes regarding “potential regulatory actions that may have an effect on the tribe's access to or use of fish, wildlife, or habitat.”

32 Ibid.

actors produced 98% while subsistence fisheries and hunts accounted for just 1%.34 duced.pdfe_management_program_brochure_2016_weblayout_508_re

FINAL REPORT 10 annually in the hunting, trapping, and fishing regulations booklets produced and distributed by UnderADF&G.Alaska’s dual federal state subsistence management governance model, about 44 million pounds of wild foods, about half of which is salmon and other fish, are harvested for subsistence uses each year. This amounts to an average of 375 pounds per subsistence user.33 No doubt central to the lives of Alaska Natives and many non native subsistence users, these figures nonetheless pale in comparison to the commercial harvest of fish and wildlife in Alaska. For instance, of the estimated 3.3 billion pounds of fish and wildlife harvested in Alaska in 2012, commercial 33 U.S. Department Of The Interior, Office Of Subsistence Management. The Federal Subsistence Management Program: An Overview, https://www.doi.gov/sites/doi.gov/files/uploads/subsistenc2016.

34 Fall, James A. "Regional Patterns Of Fish And Wildlife Harvests In Contemporary Alaska." ARCTIC 69, no. 1 (2016): 47 64. https://www.jstor.org/stable/43871398.

Figure 3. This map depicts land ownership in Alaska, and the outlined area is the Interior Region served by TCC. Federally managed lands make up about 60% of Alaska, and state managed lands make up the remaining 40% of the state. You can easily imagine passing back and forth from tribally owned lands, to state public lands, to federal public lands in the course of a moose hunt for example. Source: Alaska Department of Natural Resources, Division of Forestry.

37 “Fall 2021 Regional Advisory Council Meeting Calendar.” U.S. Department Of The Interior, Office Of Subsistence Management, Interior and Eastern Interior Regional Advisory Council will hold their fall 2021 meetings in Fairbanks.37 Also, draft materials made available for review are lengthy and in technical English, which is a second language for many Alaska Natives and at odds with the oral nature of traditional knowledge. As Mike Turner, former Chairman of the Alaska Inter Tribal Council, shared during a hearing before the U.S. Senate Committee on Indian Affairs: “The great majority of our people have never left Alaska […] and for them, a legal brief is an alien document. Policies and written laws and regulations are likewise foreign concepts. Their idea of a law is what they were taught by parents or elders as they set out to learn how to support themselves from the land”

According to our client partners, when Interior Alaska Natives are invited to participate in state and federal regulatory processes that impact them disproportionately, it is largely on culturally insensitive terms. Public hearings and consultation meetings are commonly held in Fairbanks instead of rural villages, making it difficult for many Native community members to raise their concerns in person. For example, despite covering an area nearly the size of Texas, the Western

35 The Alaska Department of Fish and Game similarly celebrates how its framework for formulating fish and wildlife regulations is “an outstanding example of an open public process”36 In practice, however, these processes are not carried out or implemented in a way that allows Alaska Native tribal members to feel heard, acknowledged, or substantively part of the decision making process. Alaska Native Voice in Subsistence Management Decisions

Thus, state and federal agencies’ ability to protect proprietary tribal information disclosed during consultations is limited, hindering the possibility 2021. https://www.doi.gov/sites/doi.gov/files/fall 2021 meeting calendar 508.pdf 38 U.S. Congress, Senate, Committee on Indian Affairs. Alaska Native Subsistence and Fishing Rights: Hearing Before the Committee on Indian Affair of the United States Senate. 107th Cong., 2nd sess., 107shrg79754/html/CHRGhttps://www.govinfo.gov/content/pkg/CHRG2002.107shrg79754.htm

PROBLEM Within Alaska’s dual governance system, the federal government prides itself on the opportunities it provides for members of the public to shape regulatory decisions. According to a brochure on the Federal Subsistence Management Program published by the Office of Subsistence Management, “Public involvement is the cornerstone of the Federal Subsistence Management Program. The public plays a vital role in proposing changes to subsistence fishing, hunting, and trapping regulations and making comments on proposed changes to ensure regulations are meeting the needs of subsistence users while conserving healthy populations of fish and wildlife”

FINAL REPORT 11

38 Further, based on our conversations with our client partners, the time windows provided for public comment are also insufficiently short, communicated with inadequate notice, and often overlap with important cultural events and subsistence harvests. Further, proprietary knowledge disclosed during regulatory processes has not been kept confidential in the past, making many Alaska Natives wary of sharing their traditional ecological knowledge with state and federal agencies moving forward. The issue of sensitive information shared by tribal members during consultations with federal or state agencies being disclosed without tribal consent has even come before the U.S. Supreme Court. In its 2001 ruling on U.S. Department of Interior v. Klamath Water Users, the Court held that tribal knowledge exchanged between the Klamath and other Indian Tribes and the Department of the Interior were not exempt from public disclosure and are subject to the Freedom of Information Act (FOIA).39

39 Department of Interior v. Klamath Water Users Protective Association, 532 U.S. 1 (2001)

35 U.S. Department Of The Interior, Office Of Subsistence Management. The Federal Subsistence Management Program: An Overview, duced.pdfe_management_program_brochure_2016_weblayout_508_rehttps://www.doi.gov/sites/doi.2016.gov/files/uploads/subsistenc

36 "Regulations." Alaska Department Of Fish And Game, 2021. nhttp://www.adfg.alaska.gov/index.cfm?adfg=regulations.mai

40 Additional barriers to the meaningful integration of Alaska Native voice in tribal consultation and public hearings that surfaced in our stakeholder interviews and discussions with our client include:

• The public comment process places the onus on tribes to justify that their concerns are valid and meet the criteria for “significance” established by federal agencies.

41 For Alaska Natives, living off the land is not just a means of acquiring sustenance “[it] is the heart and soul of Alaska Native people.”

FINAL REPORT 12 for tribes to have a voice in shaping subsistence resource management decisions without sacrificing the confidentiality of the sensitive traditional knowledge.

41 Kancewick, Mary and Eric Smith. “Subsistence in Alaska: Towards a Native Priority.” UMKC Law Review 59, no. 3 (1991): 645 677. well being by diminishing the input of Alaska Natives in subsistence management decisions. Kancewick and Smith (1990) articulate well the cumulative impact of these chronic deficits within Alaska’s state and federally managed regulatory processes on Alaska Natives: “Rather than reducing the level of regulation or enhancing the likelihood that regulation will be consistent with Native culture and values, the ANILCA/state scheme thus far has had the effect of taking the regulation of subsistence out of Native communities and further complicating it with centralized rule making.”

42 Without the authority to manage and protect the land as their ancestors have for millennia, however, the physical, social, cultural, spiritual, and economic well being and survival of Alaska Natives are mortally imperiled. State and federal control of subsistence resource management both underlies and exacerbates the three main interlocking pressures on Alaskan Native subsistence traditions today: regulations, climate change, and non subsistence hunting. Together, these linked pressures challenge the future of time honored subsistence customs and the Alaska Native people who depend upon them. Interlocking Pressures Regulations Not only do state and federal regulatory processes fail to provide Alaska Native people with meaningful, culturally appropriate opportunities to have their voices heard, but the fish and wildlife regulations that result from these processes ultimately reinforce the supremacy of western =6https://heinonline.org/HOL/P?h=hein.journals/umkc59&i55

42 U.S. Congress, Senate, Committee on Indian Affairs. Alaska Native Subsistence and Fishing Rights: Hearing Before the Committee on Indian Affair of the United States Senate. 107th Cong., 2nd sess., 107shrg79754/html/CHRGhttps://www.govinfo.gov/content/pkg/CHRG2002.107shrg79754.htm

• Agency staff often look for comments that focus on technicalities, while sidestepping more fundamental questions around whether the project or regulatory change should have been undertaken at all. Both the Federal Subsistence Board and Alaska Department of Fish and Game have policies for engaging federally recognized tribes in regulatory decisions that will significantly or uniquely affect tribal communities. But these measures fall short of ensuring Alaska Native voices, values, and ways of knowing/being are reflected in regulatory actions that disproportionately impact tribal access to and use of fish, wildlife, and other subsistence resources. Settler colonialism has stripped Alaska Natives of the freedom to self manage the lands and waters as their ancestors have for thousands of years. The current system of governance further threatens Alaska Native food security, economic stability, cultural integrity, and spiritual

• Rapid turnover in federal agency staff makes it challenging to tribal leadership to establish meaningful, trusting relationships that might facilitate consultation and evaluation processes.

40 Amberson, Sophia E. "Traditional Ecological Disclosure: How the Freedom of Information Act Frustrates Tribal Natural Resource Consultation with Federal Agencies." Washington Law Review 92, no. 2 (2017): 937 cle=4996&context=wlrhttps://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?arti981.

The tools and techniques of western science overwhelmingly drive state and federal governance of Alaska’s subsistence resources, leaving little room for TEK to inform how fish and wildlife are managed. An example of this tension between traditional and western science is found in the strict regulations placed on salmon fishing by the Alaska Department of Fish and Game (ADF&G) and US Fish & Wildlife Service (USFWS). Alaska Natives in the Interior have harvested wild salmon for millennia, developing sacred traditions for harvesting, processing, and respectfully living with salmon. Salmon continues to remain a central part of Alaska Native life in the Interior region. Through the annual ritual of gathering at summer fish camp, Interior Alaska Natives ensure invaluable cultural and social customs are passed down from generation to generation. Despite this expertise in sustainable salmon stewardship, the management of Alaska’s salmon fisheries by ADF&G and USFWS fails to incorporate the traditional knowledge of Alaska Natives. “Alaska Natives” go unmentioned in the current state salmon fisheries management policy passed by the Board of Fisheries and implemented by ADF&G, as does “traditional knowledge.”43 Instead, Alaskan fisheries regulations are driven by a conservation approach that uses “the best 43 "5 Alaska Admin. Code § 39.222: Policy For The Management Of Sustainable Salmon Fisheries." Casetext, 2021.

FINAL REPORT 13 science over Indigenous ways of knowing and being. Alaska Natives have lived upon and cared for the lands, waters, and resources of Alaska for thousands of years. In the process, they have developed vast bodies of scientific knowledge on their local ecosystems. Unfortunately, traditional ecological knowledge (TEK) is systematically overlooked and ignored within conventional resource management regimes.

https://casetext.com/regulation/alaska administrative code/title 5 fish and game/part 1 commercial and subsistence fishing and private nonprofit salmon hatcheries/chapter 39 general provisions/article 2 general/section 5 aac 39222 policy for the management of sustainable salmon fisheries 44 Alaska Department of Fish and Game, Alaska’s Wild Salmon, ld_salmon.pdhttp://www.adfg.alaska.gov/static/home/library/pdfs/ak_wi2019.

Trapped within a confusing, checkerboard matrix of state and federal regulations that inadequately integrate traditional knowledge, the effects of restrictive management practices are felt intimately by Alaska Natives in the Interior who rely upon the harvesting of wild resources for food security and cultural vitality. Interior Alaska Native fisherwoman Arlene Pitka’s story perfectly encapsulates the impacts of regulatory pressure on Native families: “In years past we went to our fish camps down river from Beaver and came back in the fall with a boatload of fish. And now, you can’t even fish for a long enough time to get a rub load of fish. And it’s getting worse […] I think there’s going to be a lot of river closures this year. They’re maybe going to give us just a couple of days this year to fish. I feel sorry for my mom and my elders in the village because that’s what they depend on […] And we have to live by their laws, though living by their rules and trying to survive are two separate issues to me.”

47 45 Alaska Department of Fish and Game. 2020 2021 Statewide Subsistence and Personal Use Fishing Regulations, s/pdfs/commercial/2020_2021_subsistence_pu_http://www.adfg.alaska.gov/static/regulations/fishregulation2020.regs.pdf.

2023 fisheries regulations book web.pdf

47 Alliance for a Just Society and Council of Athabascan Tribal Governments. Survival Denied: Stories from Alaska Native Families Living in a Broken System, 2010.

available scientific information and thoroughly trained [fisheries] managers.”44 This approach translates to subsistence fishing regulations which are hundreds of pages long and stipulate everything from the kinds of fishing nets and gear that can be used, to the specific dates of harvest periods, to the kinds and number of fish that can be harvested, to the specific sections of waterways where fishing is allowed to take place.45 Separate but similarly lengthy regulations apply to the harvesting of fish on federal public lands and waters in Alaska.46

46 U.S. Department of the Interior, Office of Subsistence Management. Federal Subsistence Management Regulations for the Harvest of Fish and Shellfish on Federal Public Lands and Waters in Alaska, https://www.doi.gov/sites/doi.gov/files/20212021.

FINAL REPORT 14

49 International Labour Office. Indigenous peoples and climate change: From victims to change agents through decent work, 2017. http//www.ilo.org/wcmsp5/groups/public/ gender/documents/publication/wcms_551189.pdfdgreports/

As the traditional stewards of the lands and waters of the Interior, Alaska Natives should be regarded as essential partners in the subsistence resource management decisions that directly impact their livelihoods and continued survival as a people. Unfortunately, neither Alaska Natives nor their unrivaled knowledge of the land are prioritized by state and federal management of fish and wildlife resources.

51 “Climate Change Impacts in the United States Chapter 22: Alaska.” U.S. Global Change Research Program, Full_Report_22_Alaska_LowRes.pdfhttps://nca2014.globalchange.gov/downloads/low/NCA3_2014.

52

Alaska Natives, like other Indigenous peoples, are uniquely vulnerable to the urgent challenge of climate change. Despite contributing little to greenhouse gas emissions, Indigenous peoples globally are suffering disproportionately from the consequences of climate change.48 The International Labor Organization has identified a combination of six characteristics shared by Indigenous peoples that places them in an extreme position of vulnerability to climate change, including their dependence upon and close relationships with their environments.49 In all regions of the world, Indigenous livelihoods and well being are connected to natural resources that are at risk to environmental changes brought on by climate change, such as warming average temperatures and volatile precipitation patterns. As the climate continues to change, Indigenous ways of living off the land will become increasingly difficult to maintain, and traditional food sources could disappear entirely. The threats to Indigenous subsistence traditions are particularly salient in Alaska, where climate change has become a fact of daily life for most content/uploads/2013/03/Survivalhttp://allianceforajustsociety.org/wpDenied2.pdf

Alaska Natives. Alaska is warming faster than any other state in the country and twice as quickly as the global average.50 Alaska’s rapidly warming climate is causing a host of corresponding environmental changes, including accelerated rates of permafrost thaw, loss of coastal ice, glacial recession, coastal erosion, sea level rise, earlier spring snowmelt, more intense wildfires, and changing precipitation patterns.51 These changes impact all Alaskans, but the cumulative effects of climate change are particularly disruptive for Alaska Natives in the Interior who hunt, fish, and gather wild foods from the lands.

48 “Climate Change.” United Nations Department of Economic and Social Affairs, climatehttps://www.un.org/development/desa/indigenouspeoples/2021.change.html.

In a 2018 report titled “Living off the land: Environmental impacts to access in Interior Alaska,” researchers from the International Arctic Research Center at the University of Alaska Fairbanks assembled more than 700 observations from 9 Interior Alaska communities documenting how climate change is impacting local hunting, fishing, trapping, and gathering in the regions.

Observers describe how thin ice, late freeze up, and early thaw conditions make trapping and hunting during winter more dangerous. More variable snow accumulation, early snowmelt, and rain during winter can complicate travel by snowmachine and dogsled to/from subsistence locations. Observers also report more sinkholes and flooding on trails, as well as increasing bank erosion along navigable rivers, which can damage or cut off travel routes to historic fishing sites and berry picking grounds. Facing these and other changes, Alaska Natives have been forced to adjust their subsistence activities and adapt to different conditions that often make it harder to access valuable subsistence resources.

ve%20yearsate%20change%2C%20no%20more,in%20the%20past%20fiional,of%20the%2020th%20century.&text=Without%20climclimate#:~:text=According%20to%20the%20Fourth%20Nat

50 “New report highlights Alaska’s last five years of dramatic climate change.” National Oceanic and Atmospheric Administration, 2019. alaska%E2%80%99sfeatures/understandinghttps://www.climate.gov/newsclimate/newreporthighlightslastfiveyearsdramatic

52 Cold, Helen S., Todd J. Brinkman, Caroline L. Brown, Krista M. Heeringa, Teresa, N. Hollingsworth, David L. Verbyla, and Dana R.N. Brown. Living off the Land: Environmental impacts to access in Interior Alaska, 2018. http://mapventure.org/environmental impacts access/index.html

Climate Adaptation

56 Rosen, Yereth. “Apparently stable for now, Alaska’s biggest caribou faces a tough future of industrial development and climate warming.” Arctic Today, 2019. the issuing of more than 800,000 big game tags and fishing and licenses.58 More than half of the licenses and tags issued and over three quarters of the revenue generated by ADF&G were from non resident fishers and hunters. On top of out of state (participants), nearly 300,000 Alaska residents, about half of the state’s adult population,59 bought hunting and fishing licenses.

59 “U.S. Census Bureau QuickFacts: Alaska.” U.S. Census Bureau, 2021. https://www.census.gov/quickfacts/AK 60 Woodford, Riley. “The Economic Importance of Alaska’s Wildlife: Wildlife Generates Billions for Alaska.” Alaska Department of Fish and Game, ew_article&articles_id=664http://www.adfg.alaska.gov/index.cfm?adfg=wildlifenews.vi2014. .

The cascading effects of climate change on Alaska Natives’ access to fish, game, and other traditional foods threaten the ability of Interior Alaska Natives to sustain their families and honor their subsistence traditions. And as Alaska’s ecosystems continue to undergo rapid changes due to accelerating climate change, the pressure on Alaska Native food security, livelihoods, and cultural integrity is certain to grow. Non Subsistence Hunting Alaska Native ways of life are further challenged by the competing interests of non subsistence sport hunters and fishers. Recreational hunting and fishing in Alaska are major industries with a substantial economic impact. In 2019, the Alaska Department of Fish and Game generated nearly $40 million in revenue approximately 20% of the Department’s annual operating budget from 53 Lynn, Kathy, John Daigle, Jennie Hoffman, Frank Lake, Natalie Michelle, Darren Ranco, Carson Viles, Garrit Voggesser, and Paul Williams. "The Impacts Of Climate Change On Tribal Traditional Foods." Climatic Change 120, no. 3 (2013): 545 556. https://doi.org/10.1007/s10584 013 0736 1 54 Rosen, Yereth. "Climate Change Is Affecting Wild Berries, And The People Who Depend On Them." Arctic Today, 2018. https://www.arctictoday.com/climate change affecting wild berries people depend/. 55 Kellogg, Joshua, Jinzhi Wang, Courtney Flint, David Ribnicky, Peter Kuhn, Elvira González De Mejia, Ilya Raskin, and Mary Ann Lila. "Alaskan Wild Berry Resources And Human Health Under The Cloud Of Climate Change." Journal Of Agricultural And Food Chemistry 58, no. 7 (2010): 3884 3900. https://dx.doi.org/10.1021%2Fjf902693r

According to a 2014 report commissioned by ADF&G, spending on hunting and wildlife activities in Alaska generated $4.1 billion in economic activity and more than 27,000 jobs in 2011 alone.60 On the ground, Interior Alaska Natives engaged in traditional subsistence activities must compete with the thousands of recreational hunters and fishers who take valuable subsistence resources for sport in the region each year. Contrary to Native cultural values of sustainable stewardship, kinship with nature, and respect for all living things, some non Native hunters wantonly waste game by failing to salvage all, or sometimes any, of the edible meat. Numerous high profile incidents of sport hunters recklessly leaving game meat

https://www.arctictoday.com/apparently stable for now alaskas biggest caribou faces a tough future of industrial development and climate warming/ 57 Oke, K. B., C. J. Cunningham, P. A. H. Westley, M. L. Baskett, S. M. Carlson, J. Clark, and A. P. Hendry et al. "Recent Declines In Salmon Body Size Impact Ecosystems And Fisheries." Nature Communications 11, no. 1 (2020): 1 13. https://www.nature.com/articles/s41467 020 17726 z.pdf 58 Alaska Department of Fish and Game. 2019 Calendar Year Licenses and Tags Issued, amps_tags_issued_2019.pdfhttps://www.adfg.alaska.gov/static/license/pdfs/licenses_st2020.

Compounding its effects on how Alaska Native subsistence customs are practiced, climate change is further altering the traditional foods that Alaska Native people in the Interior depend on.53 Warmer summer temperatures are causing wild berries to ripen earlier in the season,54 and warmer winter temperatures are resulting in fewer berries with a decrease in taste.55 Rain on snow events caused by warming winter weather have been linked to mass die offs of caribou.56 Perhaps most profoundly, the size of wild salmon species have steadily decreased over the past six decades due in part to warmer ocean temperatures, with Chinook salmon shrinking by 8% on average since 1990.57

FINAL REPORT 15

65 McGroarty, Erin. “Massacre on the Steese: Hunters leave foot trails wrecked and littered with carcasses after expanded caribou hunt.” Fairbanks Daily News Miner, 963awithonhttps://www.newsminer.com/news/local_news/massacre2020.thesteesehuntersleavefoottrailswreckedandlitteredcarcassesafterexpanded/article_08ff88eaed9611eac33e2a52e102.html

66 “Resolution 2018 32: Prevent Outside Hunters from Trespassing and Intruding on Native Traditional Hunting Grounds.” Tanana Chiefs Conference, 2018. https://www.tananachiefs.org/resolution 2018 32/.

68 Alliance for a Just Society and Council of Athabascan Tribal Governments. Survival Denied: Stories from Alaska Native Families Living in a Broken System, content/uploads/2013/03/Survivalhttp://allianceforajustsociety.org/wp2010.Denied2.pdf.

64 Medred, Craig. “Moose hunt sparks worries about Indian Creek Trail.” Anchorage Daily News, https://www.adn.com/outdoors/article/moose2016. hunt sparks worries about indian creek trail/2008/10/19/ A couple, three times I felt harassed by state and federal officers. One time a State trooper came to my work, to question me about my hunting and fishing. He made me look as if I were a fugitive, the way he conducted himself and did his business running around crazily in search of me […] Another time, I was accused of shooting a grizzly bear. I was surrounded by two Fish and Wildlife officers, and a city police officer. They cornered me and questioned me like a criminal. On a different occasion, a State Trooper came to my home under the accusation I had taken a cow moose. When I was friendly and helpful he asked to see my harvest ticket […] He ticketed me $160 for not punching my harvest ticket.”

Walter Peter, Jr.’s story of criminalization in a report issued by the Council of Athabascan Tribal Governments in partnership with the Alliance for a Just Society is chilling: “Us native hunters have been made to feel like criminals just to honor our traditional ways and feed our families.

67 “Resolution 2019 21: Protecting Opportunities to Hunt for Local Village Residents.” Tanana Chiefs Conference, 2019. GetRendition/Documenthttps://publicdocushare.tananachiefs.org/docushare/dsweb/44348/html

63 Friedman, Sam. “Troopers investigate waste, issue dozens of citations in Fortymile Caribou hunt.” Fairbanks Daily News Miner, 6f4fb1e3ee3c.htmlcaribouinvestigatehttps://www.newsminer.com/news/alaska_news/troopers2017.wasteissuedozensofcitationsinfortymilehunt/article_4cc1be248f7311e7b68f

FINAL REPORT 16 unharvested have occurred in recent years.616263 Trail and land damage from all terrain vehicle use during sport hunts also poses challenges for Alaska Natives hunting to feed themselves and preserve their ancestral customs.6465 With road and access improvements, non Natives trespassing and attempting to hunt on Native allotments and ANCSA Corporation lands in the Interior have become increasingly problematic. As a result, Tanana Chiefs Conference passed a 2018 resolution opposing the trespass of non Native hunters on traditional hunting grounds and has organized trespass mitigation efforts on Native land in the Interior.6667 Heightening the offense of food waste and intrusion on Native lands by sport hunters and fishers, Alaska Natives are subject to unjust surveillance, harassment, and criminalization by state and federal authorities for practicing their traditional subsistence customs. Native fishers and hunters in the Interior report being regularly ticketed and fined for violating the restrictive, often conflicting regulations imposed on them by Alaska’s dual subsistence management system.

62 Joling, Dan. “Alaska moose poacher fined $100,000, sentenced to jail.” Associated Press, 1adahttps://apnews.com/article/6e1c6c84795b47fc9979fe11e2018.e87

68 While state and federal agencies shape regulations to fulfill the agendas of non subsistence sport hunters and fishers who routinely desecrate Native lands, resources, and values, Alaska Natives face harassment and criminalization for keeping with their sacred traditions. Under the compounding pressures of a regulatory regime warped by powerful interests and competition from outside hunters and fishers, Alaska Native subsistence lifeways in the Interior face an uncertain future.

61 Johnson, Patrick. “2 Massachusetts men charged in Alaska with illegally killing moose just for antlers.” MassLive, 2018. _men_charged_in.htmlhttps://www.masslive.com/news/2018/10/2_massachusetts

• Digital archiving. Uploaded stories and observations will be added to a digital archive. After agreeing to ethical and appropriate use guidelines, users will be able to browse the archive and download the information to use in distinct cases explained in the next section.

FINAL REPORT 17

• Accessibility

PROPOSED SOLUTION: IASKH PLATFORM

. When uploading their observations and knowledge onto the platform, locals will have the option to share their story in the language of their choosing and to include recordings, photographs, and geographic data to specify locations.

• Passcode protection. To protect sensitive and sacred subsistence information, access restricted to verified Alaska Native users. To fulfill such goals, the website will include the following tabs: Home As shown in Figures 5 and 6, this section will include a welcome message and the interactive map, which will feature reports categorized by our previously identified interlocking pressures: regulations, climate adaptation, and non subsistence hunting. Users will be able to click on our or more categories simultaneously, to adjust selections by date, location, and media type, and to see highlighted stories. They will also be able to download selected content from the data repository/story bank.

• Interactive mapping. User uploaded observations will be added to an interactive, web based map. The map will be embedded directly on the website and, in addition to featuring local observations, will also integrate GIS data layers from other sources. These layers might include land ownership, land use classifications, state and federal mineral claims, temperature and precipitation data, wildfire data, flooding data, tree canopy cover data, and wetland coverage data, among many other possible data sources.

• Customization. Users will be able to toggle the individual data layers on and off to customize their map view while exploring the local observations and stories.

• Local data. Tribal members can upload their stories and observations onto the platform, ensuring that ground observations and experiences are available for fellows to consult.

The Interior Alaska Subsistence Knowledge Hub (IASKH), is an interactive, web based knowledge platform that will serve as a forum and repository for local stories and observations of subsistence impacts. By collecting local subsistence stories and observations, IASKH will provide an Indigenous lens on the changing subsistence conditions and impacts faced by Interior Alaska Natives. The platform is intended to serve and be managed by the Tanana Chiefs Conference, as well as to assists the formal creation of counter narratives. From our conversations with the GIS and digital storymapping experts at University of Alaska Fairbanks, we determined that an existing, out of the box software would not adequately fulfill the desired specifications for the platform. Given the need for a custom software, we worked with our client to develop a detailed wireframe and website development scope of work that clarified the overall purpose and need for the platform, the platform’s primary functions, the user experience, the visual appearance, and technical and data Werequirements.hopethat our client will now be able to work with a website developer to translate the wireframe and scope into a custom, functioning product. Overview of Features We envision the digital platform including the following features:

users.

Contact

Figure 4. The platform will be passcode protected and access restricted to verified Alaska Native users.

Figure 5. This is the home page It will work to report data and observations related to the intersecting challenges of climate change, regulations and non subsistence hunting. Example reports may be related to salmon die offs , changing salmon yields or sizes, wanton waste, harassment from state or federal agents, trail and ice conditions, etc. Scrolling down, users may see that data will be collected in a repository and used to document broad trends through GIS mapping and other forms of visualization and analysis

FiguNewsfeedre9shows how this section will link users to journalism articles highlighting victories or challenges in other rural communities. This section will contain a simple contact form to link the Tanana Chiefs Conference with website

FINAL REPORT 18 FigureContribute7shows the contribute tab, which prioritizes story and data collection on the identified impacts through a wide range of accessible mediums. The tab will also guide users through how to navigate and use the platform. Users will be able to upload: • Subsistence forms • Written stories • Oral interviews and reporting (recordings) • Photographic evidence • Video storytelling kits • Digital geographic information The page also includes a release form to inform people of data rights and information uses. Moreover, it ensures that there is appropriate credit given for stories. Additional features include: • Subsistence forms that can also be printed and mailed • A call in hotline • Stories posted on Facebook and other social media platforms Get Involved As shown in Figure 8, this section will have an embeded calendar of public meetings, including those for subsistence related advisory committees It will also include a polling mechanism to gather real time data and highlight advocacy and education opportunities, including food systems classes.

Figure 6 When clicking on a particular category (or categories), users will get a brief description of it and all related reports will show up on the map, which can be adjusted by location and date. Clicking on stories will yield a full report, which will be highlighted further down (within the data repository of the category)

Figure 8 To get involved beyond reporting, users will be able to consult a calendar of public events, participate in real time polls, and consult advocacy and educational opportunities.

Figure 7 This tab will prioritize story and data collection on the identified impacts through a wide range of accessible mediums.

FINAL REPORT 19

Living Off the Land: Environmental Impacts to Access in Interior Alaska Storymap developed at University of Alaska Fairbanks to document stories and data related to subsistence and a changing http://mapventure.org/environmentalclimate.

UAF Scenarios Network for Alaska + Arctic Planning (SNAP) SNAP produces downscaled, historical and projected climate data for sub Arctic and Arctic regions of Alaska and Canada. https://uaf snap.org/get data/ Integrated Arctic Management (IAM) map

Alaska Department of Commerce, Community and Economic Development Open Data Extensive resources and data on Alaska communities. https://dcra dcced.opendata.arcgis.com/cdo

Models/Precedents

State of Alaska Open Data Geoportal Extensive database of local, state, and federal data on Alaska. dnr.hub.arcghttps://statewide-geoportal-1-soa-is.com/

impacts access/ Data Needs Further development includes compiling a list of potential external data sources and GIS layers that might be integrated into the local observations and traditional knowledge map, such as: Tanana Chiefs Conference GIS data Subregion layers, Native Corporation land maps, Native allotments

FINAL REPORT 20

Figure 9 the “Newsfeed” section will link to journalism articles highlighting victories or challenges in other rural communities

Alaska Department of Natural Resources Maps Collection of maps and data on land ownership, resource development, geologic features, and more. mhttp://dnr.alaska.gov/commis/pic/maps.ht

This map was created by the UAF Scenarios Network for Alaska + Arctic Planning. It displays geospatial datasets from various environmental, economic, and cultural categories to see where they overlap. This approach illustrates the relative importance of those areas, identifies potential areas of conflict, and highlights gaps in Arctic geospatial http://mapventure.org/#/map/iamdata.

We were influenced and inspired by the following tools and products developed in partnerships between researchers, designers, and Alaska Natives: ELOKA (Exchange for Local Observations and Knowledge of the Arctic) Arctic data resource management program that combines LTK (local traditional knowledge) and local observations data from Indigenous arctic residents and acknowledges data sovereignty and respect for all ways of knowing. https://eloka arctic.org/about eloka Arctic Alaska Observatory and Knowledge Hub (AAOKH) Community based observations of the seasonal changes in Alaska’s Arctic. This site embeds a Facebook https://arcticwidget.aok.org/

The Board also maintains a separate but related policy on consultation with ANCSA corporations “when those corporate lands, water areas, or their resources may be affected by regulations enacted by the Board.”

This section outlines specific applications for IASKH in service of Alaska Native subsistence rights in Interior Alaska. Subsistence Consultation

70 The Federal Subsistence Board, tribal governments, and ANCSA corporations may initiate consultation proceedings at any time. Consultation results are shared with relevant advisory committees to inform their recommendations.

70 U.S. Department of the Interior, Federal Subsistence Board. Federal Subsistence Board Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations, 2015. Fisheries and Game, and tribal members who have decision making power. The Alaska Department of Fish and Game and the Boards of Fisheries and Game maintain a policy of government to government relations with federally recognized tribes on “matters of mutual concern.”

69

72 ADF&G policy holds that agency staff and the Boards are to engage in government to government consultation with federally recognized tribes regarding “potential regulatory actions that may have an effect on the tribe's access to or use of fish, wildlife, or habitat.”

73 Consultation meetings are held between ADF&G staff, Board members, and tribal leaders with decision making authority. Any ADF&G staff member or Board member with decision making authority over a proposed action, as well as any tribal government representative, may initiate consultation proceedings at any time.

71 Ibid. 72 Alaska Department of Fish and Game, Alaska Boards of Fisheries and Game Policy on Government to Government Relations With the Federally Recognized Tribes of Alaska, gameboard/pdfs/findings/02136bog.pdfhttps://www.adfg.alaska.gov/static/regulations/regprocess/2002.

FINAL REPORT 21 USE CASES

71 These can be initiated by ADF&G staff, members of the Boards of 69 U.S. Department of the Interior, Federal Subsistence Board. Federal Subsistence Board Government To Government Tribal Consultation Policy, 2012. tribal_consultation_policy_2012.pdfhttps://www.doi.gov/sites/doi.gov/files/uploads/final_fsb_

The stories and synthesized data collected through IASKH could constitute an invaluable source of information in state or federal government to government consultations on subsistence matters. As outlined in the background section of this report, both the Federal Subsistence Board and the Alaska Boards of Fisheries and Game maintain policies of government to government relations with authorized representatives of federally recognized tribes on “matters of mutual concern.” The federal Board’s policy is to engage in government to government consultation with federally recognized tribes in instances where “regulations, rulemaking, policy, guidance, legislative proposal, grant funding formula changes, or operational activity may have a substantial effect on an Indian Tribe in Alaska.”

The ADF&G policy directs consultation with federally recognized tribes regarding “potential regulatory actions that may have an effect on the tribe's access to or use of fish, wildlife, or habitat.”

While IASKH will not by itself fundamentally alter the structure of consultations and the actions of government officials, the platform stands to dramatically enhance the credibility and impact of the views presented during consultation. It offers tribal representatives the opportunity to show, by geolocation, harms and impacts resulting from the intersecting pressures of regulations, climate change, and/or non subsistence hunting. A polling mechanism embedded on the platform can serve as a barometer, supporting the collection of real time, community based perspectives on key issues and providing a constantly relevant and updated stream of information for tribal representatives speaking on behalf of their villages. policy_on_consultation_ancsa_1https://www.doi.gov/sites/doi.gov/files/uploads/adopted_2315.pdf

73 Ibid.

Public Meetings and Hearings

IASKH can be similarly useful in the context of testimony delivered during federal and state advisory council and committee meetings. In addition to government to government consultations, the federal Board of Subsistence encourages tribal communities to attend Regional Advisory Council (RAC) meetings to discuss proposals and influence RAC recommendations. The federal RAC and local advisory councils for the Alaska Department of Fish and Game hold hearings and collect public testimony on regulatory changes relating to subsistence. As identified earlier in this report, however, these processes tend to be Western centric and may fail to adequately amplify Alaska Native subsistence rights and interests. Data collected through IASKH, backed by a strong rights based system of data management and governance, could similarly enhance credibility and impact of testimony delivered during open meetings.

NEXT STEPS This section outlines both short and long term action items that will be essential to moving the project forward and making IASKH a reality. Three pillars, in the areas of governance and ownership; design and capacity; and funding and partnerships, will need to be further defined and refined on the way to launching IASKH as a well resourced, functional platform.

Data collected through IASKH could also be deployed to support various forms of legal action. At some points, tribes may deem litigation to be the main recourse to halting a project or regulatory change that has already been approved to proceed, but would harm traditional subsistence practices or infringe on Alaska Native hunting and fishing rights. Specific information could be integral to legal arguments about the ways that large scale regulatory projects, for example, infringe on traditional lifeways and contribute to climate impacts. The data could also support future efforts to change laws in a direction of co management and subsistence priorities. Alaska Native leaders have long proposed creating co management over wild game and the establishment of an Alaska Native subsistence priority.74 These issues have been the focus of past legal battles and have yet to be implemented at the state or federal level. IASKH seeks to document impacts of non subsistence hunting and regulations.

Governance and Ownership Political support and clear understandings around the governance and management of the platform and the data submitted through it will need to be negotiated between governing bodies.

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Lands Act and the Alaska Native Claims Settlement Act. 113th Cong., 1st sess., 27FBhttps://www.energy.senate.gov/services/files/76875D4F2013.41D0B8C1DAD58712BA5A.

The timing of meetings and the pressure to prepare materials both constitute burdens on Alaska Native tribal members. IASKH specifically incorporates a calendar section to help tribal members keep track of both routine and special meetings. Better coordination and data accessed through IASKH would also serve to encourage urban residents to speak out on behalf of rural subsistence users. Taken together, the repository and advocacy elements of IASKH serve to boost communication and partnership with those involved in advisory processes at the state and federal level and advance Alaska Native subsistence interests in these forums. 74 U.S. Congress, Senate, Committee on Energy and Natural Resources. Hearing Before the Committee on Indian Affair of the United States Senate to Examine Wildlife Management Authority Within the State of Alaska Under the Alaska National Interest Legal Action

The client, and teams that work on this platform, must move nimbly to connect with the Tanana Chiefs Conference leadership, as well as the leadership of individual tribal administrators within the TCC region, for political support and buy in. A platform without users, oversight and political buy in will not be effective.

Data sovereignty

The Hunting, Fishing and Gathering Task Force of the Tanana Chiefs Conference is a natural fit to oversee the long term maintenance of IASKH. At 75 “MIT Solve | About.” MIT Solve, 2021. https://solve.mit.edu/about.

This proposal recognizes and takes seriously the clear concern with asking tribal members to share sensitive traditional subsistence knowledge, particularly with digital platforms. The sacred and proprietary nature of this knowledge reinforces the need for access restrictions and confidentiality as needed. At this stage, this proposal suggests that IASKH remain a well guarded repository of the TCC and its partners, and subject to tribal laws, regulations and oversight. Capacity and Design

Staffing and maintenance

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the same time, the Task Force’s present capacity is limited. It employs just one full time employee and two part time employees, all of whom already manage numerous other responsibilities. The Task Force therefore has a constrained ability to take on the staffing and maintenance of the platform, which could easily absorb between .5 to 1 FTE (full time equivalent) in a program budget.

Access and buy in This proposal anticipates important questions around access to IASKH and its management.

Additional resources will therefore be required to ensure the appropriate amount of staffing and maintenance for IASKH. Any future software development to create IASKH must occur in coordination with tribal members to ensure integration and continuity. Design and cost Connecting with Fairbanks based web developers, in addition to other partners, would be an initial next step to developing a full scope of work and cost estimate for IASKH. A cost estimate will be a crucial source of information in moving forward to pitch and develop the product. This proposal anticipates that the most intensive phase of the project will be in development, with the ideal outcome a user friendly platform that can be easily maintained and managed over time.

Funding and Partnerships

IASKH poses an exciting opportunity for partnerships that could enhance the final product while also delivering more robust and sustained resources. MIT Solve With its ties to social impact and entrepreneurship networks, MIT Solve, an initiative of the Massachusetts Institute of Technology, should take the lead on the task of locating start up funding for IASKH. MIT Solve is an innovation marketplace with inclusive technology as one of its key pillars.75 The client for this project, Eva, is already an MIT Solve fellow, creating strong potential for synergy.

Translating the platform proposal outlined in this report into a fully functional tool, in addition to maintaining and improving the platform over time, will require dedicated resources and capacity.

First, the project design specifically integrates access restrictions to limit the users to verified tribal members. Broader questions remain about ensuring that data is shared appropriately, and this will require the drafting of detailed release forms to give users the chance to acknowledge that the information may be enlisted in support of various causes to advance Alaska Native subsistence rights (such as a consultation, or even a legal action).

MIT Schwarzmann

76 The Department of Electrical Engineering and Computer Science (EECS), for example, has launched initiatives aimed at increasing participation in computing through a diversity, equity and inclusion lens.

The development of a project like IASKH opens up a clear pathway to a more sustained data science partnership between MIT and the University of Alaska Fairbanks (UAF), a top ranking university in the Interior region.78 These partnerships would harness and mutually deepen the resources and knowledge of students and faculty at both universities. Members of the GIS department at UAF, for example, were an invaluable source of information for this proposal and should be encouraged to contribute moving forward. Future versions of the Indigenous Environmental Planning Course offered through the MIT Department of Urban Studies and Planning can provide technical planning resources, in addition to other departments that can offer software development support.

University partnerships

The MIT Schwarzmann College of Computing, which launched in 2019, offers another avenue to locate substantial resources in the realms of software development, design and project teams. Representing a $1 billion commitment by MIT, the college should be actively lobbied for support both financially and in person power and expertise.

76 “History.” MIT Schwarzman College of Computing, 2021. https://computing.mit.edu/about/history/ 77 “Diversity, Equity, and Inclusion.” MIT Schwarzman College of Computing, 2021.

https://computing.mit.edu/about/diversity equity inclusion/ 78 “About UAF | UAF.” University of Alaska Fairbanks, 2021. https://www.uaf.edu/uaf/about/index.php

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K 12 partnerships Within the TCC geographic region, IASKH serves as an opportunity to meaningfully engage K 12 students enrolled in village schools. Students of all ages could develop posts for IASKH as part of engaged curriculum projects. Posts could contain, for example, audio interviews with family members and elders, creating cross generational connections while also preserving valuable subsistence knowledge, stories, and language. IASKH could be an entrypoint into the data science and GIS fields for young students, and a way of advancing data literacy in a traditional and culturally grounded context.

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