By SHANNON HAUGLAND
Sentinel Staff Writer
Sitka Tribe of Alaska has petitioned the Alaska Supreme Court for a review of the Superior Court’s denial of a preliminary injunction on the Sitka Sound herring fishery.
Superior Court Judge Daniel Schally on Feb. 21 denied STA’s request for a preliminary injunction stopping the seasonal commercial sac roe herring fishery until there is a satisfactory plan for subsistence harvest.
The suit was filed against the Department of Fish and Game and the Board of Fisheries. The Southeast Alaska Herring Alliance has been added as a defendant-intervenor.
STA claims it has been denied a reasonable opportunity for its herring egg subsistence harvest, and asked the judge to require Fish and Game to develop a fishery management plan before the commercial herring opening “consistent with ADFG’s responsibilities under subsistence laws and regulations,” among other relief sought.
“STA is extremely disappointed with the decision denying the injunction,” General Manager Lisa Gassman said in the announcement of the appeal. “STA through our documents filed show we faced imminent and irreparable harm not only in the past but in the upcoming 2019 herring season due to the Alaska Department of Fish & Game’s failure to ensure STA and all subsistence harvesters have a reasonable opportunity to meet our subsistence needs.”
KathyHope Erickson, tribal council chairman, added: “Our culture is suffering. Our people have from time immemorial gone out, gathered trees, put them in the water in appropriate places, harvested the herring eggs on those trees and on kelp. Fathers/uncles have taught their children/nephews our way of life. We have not been able to get our eggs despite increased efforts; our way of life, and our culture have been harmed.”
In its petition for review STA said, “The superior court erroneously concluded that persistent and serious harm to STA subsistence harvesters and their way of life is not irreparable harm and therefore STA is not entitled to preliminary relief. Immediate review is necessary because STA will continue to suffer irreparable harm during the 2019 fishing season and beyond. The superior court’s decision raises issues of law that are vital to STA and all those whose cultural, nutritional, and spiritual way of life is affected if the superior court’s ruling is allowed to stand.”
In his ruling denying the Sitka Tribe motion for preliminary injunction, Judge Schally ruled that STA “has not demonstrated that it faces irreparable (italicized) harm if the requested relief is not granted, as it requests, in the brief and dwindling period of time between now and the beginning of the 2019 commercial and subsistence fisheries in issue, or during these fisheries.”
In its appeal to the Supreme Court Thursday, STA said the case should go back to the Superior Court.
“This Court should remand for the Superior Court to balance the harms – an evidentiary hearing may prove useful in that endeavor – and apply the appropriate preliminary injunction standard,” argued STA. “Alternatively, this court could resolve the issue as a matter of law and reverse with instructions for the Superior Court to enter the injunction.”
STA acknowledged support from tribal elders, and thanked organizations providing financial help or amicus briefs for their court actions, including Tlingit & Haida Central Council, Sealaska, Yakutat Tlingit Tribe, Hoonah Indian Association, the Organized Village of Saxman, Organized Village of Kasaan, Craig Tribal Association, and the Organized Village of Kake.
“In this effort to get the Alaska Supreme Court to accept our petition for review, Tribal Amici include most of those mentioned above as well as the Alaska Federation of Natives, Kawerak Inc, Tanana Chiefs Conference, First Alaskans Institute, Native Peoples Action, Association of Village Council Presidents and Inuit Circumpolar Council of Alaska,” STA said.
The tribe also acknowledged Tlingit & Haida Central Council, Sealaska, “and all individuals who have provided financial contributions.”
