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ATTORNEY GENERAL

Vr

STATE OF MADVIS

Ds PARTMENT WIRE ATTORNEY GENERAL

STATE HOUSE STATION

AUCVSTA MAME 04133

February 16 1988

William J Vail Chairman

Atlantic Sea Run Salmon Commisaion

State House Station 4I

Anusta Maine 04333

6aar Chairman Vail

INEI

RECEIVED FEE 2 2 Lge8

I am writing in response to your inquiry of February 5

soliaiting the advice of this office concerning whether there

is any legal impediment to the taking of approximately twenty

Atlantic salmon from the Penobscot River by the use of gill

note by members of the Penobsect Indian Nation For the

reasons which follow it is the Opinion of this Department

that on the facts as we understand them such action would not

be prohibited

As you indicate in your letter and as we have verified

with representatives of the Penobscot Indian Nation members of

the Nation intend during the Atlantic salmon run this coming

summer to place gill note in the Penobscot River within the

boundaries of the Penobscot Reservation The purpose of these

nets is to catch up to twenty Atlantic salmon for the

consumption of members of the Nation Since the use of gill

nets is generally prohibited within the inland waters of the

State 12 MRSA i 7608 you ask whether this activity would

be legal

In the opinion of this Department it would be Pursuant

to Section 62074 of the Act to Implement the Maine Indian

Claims Settlement 30 MRSA c 6201 et ala enacted by the

Maine Legislature in 1980 membere of the Passamaquoddy Tribt2

and the Penobecot Nation areauthorizedtotake fish within

thijbOUnderies of their respeotive Indian Reservationf anti

urniotwithstanding any rule or regulation promulgated by the

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Commission or any other law of the State so long as the fish

so taken are used for their individual sustenance On the

facts as they are presented to us the salmon to be taken this

summer are few in number and will be consumed by members of the

Penobscot Nation They will not be in any way sold or

processed for sale to others That being the case the7

activity in questienwould4pArlpfall within the purview of

Section 62e74ahCi414therefors iiiirvioiatei7iiny other lei

of the State including the prohibition against taking fish

with gillhotc

This is not to say however that the State is without

recourse in the event that fishing activity by an ndian tribe

or nation threatens the existence of the resource in question

Pursuant to Seotion 62076 you in your capacity as

Commissioner of Inland Fisheries and Wildlife have the power

to initiate proceedings leading to the adoption of remedial

measures applicable to activity by an Indian tribe or nation

which is adversely affecting or in likely to adversely affect

the stoak of any fish or wildlife While the taking of twenty

fish this summer would not seem to pose such a threat you

should be aware of your powers in the event that such a threat

should in the future arise

question Please feel

free to reinquire if further clasgeieslion is necessary

I hope the foregoing answers your

CHea

cot Vrieoella A Attean

Penobscot Indian Represen

rcilv

VJ21

7 8 T TIZKNICZ i

torney General

atwe

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