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### 1999 TUE 1140 AM ECONDEV FAX IA 207 827 2088 P 7



### JAS

## E ATTORNEY GENERAL 

### Vr

STATE OFMADVIS DsPARTMENTWIRE ATTORNEY GENERAL STATE HOUSESTATION AUCVSTAMAME 04133 February

## 16 1988
William

# J Vail Chairman Atlantic Sea Run Salmon Commisaion State House Station 

## 4I Anusta Maine 04333 6aar Chairman 

### Vail INEI 

### RECEIVEDFEE22 Lge8

I amwriting 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 bythe use of gill note bymembers ofthe 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 forthe 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

### theirrespeotive Indian Reservationf anti urniotwithstanding any rule or regulation promulgated by the



### ATTACHMNT 

# C

JAN191999 1153 

### 96 

## pe 220JAN

### 1999 TUE 1140 AM ECONDEV FAX O 207 827 204 P 8

116 P 2
Commission orany 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 bymembers of the Penobscot 

### Nation They will not be in anyway sold or processed forsale 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 ornation 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 ofyourpowers 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

# AAttean Penobscot Indian Represen rcilv VJ21 7 8

# T TIZKNIC Z i torney General

at

## we

JAN191999 1153 

### 95 Pes 221