Sarah Palin's Record onAlaska Native and Tribal Issues1. Palin has attacked Alaska Native Subsistence FishingPerhaps no issue is of greater importance to Alaska Native peoples as the right to huntand fish according to ancient customary and traditional practices, and to carry on the subsistence
way of life for future generations.Governor Sarah Palin has consistently opposed those rights.Once in office, Governor Palin decided to continue litigation that seeks to overturn everysubsistence fishing determination the federal government has ever made in Alaska. (State ofAlaska v. Norton, 3:05-cv-0158-HRH (D. Ak).) In pressing this case, Palin decided againstusing the Attorney General (which usually handles State litigation) and instead continuedcontracting with
Senator Ted Stevens' brother-in-law's law firm (Birch, Horton, Bittner &Cherot).The goal of Palin's law suit is to invalidate all the subsistence fishing regulations thefederal government has issued to date to protect Native fishing, and to force the courts instead totake over the role of setting subsistence regulations. Palin's law suit seeks to diminishsubsistence fishing rights in order to expand sport and commercial fishing.In May 2007, the federal court rejected the State's main challenge, holding that Congressin 1980 had expressly granted the U.S. Interior and Agriculture Departments the authority to
regulate and protect Native and rural subsistence fishing activities in Alaska. (Decision enteredMay 15, 2007 (Dkt. No. 110).)Notwithstanding this ruling, Palin continues to argue in the litigation that the federalsubsistence protections are too broad, and should be narrowed to exclude vast areas fromsubsistence fishing, in favor of sport and commercial fishing. Palin opposes subsistenceprotections in marine waters, on many of the lands that Natives selected under their 1971 landclaims settlement with the state and federal governments, and in many of the rivers where Alaska
Natives customarily fish. (Alaska Complaint at 15-18.) Palin also opposes subsistence fishingprotections on Alaska Native federal allotments that were deeded to individuals purposely tofoster Native subsistence activities. All these issues are now pending before the federal districtcourt.2. Palin has attacked Alaska Native Subsistence HuntingPalin has also sought to invalidate critical determinations the Federal Subsistence Boardhas made regarding customary and traditional uses of game, specifically to take huntingopportunities away from Native subsistence villagers and thereby enhance sport hunting.
Palin's attack here on subsistence has focused on the Ahtna Indian people in Chistochina.Although the federal district court has rejected Palin's challenge, she has carried on an appealthat was argued in August 2008. (State of Alaska v. Fleagle, No. 07-35723 (9th Cir.).)In both hunting and fishing matters, Palin has continued uninterrupted the policiesinitiated by the former Governor Frank Murkowski Administration, challenging hunting andfishing protections that Native people depend upon for their subsistence way of life in order to
enhance sport fishing and hunting opportunities. Palin's lawsuits are a direct attack on the coreway of life of Native Tribes in rural Alaska.3. Palin has attacked Alaska Tribal SovereigntyGovernor Palin opposes Alaska tribal sovereignty.Given past court rulings affirming the federally recognized tribal status of Alaska Nativevillages, Palin does not technically challenge that status. But Palin argues that Alaska Tribeshave no authority to act as sovereigns, despite their recognition.
So extreme is Palin on tribal sovereignty issues that she has sought to block tribes fromexercising any authority whatsoever even over the welfare of Native children, adhering to a 2004legal opinion issued by the former Murkowski Administration that no such jurisdiction exists(except when a state court transfers a matter to a tribal court).Both the state courts and the federal courts have struck down Palin's policy of refusing torecognize the sovereign authority of Alaska Tribes to address issues involving Alaska Nativechildren. Native Village of Tanana v. State of Alaska, 3AN-04-12194 CI (judgment entered
Aug. 26, 2008) (Ak. Super. Ct.); Kaltag Tribal Council v. DHHS, No. 3:06-cv-00211-TMB (D.Ak.), pending on appeal No 08-35343 (9th Cir.)). Nonetheless, Palin's policy of refusing torecognize Alaska tribal sovereignty remains unchanged.4. Palin has attacked Alaska Native LanguagesPalin has refused to accord proper respect to Alaska Native languages and voters byrefusing to provide language assistance to Yup'ik speaking Alaska Native voters. As a result,Palin was just ordered by a special three-judge panel of federal judges to provide various forms
of voter assistance to Yup'ik voters residing in southwest Alaska. Nick v. Bethel, No. 3:07-cv-0098-TMB (D. Ak.) (Order entered July 30, 2008). Citing years of State neglect, Palin wasordered to provide trained poll workers who are bilingual in English and Yup'ik; sample ballotsin written Yup'ik; a written Yup'ik glossary of election terms; consultation with local Tribes toensure the accuracy of Yup'ik translations; a Yup'ik language coordinator; and pre-election andpost-election reports to the court to track the State's efforts.In sum, measured against some the rights that are most fundamental to Alaska Native
Tribes – the subsistence way of life, tribal sovereignty and voting rights – Palin's record is afailure.Kaltag:
https://ecf.akd.uscourts.gov/doc1/0231295649Fleagle:
https://ecf.akd.uscourts.gov/doc1/0231254875State v. Norton opinion:
https://ecf.akd.uscourts.gov/doc1/023086165State v. Norton complaint:
https://ecf.dcd.uscourts.gov/doc1/0451584225Tanana:
[Alaska court system is not electronic]Nick v. State
https://ecf.akd.uscourts.gov/doc1/0231352147*********************************************Lloyd B. MillerSonosky, Chambers, Sachse, Miller & Munson, LLP900 West Fifth Avenue, Suite 700
Anchorage, Alaska 99501Telephone: (907)258-6377Facsimile: (907)272-8332E-Mail:
lloyd@sonosky.netTemporary New York City phone: (212) 204-6394
