Rights and Roles: Alaska Natives and Ocean and Coastal Subsistence Resources

• Main Authors: Diamond, Jordan, Swanson, Greta, Mengerink, Kathryn
• Format: Text
• Language: unknown
• Published: Scholarly Commons @ FAMU Law 2013
• Subjects: Alaska; Alaska natives; Alaska natives rights; aboriginal rights; Marine Mammal Protection Act; Endangered Species Act; Migratory Bird Treaty Act; national ocean policy; Environmental Law; Food and Drug Law; Indigenous; Indian; and Aboriginal Law; Law; Natural Resources Law; Arctic; Pillar; The Pillar; Climate change
• Online Access: https://commons.law.famu.edu/famulawreview/vol8/iss2/5; https://commons.law.famu.edu/cgi/viewcontent.cgi?article=1088&context=famulawreview

This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence hunting and fishing rights in the marine environment and the benefits and drawbacks of the framework. Part III examines Alaska Native involvement in the existing system for managing and protecting subsistence marine resources and ensuring their long-term sustainability. The goal of the paper is to provide the reader with an understanding of the framework that defines Alaska Natives' rights to use marine subsistence resources and to engage in managing the resources themselves.