John Scudero sits with fishing gear. (Courtesy of Scudero)

The U.S. Supreme Court declined to intervene Monday in a case over Alaska’s authority to regulate fishing near Annette Island. The legal fight centered on a Metlakatla man charged with illegally fishing in waters just outside the state’s only Native reservation, but it’s not the end of the line for the tribe’s legal efforts to exempt its fishermen from state regulations.

Metlakatla tribal member John Scudero Jr. was fishing for coho salmon near his home on Annette Island south of Ketchikan. He says his recollection remains as clear today as it was eight years ago when he was picked up.

“I was taken in by the Coast Guard, because I was so-called outside of our boundaries,” Scudero said in a phone interview Monday.

He was charged with illegal fishing — Scudero didn’t have a permit to fish in state waters outside the boundaries of Alaska’s only Native reservation. He was convicted and fined $20,000.

Scudero took his case to the Alaska Supreme Court. He argued that the state didn’t have the authority to prevent him from fishing in traditional territory of his tribe. It’s part of a long-running dispute between Metlakatla tribal members and state authorities.

Metlakatla Indian Community members like Scudero argue the 1891 law that created the Annette Islands Reserve guaranteed the tribe a self-sustaining home — and that the tribe can’t sustain itself without fishing in areas near Ketchikan and Prince of Wales Island outside the reservation’s boundaries.

“We’ve been a fishing tribe for the last 120 years, and we continue to fish,” Scudero said.

He says Metlakatla’s citizens never ceded rights guaranteed by the 19th-century law creating the reservation.

Michigan State University law professor Matthew Fletcher has been tracking Scudero’s case. He’s an expert on Indigenous legal affairs in the United States.

“It’s not surprising at all. It is disappointing, because I thought the Alaska Supreme Court did a particularly superficial job in analyzing the arguments in this case, most notably the principle of conservation necessity,” Fletcher said by phone Monday.

That’s a principle that says states can regulate tribal hunting and fishing in an effort to preserve fish or game for future generations.

“It’s a really high bar. Nobody — no state’s ever met it before. And the Alaska Supreme Court basically just said that the state of Alaska has an interest in maintaining the resource, and that’s enough,” he said.

But Fletcher says Scudero’s case is far from the last word. The tribe itself, Metlakatla Indian Community, has a similar case pending in the federal Ninth Circuit Court of Appeals which challenges the state’s right to regulate tribal members’ fishing outside the reservation.

“I’d say, as a general matter, it is very much a better vehicle to review these questions,” Fletcher said.

State attorneys argued late last year that holding Metlakatla tribal members to the state’s fishing permit system is essential to maintaining sustainable wild salmon runs.

Fletcher says that case could have far-reaching consequences for tribes in Alaska and up and down the West Coast under the court’s jurisdiction. It could give states more power to regulate Indigenous hunting and fishing rights, or offer stricter protections for traditional harvesting.

Reflecting on the high court’s refusal to take his case, Scudero says he’ll be watching for the appeal court’s decision in his tribe’s case. He says it’s about holding the U.S. Congress to the law it passed more than a century before.

“I just want everybody to know, I’m just a messenger. The rights are already there, whether the state or the United States government wants to abide by what they had written,” Scudero said. “Otherwise, their word means nothing.”

A decision in the tribe’s Ninth Circuit case is expected later this year.

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The Metlakatla Longhouse. (Eric Stone/KRBD)

Metlakatla elected a new mayor, Tribal Council members and other senior officials Tuesday.

Albert Smith won a two-year term as Metlakatla Indian Community’s mayor. He’ll replace incumbent Reginald Atkinson, who did not seek another term as the reserve’s elected leader.

In an interview Wednesday morning, Smith said he believes he can make his hometown a better place.

“I’d like to build on the successes of previous mayors and councils, work with the council to develop an economic development strategy to bring more good paying jobs and strengthen our island economy, (and) find creative solutions to difficult challenges while maintaining financial discipline and living within our means,” Smith said.

It was a close race: Smith defeated challenger Keolani Booth by just 22 votes — that’s a margin of less than 4 percentage points. He thanked the community for their support.

Judith Eaton will remain secretary after besting a challenger. Darcy Booth defeated incumbent Nathan Fawcett for treasurer.

Six Tribal Council seats were up this year. Desi King, Joseph Ridley, Mark Gunyah, David R. Boxley, Zachary Mills and Christina Martinez emerged victorious from a field of 11.

It’s a markedly younger group set to govern Alaska’s only native reserve. Outgoing mayor Atkinson is 73. Mayor-elect Smith is three decades younger — just 43.

“I think our generation has heard the call. It’s our turn to step up, and I’m very proud to say that our generation has,” he said. “I’m looking forward to working with them, and I think we’re going to do great things for our town.”

The newly-elected tribal officials take office next month. Officials say just shy of 600 of Metlakatla’s 2,000-plus tribal citizens voted in the election.

Correction: A previous version of this story misstated the winner of the race for treasurer. Darcy Booth defeated incumbent Nathan Fawcett.

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The seal of the state of Alaska hangs on April 19, 2018, behind the dais where Alaska Supreme Court justices hear cases in the Boney Courthouse in Anchorage. (Jeremy Hsieh/KTOO)

The Alaska Supreme Court has upheld the conviction of a Metlakatla fisherman who was fined for fishing without the proper permits. The case is part of a long-running dispute over tribal sovereignty.

In 2014, U.S. Coast Guard officers reported a Metlakatla tribal member fishing in a closed area without a state commercial fishing permit. When they boarded the boat they found a few dozen coho salmon, which the skipper reportedly said he intended to sell. Metlakatla resident John Scudero Jr. was cited for three commercial fishing violations and fined $20,000 after a one-day trial the following year.

He appealed the case. Metlakatla’s elected tribal government has long objected to state fishing regulations, arguing that its status as the state’s only Indian reservation gives it unique federally-guaranteed rights. The tribe filed a brief in support, arguing enrolled tribal citizens fishing outside the reservation’s boundaries  were not under the state’s jurisdiction

The argument goes like this: Attorneys argue the 1891 law creating the reserve intended to create a self-sustaining community. And an essential part of the community’s ability to sustain itself is through fishing — both within a 3,000-foot exclusive zone around the reserve and outside of that boundary. And since federal law trumps state law, Scudero’s attorneys argued Alaska’s fishing regulations infringed upon the tribe’s sovereign rights set out by Congress.

But the Alaska Supreme Court disagreed in a 4-0 decision. Writing for the court, Justice Peter Maassen declined to rule on whether Metlakatla tribal members held a federally-guaranteed right to fish outside the 3,000-foot boundary. But Maasen cited a raft of U.S. Supreme Court cases that held tribes’ off-reservation hunting and fishing rights were subject to state regulations aimed at conserving fish and wildlife populations. Three other Supreme Court justices joined Maasen’s opinion; the remaining justice, Dario Borghesan, did not participate in the case.

It’s not the first time Metlakatla Indian Community has asked a judge to rule on the question of off-reservation fishing rights. The tribe sued Gov. Mike Dunleavy’s administration in federal court last year on similar grounds. A federal district judge dismissed the case; it’s now pending in the Ninth Circuit Court of Appeals.

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Metlakatla has closed itself to visitors and implemented other restrictions to prevent the spread of coronavirus.

Metlakatla Indian Community Mayor Reginald Atkinson told KRBD the tribal council implemented a series of mandates last week aimed at preventing an outbreak in the state’s only Indian reserve.

“Metlakatla is blessed to be located on Annette Island. Our Community, as of this date, does not yet have any confirmed or suspected cases of COVID-19 infection. But as with all rural communities, Metlakatla’s human and financial resources are limited, ” Atkinson said, reading from a prepared statement.

One mandate bans visitors to the community.

Residents are still allowed to return to Metlakatla, but they’ll be required to self-quarantine at home for 14 days upon arrival. That includes travel from Ketchikan, which has more than a dozen confirmed COVID-19 cases.

Exempt from the restrictions are medical staff and emergency personnel.

The council’s resolution also specifies which businesses are “critical services” and may remain open: grocery stores, financial institutions, fisheries monitoring and fish hatchery operations, among others.

Some of the restrictions passed by Metlakatla’s council mirror state social distancing mandates announced Friday: gatherings of more than 10 people are prohibited, and people who don’t share a home must remain at least six feet apart.

But outdoor activities, including subsistence hunting, fishing, foraging and hiking are still allowed within social distancing guidelines.

Atkinson says the mandates are based on recommendations from state and federal health officials. He urges calm amid the crisis.

“We must not allow fear to fuel a panic, nor can we allow it to paralyze action,” Atkinson said. “Now is the time for all our people to pull together as we have done for many thousands of years.”

The resolution passed last week also says local authorities won’t disconnect customers who can’t make utility payments.

Atkinson also says Metlakatla officials are exploring ways to provide economic relief to the reserve’s residents. The restrictions will remain in effect until the Metlakatla council lifts its emergency order.

Residents can keep up with the latest from Metlakatla decision-makers at Metlakatla.com or on the MIC Facebook page.

Listen to Atkinson’s full statement below:

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