This controversial Opinion was issued in the midst of a major dispute between the Wabanaki Tribes and the State regarding State regulatory authority over elver fishing by Tribal citizens who were fishing with Tribal licenses. Dozens of tribal people were prosecuted under newly enacted state criminal laws. The Opinion concluded that Tribal citizens are subject to State regulatory authority over marine resources to the same extent as other Maine citizens and that MITSC has no particular authority or role regarding saltwater fishing issues. However, the question of whether the Tribes and Tribal citizens possess retained saltwater fishing rights has not been decided in any State or Federal appellate court decision, and MITSC has continued to be actively involved in tribal saltwater fishing issues pursuant to its statutory responsibilities, including continually reviewing the effectiveness of the Settlement and the legal, social, and economic relationships between the Tribes and the State.
