Nick Sapiel Building Large Conference Room, 

Indian Island, Penobscot Nation

March 22, 2016 

(approved at the 6/29/2016 meeting)

Commissioners in attendance:  Jamie Bissonette Lewey (Chair), John Banks (Penobscot), Joan Nass (State), Bert Polchies (Penobscot), Roy Partridge (State), Brian Reynolds (Maliseet) 

Regrets: Matt Dana, Dick Gould, Steve Holmes, Linda Raymond

Others in attendance: Chief Hugh Akagi, Chief Edward Peter Paul, Robert Checkoway, Jim Matlack, Diane Oltarzewski, Greg Sample, Paul Cote, Damon Reynolds, Dan McCaw, Sharri Venno, Gretchen Crawford

Minutes recorded by John Dieffenbacher-Krall.

The meeting took place with a quorum as provided under MITSC Bylaw I.F.

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I. Agenda review

No changes were made to the agenda.

II. Consideration of minutes for the 12/9/15, 1/14/16, 1/29/16, 2/2/16 meetings 

Roy Partridge moved, Joan Nass seconded to approve the minutes for the 12/9/15 meeting as presented.  The motion passed unanimously.

John Banks moved, Bert Polchies seconded to approve the minutes for the 1/14/16 meeting as presented.  The motion passed unanimously.

Bert Polchies moved, Roy Partridge seconded to approve the minutes for the 1/29/16 meeting as presented.  The motion passed unanimously.

Bert Polchies moved, Brian Reynolds seconded to approve the minutes for the 2/2/16 meeting as presented.  The motion passed unanimously.

III. Financial report FY 2016 ytd 

John Dieffenbacher-Krall referred Commissioners to the income/expense statement prepared for the meeting.  As of 3/15/16, the Commission had received $124,288 and spent $40,717 leaving a balance of $103,620.  In approving the FY 2016 budget, the Commission has reserved $86,000 for the research project, “Research on the Drafting and Enactment of the

Maine Indian Claims Settlement Act.”  Taking into account the money reserved for the research project the Commission has $17,620 remaining available for FY 2016.  John Dieffenbacher-Krall noted that the Commission has received more income due to interest than projected in the budget.  He attributed that occurrence to Key Bank’s decision to raise its interest rate from .05% to .2%.

Jamie Bissonette Lewey announced she wants to reconvene the personnel/organizational structure working group that last met in the fall of 2015.  The purpose for reconvening the working group is to continue deliberating and making recommendations on how the MITSC should proceed moving from a contractor to an employee model.  She asked for volunteers with Joan Nass responding to her request.  Jamie said that she would be contacting other Commissioners to serve on the working group.

IV. Presentations from Wabanaki Tribal Governments on their respective fisheries programs and interests 

Chief Edward Peter Paul, leader of the Aroostook Band of Micmacs, Dan McCaw, Fisheries Biologist for the Penobscot Nation, Sharri Venno, Environmental Planner for the Houlton Band of Maliseet Indians, and Chief Hugh Akagi, leader of the Schoodic Band of the Passamaquoddy Nation, addressed the Commission.  Jamie Bissonette Lewey summarized the messages of the day.  She heard from the Penobscot Nation that they would welcome transfer of rulemaking authority from the Commission.  Two, several speakers articulated the linkage between habitat improvement and fish health.  Three, we really need to know what we are talking about.  John Banks offered possible help through Binke Wang on identifying all brook, stream and river segments that would meet the definition of MITSC waters within Penobscot Indian Territory.

V. Dialogue with Paul Cote, UMA policy scholar doing research on MICSA

Paul Cote explained that through the Margaret Chase Smith Center each University of Maine system campus has a policy scholar.  Paul was selected for UMA.  He believes that he is the first scholar to look at tribal-state relations.  One lens he is using is power.  He is also examining the roles of the MITSC and the tribal representatives to the Maine Legislature.

In response to Paul, Commissioners cited the value of the Saltwater Fishing Report (Assessment of the Intergovernmental Saltwater Fisheries Conflict between Passamaquoddy and the State of Maine).  Commissioners also pointed to Gail Dana-Sacco’s research, the Tribal-State Work Group report (Final Report of the Tribal-State Work Group Created by Resolve 2007, Chapter 142, 123^rd Maine State Legislature), and At Loggerheads The State of Maine and the Wabanaki.  Additionally, the Commission suggested Paul review the civil law reports the Commission published in 1998, 1999, and 2000 (Impact of Maine Civil Laws on the Wabanaki: 1998, Final Status of Bills Relating to Maine Tribes:119th Legislature, Impact of Maine Civil Laws on the Wabanaki: 1997-2000).

Paul offered to present his finished presentation to the Commission.  He also offered to email it.  He can do either.  

VI. Consideration of contract with the Indigenous Peoples Rights Clinic of Suffolk U. Law School

Jamie Bissonette Lewey asked MITSC attorney Bob Checkoway to address the contract.  Bob gave a status report.  Jamie asked Commissioners if they support her signing the contract on behalf of the Commission.  All Commissioners present said yes.  Jamie said that she will touch base with Steve Holmes & Matt Dana.

VII. Scheduling future meetings 

Jamie will be in contact with the Passamaquoddy Commissioners about the possibility of holding the next MITSC meeting at either Motahkmikuk or Sipayik.  Bert Polchies moved, Joan Nass seconded a motion to adjourn.  It passed unanimously.