Commission Meeting

May 27, 2015

Room 300, Cross Office Bldg, Augusta

Approved at the 7/22/15 meeting

Commissioners in attendance:  Jamie Bissonette Lewey (Chair), Roy Partridge (State), Dick Gould (State), Joan Nass (State), Steve Holmes (Passamaquoddy Tribe - Motahkmikuk)Regrets: Linda Raymond, Brian Reynolds, Matt Dana, John Banks, Bert PolchiesOthers in attendance: Jim Matlack, Diane Oltarzewski, Greg Sample, Tom MartinMinutes recorded by John Dieffenbacher-Krall.The meeting took place with a quorum as provided under MITSC Bylaw I.F.

Agenda review

Roy Partridge volunteered to chair the meeting until the arrival of Jamie Bissonette Lewey.  He asked to add an item at the end of the agenda pertaining to an upcoming event at Bowdoin College.

Consideration of minutes for the 4/15/15 meeting

Joan Nass pointed out that she has been omitted from the minutes.  She should be added under regrets.  No action was taken on the minutes.

Executive Director report

John Dieffenbacher-Krall reviewed the income/expense statement prepared for the meeting.  As of May 22, the Commission had received $111,693 and spent $89,630 in FY 2015 for a balance of $22,063.  Adding the FY 2015 balance to the cash remaining from FY 2014 yields a total of approximately $30,724. John Dieffenbacher-Krall reported on the May 12 Judiciary Committee public hearing that considered several tribal related bills.  He noted the bills that were voted ought not to pass at the request of the sponsor – LD 553, An Act To Include a Representative of the Aroostook Band of Micmacs in the House of Representatives, LD 993, An Act To Allow a Federally-recognized Indian Tribe To Conduct a Pilot Project in Hemp Cultivation, and LD 1094, An Act To Improve Tribal-state Relations.

Legislative Subcommittee report

Commissioners decided to forego the Legislative Subcommittee meeting scheduled for May 29.

Review of agenda

Jamie Bissonette Lewey asked to move the agenda item “report back from Commissioners’ meetings with their respective governments” to the next meeting.

Review of the MITSC strategic plan

Jamie Bissonette Lewey stated all Commissioners have expressed agreement that the Commission publish a report documenting the differences between the Maine Implementing Act (MIA) and the Maine Indian Claims Settlement Act (MICSA).  Given some recent announcements by the Wabanaki Governments Jamie can foresee MITSC being involved in a period of shuttle diplomacy.  Jamie suggested the Commission schedule meetings with the Chiefs and Tribal Councils.  Jamie invited feedback from the Commissioners.  Dick Gould said people have to sit down and discuss the issues in a clear, direct way.  He remarked that we have to find somebody to bring people together.  Roy Partridge agreed with Dick on a local and national level.  Roy doesn’t know how to do that.  Joan Nass commented that we have to have both sides talking.  Steve Holmes reported on the press conference that took place on Indian Island at 1 pm.  He relayed that the Tribes are going in a different direction.  There is strong resolve among the Tribes.  They are not on the same page as the State.  People gathered at the press conference were upbeat.  They are looking forward to a new chapter in tribal-state relations.  When asked do you think the proposal for the MITSC to meet with Tribal Governments is a good idea Steve answered definitely yes.  He noted there are a lot of conversations going on making such meetings timely.Jamie Bissonette Lewey shared her thinking that at the State level the MITSC is best served meeting with legislative leadership, Judiciary Committee Chairs, and Gov. LePage.  There are also key committees.  The Commission decided that meeting with the Wabanaki Governments is the initial priority.  Jamie is concerned things could happen at the State level that could be quite impactful without Tribal input.  The purpose for meeting with the Tribal Governments is not to ask for anything.  The intent is to listen and possibly act as a liaison.  Jamie asked John Dieffenbacher-Krall to follow up with the Penobscot Commissioners and Matt Dana to determine if they are supportive of pursing meetings with Tribal Governments.  Joan Nass expressed her desire to better understand what is motivating the Tribal Governments’ decision to withdraw their representatives and cut off relations with the State.  She remarked in problem solving, you have to understand the problem.   Jamie Bissonette Lewey responded to Joan that there are economic problems and an education problem.  She continued when we look at relieving oppression, we have to look at structures that keep oppression in place.  Greg Sample said I agree with what Jamie says.  It is a structural problem.  It is a tribal-state relations problem.  The Maine/Wabanaki situation is vastly different than anywhere else in the US.  For Greg, the key phrase here is self-determination.  Self-determination doesn’t exist much in Maine. If internal tribal matters were read more broadly to mean authority over tribal members and tribal lands, it would strengthen self-determination.  Joan commented picking out one law at a time is not working.  Jamie quickly agreed that approach is not working.  Roy Partridge stated a problem is the way we talk about the issues.  We don’t fully describe everything thereby leaving people confused or not fully aware of what precisely is being discussed.  

Dept. Inland Fisheries & Wildlife proposed rule change for Mountain Catcher Pond

John Dieffenbacher-Krall reported on the proposed rule change.  He relayed the history.  On January 16, 2015, Nels Kramer, Regional Fisheries Biologist, emailed John requesting an opportunity to present a rule change for Mountain Catcher Pond to add a prohibition on the taking of live baitfish.  John noted this issue came up at the January 28, 2015 Commission meeting.  He was directed to write a letter to Nels Kramer.  John received an email from Michael Brown, Fisheries Division Director, Maine Department of Inland Fisheries and Wildlife, on May 19 requesting an opportunity to present several proposals.  John Dieffenbacher-Krall responded with a letter dated May 22, 2015 referring to the policy for coordinating rulemaking that the MITSC adopted in November 2013 and a request for Mr. Brown to send the proposed rule changes.  As of the Commission meeting, John had received no response.

Evaluation of the implementation plan to date for the Assessment of the Intergovernmental Saltwater Fisheries Conflict between Passamaquoddy and the S

Jamie Bissonette Lewey told the Commission that we decided we were going to go on the road with the Assessment of the Intergovernmental Saltwater Fisheries Conflict between Passamaquoddy and the State of Maine report.  She said the Commission developed a tight PowerPoint presentation.  Presentations were made to the Inland Fisheries &Wildlife;, Environment & Natural Resources, Marine Resources, and Judiciary Committees.  She observed that the problem became more deeply entrenched this year.  The Passamaquoddy sought to become an exporter of elvers. They went to the US Fish and Wildlife Service for a permit.  When that happened Maine responded with emergency legislation, LD 1027, An Act To Create an Elver Exporter's License.  Jamie described the bill as essentially replicating federal policy.  The bill passed.  Jamie relayed the strong desire of young Passamaquoddy fishers to fish in a traditional way.  When the Passamaquoddy Tribal Government issued sustenance fishing licenses the State took action against the Passamaquoddy fishers.  Jamie noted that sustenance fishing is an internal tribal matter.  She observed the tendency to back burner this issue.  It is then dealt with in a frenzy during February and March just before the elver fishing season is scheduled to open.  Jamie said we have to talk about sustenance fishing.  It is part of the Settlement Act.  She expressed a strong desire to encourage early negotiations on the outstanding issues concerning fishing.  Steve stated fishing is not just recreational.  It is part of our culture.  He continued the Passamaquoddy have been here for thousands of years.  They have been good stewards of the resource.  Steve is frustrated that Tribal knowledge is not being recognized.  Roy responded to Jamie’s suggestion that negotiations begin soon as something the Commission should pursue.  

Scheduling

The Commission expressed a desire to hold the next meeting on June 24 and to approach the Motahkmikuk Tribal Government whether they would be willing to host it.  John Dieffenbacher-Krall was asked to check with Matt Dana to ascertain Motahkmikuk’s willingness to host the next meeting.  

College Horizons events at Bowdoin College

Roy Partridge described some upcoming College Horizons events that will be held at Bowdoin College in June.  Bowdoin College is specifically inviting MITSC Commissioners to attend some of the events.  He will send the Commission information about the events.  Joan Nass moved that the meeting be adjourned.  Roy Partridge seconded the motion.  It   passed unanimously.

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