What It Is:
The NPFMC is one of eight regional councils established under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to manage fisheries in federal waters (3 to 200 miles offshore) off the coast of Alaska. It oversees some of the largest and most economically valuable fisheries in the U.S., including pollock, cod, halibut, crab, and groundfish in the Bering Sea, Gulf of Alaska, and Aleutian Islands.

What the Council Does: The NPFMC develops and recommends regulations to NOAA Fisheries for:

• Setting harvest quotas and catch limits

• Managing bycatch (e.g., salmon, halibut, crab)

• Defining gear types and fishing seasons

• Protecting marine habitats and ecosystems

• Creating limited entry and quota programs

• Monitoring and enforcement systems

• Supporting community development and access

These decisions are based on scientific data and public input, and they directly affect subsistence, commercial, and recreational fisheries across Alaska

Council Structure:

• 15 Members Total

  • 11 Voting Members: Appointed by the Secretary of Commerce, including representatives from Alaska, Washington, Oregon, NOAA, and industry sectors.

  • 4 Non-Voting Members: Represent federal agencies like the U.S. Coast Guard, U.S. Fish & Wildlife Service, and State Department.

Tribal Representation:
Currently, there are no designated tribal seats on the Council. Tribal concerns are often filtered through state agencies or public testimony, which has led to calls for direct representation.

Why It Matters for Tribes: The NPFMC has enormous influence over salmon bycatch, trawl impacts, and access to marine resources that are vital to Alaska Native subsistence and cultural practices. Yet, Indigenous communities have no formal voice in Council decisions.

Tribal leaders and organizations, including TCC, AVCP, Kawerak, and Tlingit & Haida, have repeatedly called for:

• Voting tribal seats

• Bycatch accountability

• Recognition of Traditional Ecological Knowledge (TEK)

• Subsistence protections in federal fisheries policy

Key Programs & Issues:

• Community Development Quota (CDQ) Program: Created by the Council to give Western Alaska communities access to Bering Sea fisheries and promote economic development.

• Chum & Chinook Salmon Bycatch: A major issue in the Bering Sea pollock fishery, with devastating impacts on Yukon and Kuskokwim River communities.

• Climate Change & Ecosystem-Based Management: The Council is shifting toward ecosystem-based approaches, but tribal knowledge and climate resilience strategies are still underrepresented.

How Tribes Can Engage:

Submit public comments
Testify at Council meetings
Join advisory panels or plan teams
Advocate for tribal seats and policy reforms
Monitor Council actions on bycatch, habitat, and quotas

What It Is:
NOAA is a federal science and regulatory agency within the U.S. Department of Commerce. It is responsible for understanding and predicting changes in climate, weather, oceans, and coasts—and for conserving and managing marine ecosystems and resources. NOAA plays a major role in fisheries management, marine mammal protection, climate resilience, and tribal consultation in Alaska.

NOAA operates through several key offices that impact Alaska Native communities:

• National Marine Fisheries Service (NMFS): Manages commercial, recreational, and subsistence fisheries in federal waters, including salmon, halibut, and crab.

• Office of Protected Resources: Oversees marine mammal and endangered species protections.

• National Weather Service (NWS): Provides forecasts and warnings for extreme weather events.

• Office of Oceanic and Atmospheric Research (OAR): Supports climate and ocean science.

• National Ocean Service (NOS): Focuses on coastal resilience and habitat conservation.

Tribal Engagement & Co-Management

NOAA is legally required to consult with federally recognized Tribes under Executive Order 13175. In Alaska, NOAA Fisheries has developed a Tribal Consultation Protocol to guide respectful, government-to-government engagement.

Marine Mammal Co-Management

Under Section 119 of the Marine Mammal Protection Act, NOAA can enter into co-management agreements with Alaska Native Organizations (ANOs) to:

• Monitor subsistence harvests

• Conduct joint research

• Share Traditional Knowledge (TK)

• Develop conservation strategies collaboratively

These agreements recognize Alaska Native stewardship and support sustainable harvests rooted in cultural practice.

Climate Resilience & Tribal Support

NOAA partners with Alaska Native organizations like the Alaska Native Tribal Health Consortium (ANTHC) to address climate impacts such as erosion, flooding, and permafrost thaw. Through programs like Sea Grant, NOAA provides funding and technical assistance for community-led adaptation and planning.

Why It Matters for Tribes:
NOAA’s decisions affect access to marine resources, subsistence rights, and climate resilience. Tribal advocates can engage through:

• Co-management agreements

• Tribal consultations

• Public comment on fisheries plans

• Climate adaptation partnerships

Key Legal Authorities

• Magnuson-Stevens Fishery Conservation and Management Act: Governs federal fisheries and requires NOAA to consult on essential fish habitat.

• Marine Mammal Protection Act (MMPA): Protects marine mammals and allows subsistence harvests by Alaska Natives.

• Endangered Species Act (ESA): Requires NOAA to protect listed marine species and consult with Tribes on impacts.

• Executive Order 13175: Mandates meaningful consultation with Tribes on federal actions affecting them.

Federal Proposal Processes for Subsistence Management in Alaska

NOAA Fisheries Proposal Process

What It Is:
NOAA Fisheries manages marine resources in federal waters (3–200 miles offshore), including commercial, recreational, and subsistence fisheries. Tribes can engage through regional councils, tribal consultation, co-management agreements, and public comment.

Ways to Engage:

1. Submit Proposals via the North Pacific Fishery Management Council (NPFMC)

• Tribes can propose changes to federal fishery regulations (e.g., gear types, seasons, quotas).

• Proposals are reviewed by technical committees and voted on by the Council.

• Final recommendations go to NOAA Fisheries for approval.

2. Tribal Consultation

• Tribes can request formal consultation under Executive Order 13175.

• Contact NOAA’s Alaska Tribal Coordinator: Amilee.Wilson@noaa.gov NOAA Tribal Consultations

3. Co-Management Agreements

• Under the Marine Mammal Protection Act, NOAA can enter into co-management agreements with Alaska Native Organizations.

• These agreements support joint research, monitoring, and subsistence harvest management.

4. Public Comment on Proposed Rules

• NOAA publishes proposed regulations in the Federal Register.

• Tribes and the public can submit comments online at regulations.gov

Why It Matters for Tribes:
Federal proposal processes allow Tribes to shape subsistence policy, protect access to culturally vital species, and assert stewardship. These systems prioritize rural subsistence users, but tribal engagement ensures Indigenous knowledge and rights are respected.

Passed: 1976
What It Does:
MSA is the primary federal law governing fisheries in U.S. ocean waters (3–200 miles offshore). It:

• Created eight Regional Fishery Management Councils, including the North Pacific Fishery Management Council (NPFMC) for Alaska

• Requires science-based management to prevent overfishing and rebuild depleted stocks

• Promotes stakeholder participation, including Tribes

Why It Matters for Tribes:
MSA has historically lacked tribal representation. Recent efforts aim to add tribal voting seats to the NPFMC and recognize subsistence fishing as a priority. Tribes can engage through council meetings, public comment, and proposed amendments.

Citation: Public Law 96-487 (1980)
What It Does:
ANILCA protected over 100 million acres of federal land in Alaska and created a rural subsistence priority on federal lands and waters. Title VIII:

• Guarantees subsistence access for rural residents

• Created the Federal Subsistence Board (FSB) and Regional Advisory Councils (RACs)

• Requires federal agencies to consider subsistence in land use decisions

Why It Matters for Tribes:
ANILCA is the strongest federal protection for subsistence, but it defines eligibility by rural status, not tribal affiliation. Tribes must engage in FSB proposals, RACs, and consultation to ensure Indigenous rights are upheld.

Citation: Public Law 92-203 (1971)
What It Does:
ANCSA extinguished Alaska Native land claims and created 12 regional and over 200 village corporations to receive 44 million acres and $962.5 million. It:

• Replaced reservations with corporate land ownership

• Did not protect hunting and fishing rights

• Created a complex system of surface and subsurface land ownership

Why It Matters for Tribes:
ANCSA left many Tribes landless and without guaranteed subsistence rights. It shifted tribal governance toward corporate structures, complicating sovereignty and stewardship. ANILCA was later passed to address subsistence gaps left by ANCSA.

Passed: 1972
What It Does:
MMPA protects marine mammals from harassment, hunting, and depletion. It includes:

• An Alaska Native exemption for subsistence harvest and handicrafts

• Section 119, which allows co-management agreements between Tribes and federal agencies (NOAA & FWS)

Why It Matters for Tribes:
MMPA supports tribal co-management of species like seals, whales, and walrus. However, current rules limit harvest eligibility to those with ¼ Alaska Native blood quantum, excluding many descendants. Tribes are advocating to change this definition.

Passed: 1973
What It Does:
ESA protects species at risk of extinction and their habitats. It requires:

• Federal agencies to consult with NOAA or FWS before actions that may affect listed species

• Consideration of tribal conservation plans and impacts on tribal lands

Why It Matters for Tribes:
ESA can restrict subsistence access if species are listed. Tribes can engage through Section 7 consultations, submit conservation plans, and apply for funding to support ESA compliance and habitat restoration.

Issued: 2000
What It Does:
EO 13175 requires federal agencies to:

• Consult Tribes on policies with tribal implications

• Respect tribal sovereignty and the government-to-government relationship

• Avoid unfunded mandates and preemption of tribal law

Why It Matters for Tribes:
EO 13175 is the foundation for tribal consultation across all federal agencies. It ensures Tribes have a voice in decisions affecting subsistence, land, and culture. Agencies must develop consultation plans and designate tribal liaisons.