The National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (FWS) have received numerous inquiries related to Alaska Native marine mammal harvest eligibility and policy under the Marine Mammal Protection Act (MMPA). Eligibility is governed by section 101(b) of the MMPA and regulations developed by both FWS (at 50 C.F.R. § 18.3) and NMFS (at 50 C.F.R. § 216.3). The eligibility requirements have not changed, but NMFS and FWS are expeditiously working together to review those requirements. We’d like to provide an update on that process – what you can expect next – as well as a clarification of where we are now. 

The core of this issue involves whether eligibility is determined solely based on blood quantum and what factors are relevant for assessing eligibility in the absence of proof of a minimum blood quantum. The Department of the Interior’s Office of the Solicitor is evaluating this issue from a legal perspective in coordination with NOAA’s Office of General Counsel. We expect their legal guidance will serve as a foundation for FWS and NMFS to work with our Alaska Native Organization co-management partners, Alaska Native Tribes, and others in an inclusive process to clarify and develop official guidance that is consistent across both Services under the current regulations and, if necessary, amend our implementing regulations. 

Until new policy or guidance is in place, Office of Law Enforcement personnel for NMFS and FWS will continue to follow existing policy and practice. We understand the importance of this review and process to hunters, Tribes, and Alaska Native Organizations across the state, and we also recognize how essential it is to provide clarity on eligibility while respecting Alaska Native cultural traditions and supporting shared conservation goals, including the need to ensure subsistence harvest levels are sustainable. We appreciate your patience, continued engagement, and partnership. You can expect to hear from us very soon on the following next steps:  

• Comprehensive legal interpretation expected in December.
• Consultations and meetings begin December 2024 and continue into 2025.

*Subsistence-harvested marine mammals under NMFS jurisdiction include harbor seals, Steller sea lions, ringed seals, bearded seals, ribbon seals, spotted seals, northern fur seals, beluga whales, and bowhead whales. Sea otters, walrus, and polar bears are under the jurisdiction of FWS. 

  eligibility, harvest, noaa, update