Incorporating indigenous rights and environmental justice into fishery management comparing policy challenges and potentials from Alaska and Hawaiʻi

Colonial processes including the dispossession of indigenous lands and resources and the development of Western management institutions to govern the use of culturally important fish resources have served in many ways to marginalize indigenous interests within the United States fisheries. In recent years, several US fishery institutions have begun to develop policies that can confront this colonial legacy by better accommodating indigenous perspectives and rights in fishery management practices. This paper analyzes two such policies: the 2005 community quota entity program in Alaska which permits rural communities (predominantly Alaska Native villages) to purchase and lease commercial halibut fishing privileges and the 1994 State of Hawaiʻi community-based subsistence fishing area (CBSFA) legislation through which Native Hawaiian communities can designate marine space near their community as CBSFAs and collaborate with the state of Hawaiʻi to manage those areas according to traditional Hawaiian practices. The analysis reveals a striking similarity between the trajectories of these two policies. While they both offered significant potential for incorporating indigenous rights and environmental justice into state or federal fishery management, they have so far largely failed to do so. Environmental managers can gain insights from the challenges and potentials of these two policies. In order to introduce meaningful change, environmental policies that incorporate indigenous rights and environmental justice require a commitment of financial and institutional support from natural resource agencies, a commitment from indigenous groups and communities to organize and develop capacity, and careful consideration of contextual and cultural factors in the design of the policy framework.