The trial of Reuben and Rosalie Loewen versus the State of Alaska Department of Natural Resources began proceedings Monday in Haines court. The case stems from a dispute between the Loewens, private landowners, who live on the Chilkoot River and locals who use the river for subsistence hooligan fishing.
Tlingit people have been hooligan fishing at the disputed location for centuries, says Kristen Miller, an attorney representing some of the state’s co-defendants. She says they will argue over the next several days that the fishermen should be able to have unhindered access to the spot. Hooligan season typically lasts for about a week in late April and early May.
The Loewens say they are stewards of the river and are trying to preserve the waterway by restricting vehicle access to the spot, which is just south of the Chilkoot River bridge. The Loewens say they don’t mind people fishing if they walk down to the spot instead of driving.
The conflict started a few years ago. It came to a head last year when the Loewens tried to block vehicles by placing a boulder in the middle of the path leading to the fishing spot. A group of subsistence users removed the boulder, and a verbal altercation ensued.
The boundaries and state right of way in the area are not clearly designated, so it’s unknown who exactly owns or has the right to access the land. The Loewens filed the accretion lawsuit against the state to clarify ownership. The state’s co-defendants include Sealaska Corp., the Alaska Native Brotherhood Haines Camp 5, and the Chilkoot Indian Association
Attorney Daniel Bruce is representing the Loewens. He called eight witnesses Monday, including Rosalie and Reuben, along with Lutak residents.
Miller had a list of more than a dozen witnesses representing various Native groups, including the Chilkoot Indian Association and the Alaska Native Brotherhood.
The trial is expected to last three days. Judge Phillip Pallenberg is residing.
Editor’s note: This story’s been updated to correct who attorney Kristen Miller is representing. She’s not an attorney for the state, but for some of the state’s co-defendants: Sealaska Corp., the Alaska Native Brotherhood Haines Camp 5 and the Chilkoot Indian Association.
