Appeals Court Again Rules Against Penobscot Nation Over River Jurisdiction

MAINE PUBLIC • July 9, 2021

A federal appeals court has again ruled that the boundaries of the Penobscot Nation do not extend to the waters of the Penobscot River near its reservation lands. It's the latest setback for the tribe, which has argued in court for nearly a decade over its authority over the river. The case began in 2012, when the Penobscot Nation took the state to court over asserting its authority over about 60 miles of the river near the tribe's reservation lands. The tribe sought control over hunting, fishing and other activities. Penobscot Nation Chief Kirk Francis says that the tribe never ceded its rights to the river and has long had a cultural connection to it. In 2017, a federal appeals court ruled that the tribe did have sustenance fishing rights in the Penobscot River, and authority over islands within the river -- but not the river itself.