Scandinavia TRADITIONAL FISHING Salmon Sans Borders Fishing for salmon along the Deatnu or Tana river has long been fundamental to the culture of the indigenous Sámi people along the Finland-Norway border ishing for salmon (Salmo Danish-Norwegian jurisdiction. This salar) along the over 200-km had consequences for the territorial Fwatercourse on the border of division of the Tana river valley too. Finland and Norway, called Deatnu From then until the present border (in the Sámi language) or Tana (in was drawn in 1751, Denmark-Norway Norwegian), has been going on for at had exclusive jurisdiction over the least 7,000 to 8,000 years, or for as long lowest 30-40 km of the river. Juridical as human existence after the last Ice and clerical jurisdiction over the rest Age. The Tana river valley is situated in of the valley belonged to the Swedish an area in which the Sámi are the oldest realm. But the Sámi still had to pay known ethnic group. Sámi culture, as taxes to Denmark-Norway. it exists in northern Scandinavia and Until 1809, Finland belonged to 4 the northwestern parts of Russia, is at Sweden. Then it became a Grand Duchy least 2,000 to 3,000 years old. Salmon under the Russian Tsar. The border fishing remains a fundamental part along the Tana watercourse became the of Sámi culture on both sides of the border between Finland and Norway. Finland-Norway border. Neither this change, nor the separation The first written sources from this of Norway from Denmark in 1814 river district date to the end of the 16th and its union with Sweden, had any century. They show that none of the obvious impacts on the salmon fishing surrounding States had gained sole carried out by the predominant Sámi population of the Tana river valley. Through an additional paragraph ttoo the border treaty of 1751 ‘1ste Codicil ...the Sámi–from mid-Scandinavia and northwards—were oog tillägg’ (The first Codicil with accorded the right to continue to use the land and waters AAdditional paragraphs), later called on both sides of the new border. ttheh Lapp Codicil, the Sámi—from mid- SScandinavia and northwards—were aaccorded the right to continue to use ththe land and waters on both sides of the susupremacypremacy of tthehe TTanaana ririverver vavalleylley oorr nnew border. the Sámi who lived there. Fishing and The States that drew up this hunting, especially of wild reindeer, extensive document of rights, consisting were important. By the start of the 17th of 30 paragraphs, acknowledged the century, the Sámi had established an Sámi as a people of their own with ownership-like grip over the salmon fundamental rights and a right to a This article, by Steinar Pedersen fishery. future. They, therefore, agreed to ([email protected]), Soon after 1595, Russia stopped create rules to secure the future of ‘den Principal at the Sámi University College, demanding taxes from the Sámi in Lappiske Nation’ (the Sámi nation), Norway, builds on the following of his earlier works: Laksen, allmuen og staten–Fiskerett og this area. After the Denmark-Norway even though a border had been drawn forvaltning i Tanavassdraget før 1888. Die ut and Sweden-Finland wars in 1611-12, it straight through their areas of use. nr. 2, 1986. Kautokeino, and Lappekodisillen was agreed, at peace talks in 1613, that i Nord 1751-1859–Fra grenseavtale og sikring the coastal and fjord areas of what is Reindeer herding av samenes rettigheter til grensesperring og now the northernmost part of Norway Most of the regulations in the Lapp samisk ulykke. Die ut nr. 3–2008. Kautokeino should be exclusively placed under Codicil are related to reindeer SAMUDRA REPORT NO. 54 TRADITIONAL FISHING husbandry. This is probably because the along the Tana river to claim, for the reindeer-herding Sámi was the group first time, private land properties. of Sámi who most needed to get their Paragraph 6 of the Land Acquisition access to grazing pastures secured on Resolution is of special importance both sides of the border. Sámi salmon as it evolves around the juridical fishery was not explicitly mentioned rights to salmon fishing in the Tana in the Lapp Codicil. Yet the traditional watercourse: “The goods which have so salmon fishing in Deatnu continued, far been common to whole districts or as if the border had never been drawn. Among other things, new co-operative forms and methods of fishing were ...new co-operative forms and methods of fi shing were developed, with the Sámi on both sides developed, with the Sámi on both sides of the river of the river fishing together, indifferent fi shing together, indifferent to the borderline or which to the borderline or which country they country they belonged to. belonged to. This is in line with the structural principle of the Lapp Codicil, namely, that it should secure the material tthto the general l population, ltibthfih be they fish foundations of Sámi culture. There in the sea or the great rivers, as well as are many other examples of the Lapp docking places and such, will remain Codicil playing an important role in available for general use.” securing both rights and administration This meant that salmon fishing within the salmon fishing sphere. was secured and could be carried out The Danish-Norwegian authorities as before, without being hindered argued, at the end of the 18th century, by private land claims along the that the 1751 regulations were central watercourse. It also meant that the 5 juridical fundaments for the salmon general principle in Norway, by which a fishing rights of the settled Sámi on the landowner along a lake or watercourse Norwegian side of the border. also owns the fishing rights adjacent In 1852, the most important to his or her property, would not be provisions of the Lapp Codicil were applied in this case. This was clearly disregarded, and the border between in favour of the common Sámi fishing Norway and Finland was closed for methods used then. reindeer crossings. There were several In 1888, however, the Norwegian reasons for this: the growth in the parliament passed an act which tied population of reindeer owned by the fishing rights to land ownership. Norwegian Sámi who used Finnish KJELL SAETER territory during winter; restrictions imposed by Norwegian authorities on fishing by Finnish citizens in the fjords and coast of northern Norway; diplomatic pressure from Britain on Sweden and Norway not to give undue concessions in negotiations with Russia and Finland; and growing Norwegian nationalism, which led to greater disregard of the Sámi rights laid down in the Lapp Codicil. Salmon fishing, however, remained unaffected, and writings from the 188os indicate that the Lapp Codicil remained a juridical fundament for Sámi salmon fishing in the Tana river. In 1775, the king in Copenhagen introduced the Land Acquisition Resolution, which soon gained legal force and allowed the people living A salmon caught more than 200 km from the river mouth. Salmon fi shing is a fundamental part of Sámi culture on both sides of the Finland-Norway border NOVEMBER 2009 SCANDINAVIA KJELL SAETER The act accorded sole law was passed, also to ensure that any fishing rights in the Tana possible rights of which the Norwegian river to those living in parliament was unaware in 1888 should the river area, either on remain. their own or on leased The permission to allow ‘others’ to land. These were the so- fish with rods for a fee brings up the called ‘entitled owners question of ‘others’. Were these the of fishing’. Additionally, remainder of the valley’s inhabitants it was laid down that the who did not own land, or were they bailiff could allow others visitors? Written records indicate that to fish with rods, for a the ‘others’ were people who travelled fee. in the region, namely, visitors, those Nonetheless, this did who did not belong to the Tana river not mean that the old valley. Neither in the law of 23 July principle of collective 1888 nor in the Royal Resolution fishing rights for the of 4 May 1872—when, for the first inhabitants of the Tana time, it was officially stated that the river valley was broken. bailiff could grant permission for The collective principle angling—is the right of the rest of the was emphasized in the valley’s inhabitants to fish with rods preparatory work for the mentioned. The regulations were only act. It was pronounced meant to secure the admittance of the that salmon fishing until few anglers (tourists) who visited the 1888 had been carried area. out in accordance with Clearly, the ‘others’ clause was 6 the regulations of 1775, introduced only because the authorities Kjell Saeter, the mayor of Karasjok, Norway. Laws have ensured that fi shing is not hindered by private land claims and that the right to fish considered the fundamental rights had been “...considered of the valley’s inhabitants as already Common for the general established. There was no contradiction population along the river, in the between Paragraph 6 in the Land Valley, from the Mouth of the River to Acquisition Resolution of 1775, and the its Outflow”. stipulation of land ownership to obtain Why then did the authorities fishing rights in the law of 1888. regard it necessary to approve a Over a hundred years have new law concerning fishing rights passed since the law of 1888 and it is, in the watercourse, and link it to therefore, likely that both customs and land ownership? It was due to the conceptions of justice have changed. felt responsibility to protect the The true growth of the local hook-and- fishing rights of the population in the line rod fishing occurred at the end of valley—mainly Sámi—against large the 19th century, after the law of 1888 and uncontrolled competition from had gained legal force.