Subsistence News-1/27/95

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Jan 26,95  9:28 AM          Delivered: Jan 27,95 10:01 AM

Status:    Previously read

Subject: Subsistence News-1/27/95

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Message:

*Recently, Alaska’s governor, Tony Knowles, dropped the state lawsuit challenging the federal government’s authority to manage subsistence hunting and fishing on Alaskan federal lands (Alaska v. Babbitt). However, the governor plans to continue the appeal of the Katie John v. U.S. lawsuit. The decision in this latter lawsuit extended federal subsistence management to fisheries in navigable waters of the state.

*Native plaintiffs and leaders in the Katie John lawsuit believe the federal government should manage subsistence fisheries in all navigable waters, while the federal government says it should do so only in waters of select National Parks and Wildlife Refuges. The State of Alaska contends that the federal government’s authority should not extend to fisheries or related issues.

*The Ninth Circuit Court of Appeals unanimously denied the petition for rehearing of Quinhagak, et.al. v. U.S. The Native community had requested a “preliminary injunction” against the U.S. in order to preclude state and federal prohibitions against taking rainbow trout from freshwater rivers for subsistence purposes. The court may have denied the appeal because the Federal Subsistence Board (FSB) lifted the prohibitions against such fishing in 1993.

*Dale Kanen,Sitka Subsistence Manager,was named Craig District Ranger.