Subsistence News-2/3/95

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Feb 02,95  2:12 PM          Delivered: Feb 03,95 10:01 AM

Status:    Previously read

Subject: Subsistence News-2/3/95

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Message:

*Republican lawmakers within the Alaska state legislature have hired Robert Bork, noted constitutional attorney and former Supreme Court nominee, to intercede for the state with the Ninth Circuit Court of Appeals. They want to convince the court that the State v. Babbitt lawsuit should not be dropped. Recently, Governor Tony Knowles announced the state was dropping the appeal of the State v. Babbitt lawsuit.

*Potential options currently open to Alaska Governor Tony Knowles concerning subsistence:

1. press for federal legislation to amend ANILCA-not likely to succeed;
2. press for a state constitutional amendment through the state legislature-not likely to succeed;
3. pursue litigation-not likely to succeed;
4. pursue executive actions to defuse the subsistence dilemma-this might be successful.

*Actions which have the potential to defuse the subsistence dilemma: propose a referendum on subsistence; campaign to educate the public and build support for ANILCA subsistence compliance; avoid mitigation of the Federal Subsistence Management Program; Reform the Boards of Fish and Game process; Develop strategic proposals to phase in ANILCA compliance; Negotitate a co-management agreement with the Federal Subsistence Board (FSB) to the extent possible (ANILCA 809).