Subsistence News-11/17/95

To   Subsistence 2

From:      Larry Roberts

Postmark:  Nov 13,95  3:40 PM          Delivered: Nov 13,95  3:40 PM

Subject: Subsistence News-11/17/95

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Message:

*Alaska’s Lt. Governor, Fran Ulmer, wants to describe her “quiet diplomacy” approach to the subsistence dilemma as a “concept” rather than a plan. Her concept includes: possible amendments to the state constitution; amendments to the Alaska National Interest Lands Conservation Act (ANILCA); and other possible changes to state fish and game regulations.

*One of the changes considered in the ongoing subsistence debate is the proposal to amend Section 807 of ANILCA. The current section of the law deals with judicial enforcement. As currently written, if the State or Federal govt. do not fulfill their legal obligations under the law, individuals are allowed the opportunity to pursue legal recourse in the US District Court. The State of Alaska would like to modify or eliminate this provision of the law. At this time, it is unlikely that Section 807 of ANILCA would be modified by Congress.

*A common myth associated with the subsistence debate is that the state compact guarantees the State control of fish and game on federal lands. This myth assumes the Alaska State Constitution has supremacy over ANILCA. For such an argument to succeed, federal courts would need to conclude that the State Constitution was forever supreme over federal law. This is highly unlikely.