Author: Larry Roberts

Subsistence News-2/17/95

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Feb 17,95  8:47 AM          Delivered: Feb 17,95  9:58 AM

Status:    Previously read

Subject: Subsistence News-2/17/95

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Message:

*The U.S. 9th Circuit Court of Appeals has heard final arguments in the Katie John v. U.S. lawsuit. In 1994, Federal District Court Judge H. Russel Holland ruled that federal jurisdiction in managemnt of subsistence fisheries extended to all navigable waters within Alaska. Recently, attorneys for the Federal government argued that jurisdiction should only extend to waters on and around specific Alaskan National Parks and Wildlife Refuges. The court is expected to rule on the appeal by early April.

*The southeast Alaska Federal Subsistence Advisory Council met recently in Hoonah. The council took action on five separate proposals:

  1. Allowed the harvest of one doe in the four deer limit for Prince of Wales Island (GMU-2);
  2. Supported a designated (proxy) deer hunter provision for all southeast Alaska;
  3. Supported the continuation of the antler restriction on Stikine River moose;
  4. Supported the designated (proxy) moose hunter provisions for residents of Yakutat, but amended the proposal limiting it to those over age 55 or physically disabled; and
  5. Supported the reopening of marten, mink, and weasel trapping on Chichagof Island, but amended the proposal to apply vehicle restriction on trapping to the entire island.

Subsistence News-2/10/95

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Feb 07,95  8:10 AM          Delivered: Feb 10,95  9:59 AM

Status:    Previously read

Subject: Subsistence News-2/10/95

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Message:

*The Southeast Subsistence Regional Advisory Council (RAC) public meeting took place in Hoonah, Alaska, betwwen Feb.8-10. Agenda items included: proposals for 1995-96 subsistence hunting regulations; staff and committee reports; Customary and traditional Use eligibility process updates; annual report; Regional Council Charter renewal; and other business.

*Applications for membership on the Federal Regional Advisory Councils must be submitted to the Federal Subsistence Board (FSB). Appointed members serve a three year term. Applications must be submitted to the FSB on or before Feb. 28, 1995.

*Alaska Natives are expected to sponsor legislation to amend ANILCA and ANCSA to place their land holdings under the federal subsistence program.

*A Notice is to be published in the Federal Register requesting a 60 day comment period on FSB jurisdiction of subsistence management on state and private lands.

*The primary goal of the FSB is to assure rural subsistence users have a priority over all other hunters in Alaska.

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).