Postmark: Apr 29,94 8:34 AM Delivered: Apr 29,94 10:02 AM
Status: Previously read
Subject: Subsistence News-4/29/94
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Message:
*On February 11, President Clinton signed Executive Order #12898. The new E.O. is titled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”. Section 4-4 deals with Subsistence Consumption of Fish and Wildlife. Section 4-401 directs Federal agencies to “collect, maintain, amd analyze information on consumption patterns of populations who principally rely on fish and/or wildlife for subsistence. Federal agencies shall communicate to the public the risk of those consumption patterns”.
*The Federal Subsistence Board (FSB) met in Anchorage during the week of April 11th. The FSB acted on 1994-95 Season and Bag Limit proposals.
*Action taken by the FSB includes: Banning aerial wolf hunting on federal public lands; directed subsistence staff to develop statewide proxy hunting regulations for the 1995-96 season; closed martentrapping season on Chichagof Island; and increased the allowable harvest of brown bear, and modified regulations for moose, in the Yakutat area.
*There is some discussion within the state legislature to recommend amending ANILCA. There are some who would like to delete the rural preference provisions for subsistence.
Postmark: Apr 19,94 1:13 PM Delivered: Apr 22,94 10:01 AM
Status: Previously read
Subject: Subsistence News-4/22/94
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Message:
*The March 30th, 1994, Katie John vs. U.S. decision has been “stayed” for at least 60 days to allow for possible appeals to the Ninth Circuit Court of Appeals.
*In the appeal of the decision there are two controlling questions which need to be addressed: (1) Does ANILCA section 805(a) [Land and Regional Participation] and 1314 [Taking of Fish and Wildlife] fail to empower the Secretaries of Interior and Agriculture to implement Title VIII of ANILCA?; and (2) Does the term “public lands”, as defined by Title VIII of ANILCA, include navigable waters within the State of Alaska?
*Should the Appeals Court uphold (rule in favor of) judge Holland’s decision, this will “preclude the state of Alaska from managing fish resources in navigable waters throughout the state of Alaska for subsistence purposes.”
*It will also require the Secretaries of Interior and Agriculture, through the Federal Subsistence Board, to immediately take over and implement Title VIII of ANILCA in navigable waters in the state of Alaska.
Postmark: Apr 15,94 8:07 AM Delivered: Apr 15,94 10:03 AM
Status: Previously read
Subject: Subsistence News-4/15/94
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Message:
*Senator Ted Stevens spoke before the Alaska State Legislature on April 7th. He reminded the joint session of the legislature that “we have federal management” of fish and wildlife on public lands in Alaska.
*The senator suggested that the federal government may ban all hunting on Alaska’s federal lands unless the state reconcils their constitution with ANILCA’s rural preference mandate.
*March 31st, Federal District Court Judge H. Russel Holland ruled in the Katie John vs. U.S. lawsuit that the Secretaries (Interior and Agriculture), not the State of Alaska, are “entitled to manage fish and wildlife on public (federal) lands in Alaska for purposes of Title VIII of ANILCA.”.
*In Katie John vs. U.S., the court ruled that the Secretaries interpretation of federal public lands was in error. Judge Holland ruled that public lands includes all navigable waterways in Alaska.
*The court has allowed for a 60 day stay on the Katie John vs. U.S. decision pending possible appeals.
