Subsistence News-9/15/95

Written by Larry Roberts on . Posted in Alaska, Subsistence News. Leave a Comment

To   Subsistence 2

From:      Larry Roberts

Postmark:  Sep 14,95  3:02 PM          Delivered: Sep 14,95  3:02 PM

Subject: Subsistence News-9/15/95

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Message:

*The WO conducted an R10 Subsistence Management Program Review August 7-9, 1995.

*Objectives: 1.USDA responsibilities under ANILCA Title VIII; 2.effectiveness of FS relationships with other federal & state agencies; 3.determine subsistence users’ perspective of the program; 4.assess costs & projected staffing/funding needs; and 5.relationship and effect on the following FS programs-wildlife & fisheries; law enforcement; Alaska Native Liaison; other.

*Factors inhibiting FS subsistence program effectiveness:

  1. inadequate funding/staffing;
  2. inconsistent Federal Subsistence Board (FSB) representation;
  3. lack of consistent communications among the various staff, line, etc;
  4. inadequate integration of subsistence in all aspects of NFS lands;
  5. inadequate strategic planning among agency leaders;
  6. lack of subsistence profile within USDA-WO;
  7. continued federal agency struggle with the subsistence structure; and
  8. the role of the Regional Alaska Native liaison in subsistence management.

*The R10 Subsistence Action Plan specifically addresses the factors inhibiting the subsistence program, and recommends ways to resolve them.

Subsistence News-9/8/95

Written by Larry Roberts on . Posted in Alaska, Subsistence News. Leave a Comment

To   Subsistence 2

From:      Larry Roberts

Postmark:  Sep 08,95  7:45 AM          Delivered: Sep 08,95  7:45 AM

Subject: Subsistence News-9/8/95

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Message:

*Under Section 119 of the Marine Mammal Protection Act, the National Marine Fisheries Service (NMFS) is responsible for the health of whales, porpoises, dolphins, seals, and sea lions.

*The U.S. Fish and Wildlife Service (FWS) is responsible for sea otters, polar bears, and walrus.

*The SE Alaska Federal Subsistence Regional Advisory Council is scheduled to meet in Craig, Alaska, Sept.28-30. Preliminary agenda items include proposals to change federal subsistence regs; customary and traditional use determinations; and a Tongass Land Management Plan revision update.

*The draft FY96 work plan for the Exxon Valdez Oil Spill outlines important subsistence restoration activities. Planned work includes restoration efforts dealing with clams, harbor seals, octopus, Pacific herring, pink salmon, sea otters, and sockeye salmon. Recommended FY96 expenditures for subsistence total $1,399,800.

*In SE Alaska, Native households are more likely to give and to receive resources obtained through their harvesting. They are also more likely to share the following characteristics: obtain at least 25% of their food from at least five different resource harvesting activities, and have incomes below $10,000. per capita.

Subsistence Management Notes – No. 4

Written by Larry Roberts on . Posted in Alaska, Subsistence Management Notes. Leave a Comment

On March 30th, 1994, in a decision that could fundamentally change the role the State of Alaska has traditionally played in the management of fisheries resources, Federal District Court Judge H. Russel Holland ruled that the State of Alaska did not have the authority to regulate subsistence fisheries within navigable waters of the state.

Judge Holland referenced public lands managed for subsistence must be within the State of Alaska as defined within ANILCA. These boundaries are delinated by the inland waters (i.e., most lakes, streams, rivers, and salt water areas) which extend three miles from the coastline.

In his ruling, Judge Holland stated that, “By limiting the scope of Title VIII (of ANILCA) to non-navigable waters”, the Secretaries of Interior and Agriculture have, “to a large degree, thwarted Congress’ intent to provide the opportunity for rural residents engaged in a subsistence way of life to continue to do so.”

Judge Holland’s ruling is the latest in a series of long and complicated legal challenges between the state and federal agencies over the question of subsistence management. The precedent setting decision came in the case of two Athabascan elders, Katie John and Doris Charles, who wanted to be able to subsistence fish at their traditional camp along the Copper River of Alaska’s interior. The two women sued the federal government, arguing federal agencies have the responsibility to ensure subsistence rights under ANILCA.

  1. The court ruling addressed two broad questions: Who is entitled to manage subsistence fisheries under ANILCA?; and
  2. Where does ANILCA apply?

The “who” question is rooted in federal law which mandates a rural preference for the taking and use of subsistence resources. While state law allows all Alaskans equal access to these resources, regardless of where they live.

In answering the “where” question, judge Holland ruled that the federally mandated rural preference should apply to all navigable and non-navigable waters within the state.

Judge Holland granted a 60 day “stay” order on the decision. This is to allow for possible appeals to the Ninth Circuit Court. Should the Ninth Circuit 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.