Postmark: May 05,95 8:40 AM Delivered: May 05,95 9:58 AM
Status: Previously read
Subject: Subsistence News-5/5/95
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Message:
*The Federal Subsistence Board (FSB) has ruled that only Alaska’s rural subsistence users are allowed to harvest musk oxen on the Seward Peninsula. This may result in the State of Alaska dropping plans for a sport hunt there.
*Musk oxen have flourished on the peninsula since they were transplanted there by the state in 1970. Biologists estimate the population to be 925 animals.
*The FSB ruled that aboriginal traditions of musk ox harvest were enough to qualify present day rural residents for subsistence use.
*The State of Alaska law requires a subsistence preference for species that “are” traditionally used. While the federal regulations provide subsistence for species that “have been” traditionally used.
*The FSB granted a subsistence harvest of 24 musk ox from federal lands in the region. This total agrees with the proposed cooperative management plan for the herd, and leaves no animals for a sport harvest.
Postmark: Apr 28,95 7:36 AM Delivered: Apr 28,95 10:01 AM
Status: Previously read
Subject: Subsistence News-4/28/95
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Message:
*The 9th Circuit Court ruling in the Katie John v. U.S. lawsuit found that the federal government can protect rural Alaskans subsistence fishing rights on waters passing through federal land within Alaska.
*The court “rejected” an even broader interpretation by U.S. District Court Judge H. Russel Holland, who declared all navigable waters in Alaska to be under federal protection for the subsistence fishing needs of Alaska’s rural residents.
*The 9th Circuit Court ruling has left some important decisions to be made by federal land managers. An example would be whether to protect entire river systems, like the Yukon and Copper Rivers, because the river mouth contains a federal fish and wildlife refuge.
*Recently the Alaska State Appeals Court ruled that the state criminal trespass laws cannot restrict Alaska Natives who hunt walrus at the southwest Alaska wildlife refuge of Round Island. The Marine Mammal Protection Act expressly exempts Alaska Natives from the law. Hunting of marine mammals by non-Natives is illegal under federal law.
*The precedent setting state court ruling on walrus hunting could clear the way for subsistence harvests beyond the October season recently approved by the state Board of Game.
Postmark: Apr 21,95 8:23 AM Delivered: Apr 21,95 10:01 AM
Status: Previously read
Subject: Subsistence News-4/21/95
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Message:
*The 9th Circuit Court of Appeals ruled yesterday, April 20, in the Katie John v. U.S. lawsuit. The court agreed with the federal government (USDA and USDI). The Alaska National Interest Lands Conservation Act (ANILCA), as interpreted by the federal government, includes navigable waters which the federal government holds a reserved water interest.
*The Appeals Court reversed the District Court ruling. The Appeals Court ruled that the federal agencies responsible for managing Title VIII (Subsistence Management and Use) under ANILCA are responsible for administration, and identifying those waters in which the federal government has an interest in the reserved water rights doctrine.
*It is now up to the federal agencies to determine which, if any, navigable waters within the Chugach and Tongass National Forests are included. This effort could take considerable time to assess.
*The 9th Circuit also appealed to the State of Alaska and Congress to come up with a legislative solution to the ongoing dilemma surrounding the subsistence issue.
*Governor Knowles has appointed Fran Ulmer, Lieut. Governor, to work diplomatically with all interests to resolve the long standing subsistence issue.
