*On March 18th, Federal District Court Judge H.Russel Holland heard arguments in the Katie John vs. U.S. lawsuit. The case centers on one major issue: should Federal subsistence law apply to navigable waters/fisheries?
*The State of Alaska argued that fishing on Alaska’s rivers and sea coast should remain under their control. The State sees it as a states‑rights issue.
*Until recently, the Federal government has agreed with the state. That all changed when the federal governments attorney argued in court that federal law should apply to at least some navigable waters in the state (i.e., National Park Preserves and Wildlife Refuges).
*Legal arguments focused on questions related to Congressional intent when they passed ANILCA in 1980. The state argues that Congress never meant to include navigable waters/fisheries; If it had, the law would have specified it. Opposing this view, the plaintiffs pointed to language in ANILCA dealing with hunting and fishing rights. The plaintiffs believe that if Congress had not intended the law to apply to navigable waters/fisheries, it wouldn’t have referred to fish in the law.
*Judge Holland did not set a date for a final ruling.
Postmark: Mar 18,94 9:28 AM Delivered: Mar 18,94 10:00 AM
Status: Previously read
Subject: Subsistence News-3/18/94
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Message:
*Under ANILCA (Section 803) subsistence use means “the customary and traditional use by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing or personal or family consumption; and for customary trade”.
*Customary and traditional use means a long established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation. This use plays an important role in the economy of the community.
*Rural means any community or area of Alaska determined by the Federal Subsistence Board (FSB) to qualify as such. Only residents of communities or areas that the FSB has determined to be rural are eligible for the subsistence priority.
*All Alaska is considered rural, “except” Adak, Valdez, the municipality of Anchorage, the Fairbanks North Star Borough, and, also, Homer, Juneau, Kenai, Ketchikan, Seward, Wasilla, and certain areas immediately surrounding these communities.
Postmark: Mar 10,94 8:33 AM Delivered: Mar 11,94 10:02 AM
Status: Previously read
Subject: Subsistence News-3/11/94
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Message:
*The Federal Subsistence Board (FSB) is looking for people willing to serve on the Subsistence Regional Advisory Councils (RAC). The Councils are the primary means by which subsistence users can influence the regulatory and allocation decisions of the FSB.
*Council members are appointed by the Secretary of Interior and Agriculture for three-year terms.
*There are ten RAC across the state that represent the different geographic, cultural, and user diversity.
*Council members represent the subsistence interests of the residents of the region from which they are appointed.
*Carol Jorgensen is the Coordinator for the southeast RAC (Region 1), and Helga Eakon is the Coordinator for the southcentral RAC (Region 2).
*For additional information and or applications to the RAC please consult your Regional/Area-Forest/District Subsistence Coordinator.
