Postmark: Mar 02,94 3:40 PM Delivered: Mar 04,94 10:01 AM
Status: Previously read
Subject: Subsistence News-3/4/94
*Rural preference for subsistence comes from ANILCA (Alaska National Interest Lands Conservation Act) Section 804. The law reads…”The taking on public lands of fish and wildlife for non-wasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes”.
*Federal District Court Judge Russel Holland, in a recent “tentative order”, has indicated that he will rule in favor of an expanded role for Federal subsistence management in navigable waters.
*Judge Holland references public lands managed for subsistence must be within the State of Alaska as defined within ANILCA.
*The boundaries for the State of Alaska are delineated by the inland waters which extend three miles from the coastline. Beyond the three mile limit the lands/waters are managed by the Bureau of Land Management’s OCS (Outer Continental Shelf) office.
*Judge Holland states that “By limiting the scope of Title VIII (ANILCA Subsistence Management and Use) to non-navigable waters, the Secretary has, 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”.
*The Southeast Regional Advisory Council (RAC) met in Juneau, February 3‑5, 1994.
*The southeast RAC dealt with 17 separate 1994‑95 Season and Bag limit proposals. Successful proposals are forwarded to the Federal Subsistence Board (FSB) for action.
*Testimony before the RAC was presented by rural subsistence users, as well as representatives from Federal and State agencies.
*The Federal Subsistence Board is scheduled to meet in Anchorage, April 11‑15, to act on the various proposals from throughout the ten RAC’s.
*Some of the proposals forwarded to the FSB include: a Yakutat community harvest of 10 cow moose; establish transferrable permits; and allow 1 Brown bear every year.
*Additional proposals from the southeast RAC include: elimination of the boating restriction within portions of the southeast Alaska region; Allow for proxy hunting in some areas; and opening subsistence moose hunting throughout the central portion of southeast Alaska.
*Debra Williams, an attorney with experience in the Carter administration, has been named the new chairperson of the Federal Subsistence Board (FSB).
*A bill was recently introduced in the state legislature to amend the Alaska constitution and grant a rural preference for subsistence. The political climate does not appear favorable for its passage.
*Federal District Court Judge Russel Holland’s “tentative ruling” concerning the Katie John vs. U.S. lawsuit concludes that “public lands” (ANILCA Title VIII) includes all navigable waters in Alaska.
*Holland elaborates, “the navigational servitude extends to all navigable waters in Alaska including coastal waters within the three mile territorial limits.”
*Legal arguments in the Katie John vs. U.S lawsuit are not expected until at least mid‑March. Regardless of the final Federal District Court decision, it is expected the case will be appealed to the U.S. Supreme Court.