Postmark: Nov 22,95 8:10 AM Delivered: Nov 22,95 8:10 AM
Subject: Subsistence News-11/24/95
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Message:
*The Exxon Valdez Oil Spill Trustee Council sponsored a Community Conference on Subsistence and the Oil Spill in Anchorage, Sept.22-23. It was designed to improve communications between researchers and communities, and among the communities in the spill region.
*Conference participants developed ideas for using local knowledge to help resources recover and for “reinvigorating subsistence.” Ideas included arranging for Native elders to educate scientists about local resources, development of internship programs to train locals in western research methods, and the maintenance of local journals of observations about the changing ecosystem.
*Another major theme of the conference was the importance of self reliance and the need to pursue other aspects of subsistence restoration independent of the Trustee Council. Spiritual healing was mentioned as one aspect.
*Fran Ulmer, Alaska’s Lt. Governor, responded to a question, “Is the rural preference [for subsistence] a Native preference?” The subsistence law at the State and Federal level is not racially based. A majority of the state’s rural residents are non-Native (55%). With the exception of some harvesting of marine mammals and migratory birds,little or no racial distinction is made in state or federal law.
Postmark: Nov 13,95 3:40 PM Delivered: Nov 13,95 3:40 PM
Subject: Subsistence News-11/17/95
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Message:
*Alaska’s Lt. Governor, Fran Ulmer, wants to describe her “quiet diplomacy” approach to the subsistence dilemma as a “concept” rather than a plan. Her concept includes: possible amendments to the state constitution; amendments to the Alaska National Interest Lands Conservation Act (ANILCA); and other possible changes to state fish and game regulations.
*One of the changes considered in the ongoing subsistence debate is the proposal to amend Section 807 of ANILCA. The current section of the law deals with judicial enforcement. As currently written, if the State or Federal govt. do not fulfill their legal obligations under the law, individuals are allowed the opportunity to pursue legal recourse in the US District Court. The State of Alaska would like to modify or eliminate this provision of the law. At this time, it is unlikely that Section 807 of ANILCA would be modified by Congress.
*A common myth associated with the subsistence debate is that the state compact guarantees the State control of fish and game on federal lands. This myth assumes the Alaska State Constitution has supremacy over ANILCA. For such an argument to succeed, federal courts would need to conclude that the State Constitution was forever supreme over federal law. This is highly unlikely.
Postmark: Nov 09,95 8:33 AM Delivered: Nov 09,95 8:33 AM
Subject: Subsistence News-11/9/95
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Message:
*There is cautious optimism by some within the Governor’s office that a legislative remedy may be at hand for the ongoing subsistence impasse. Some believe the Lt. Governor’s “quiet diplomacy” may result in a legislative endorsement for a possible state constitutional amendment and ballot measure before the Dec. 31th deadline.
*The approach for the possible state legislative solution to the subsistence debate appears to include existing state laws, including non-subsistence areas, but would also add a residence based preference system that would require a state constitutional amendment.
*Amendments to Title VIII (Subsistence Management and Use) of the Alaska National Interest Lands Conservation Act (ANILCA) (1980) are also possible under the proposed remedy for the state’s subsistence impasse. Under the proposal, the subsistence preference would be retained, but would also be extended to qualified non-rural residents.
*Under the proposal, the state would be able to change rural designations in the future as community characteristics change.
*The proposal would require legislative action by the state and Congress. Some believe there is a better chance for the proposals success in 1996, than in the 1998 gubernatorial election year.
