Subsistence News-3/4/94

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Mar 02,94  3:40 PM          Delivered: Mar 04,94 10:01 AM

Status:    Previously read

Subject: Subsistence News-3/4/94

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Message:

*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”.