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
*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”.