Subsistence News-4/22/94

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Apr 19,94  1:13 PM          Delivered: Apr 22,94 10:01 AM

Status:    Previously read

Subject: Subsistence News-4/22/94

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Message:

*The March 30th, 1994, Katie John vs. U.S. decision has been “stayed” for at least 60 days to allow for possible appeals to the Ninth Circuit Court of Appeals.

*In the appeal of the decision there are two controlling questions which need to be addressed: (1) Does ANILCA section 805(a) [Land and Regional Participation] and 1314 [Taking of Fish and Wildlife] fail to empower the Secretaries of Interior and Agriculture to implement Title VIII of ANILCA?; and (2) Does the term “public lands”, as defined by Title VIII of ANILCA, include navigable waters within the State of Alaska?

*Should the Appeals Court uphold (rule in favor of) judge Holland’s decision, this will “preclude the state of Alaska from managing fish resources in navigable waters throughout the state of Alaska for subsistence purposes.”

*It will also require the Secretaries of Interior and Agriculture, through the Federal Subsistence Board, to immediately take over and implement Title VIII of ANILCA in navigable waters in the state of Alaska.