To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Aug 30,94  3:23 PM          Delivered: Sep 02,94 10:01 AM

Status:    Previously read   Filed

Subject: Subsistence News-9/2/94

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Message:

*Recently the National Park Service (NPS) and Justice Department asked that all charges against Gregory Brown be dropped. Brown, a Tlingit from Hoonah, was charged in October of 1992 with killing a seal in Glacier Bay National Park. The seal was used for a traditional Tlingit memorial potlatch.

*The government has asked that all charges in the case against Brown be dropped. The defendent requests that the case proceed on its merits, as many unanswered/unresolved questions remain.

*Brown maintains that his conduct is permitted under the Marine Mammal Protection Act; he is protected under the Free Exercise Clause of the U.S. Constitution; and the NPS did not have the authority to prohibit his taking a seal in Glacier Bay. Brown argues that the NPS does not own the submerged lands and waters of the park, and lacks the authority to regulate submerged lands  and waters of Glacier Bay.