To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Dec 15,94  2:49 PM          Delivered: Dec 16,94 10:00 AM

Status:    Previously read

Subject: Subsistence News-12/16/94

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Message:

*The Federal Subsistence Board (FSB) makes rural determinations based on communities or areas that are economically and socially integrated.

*The FSB initially adopted the State of Alaska’s “customary and traditional use” (C&T) determinations as they existed in 1990. Not long afterwards, the FSB concluded that some of the state’s determinations should be reconsidered based on more recent information.

*By 1994, the FSB began refining the C&T criteria and identifying areas to reconsider. The first of these areas to be reconsidered: the Kenai Peninsula, and Upper Tanana-Copper River Region.

*Several interim C&T determinations have been made by the FSB, and several have been denied.

*Historically, the state of Alaska interpreted ANILCA 804 as providing necessary differentiation among subsistence users based on dependence, local residence or proximity, and alternative resources.

*Some hold that the ANILCA 804 process would not apply until there was a shortage among subsistence users.