Statement of Solicitor John Leshy on proposed Alaska State Constitutioxnal Amendment Dealing with Subsistence

Interior Solicitor John Leshy had the following comment on a proposed state constitutional amendment dealing with the subsistence issue put forward by Representative Brian Porter, Speaker of the Alaska State House of Representatives.

Representative Porters proposal would add to the "Sustained Yield" clause of the Alaska Constitution a new subsection which would state that: "In a time of shortage of fish and wildlife, the highest preference shall be for subsistence use of fish and wildlife." The purpose of this proposed constitutional amendment, according to Representative Porter, would be to expressly include in the state constitution a preference for all subsistence users, which is not limited to those individuals who live in rural parts of the state. Current state fish and game laws provide for such a preference, but Representative Porters intent is to prevent any changes to this preference in the future, which would otherwise be possible by simple majority vote of the legislature.

"Representative Porters proposal is inconsistent with the central provision of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA), 16 U.S.C.