The Federal Subsistence Board released proposed regulations on December 15 in response to the Katie John case in which the 9th Circuit Court ruled that certain navigable waters should fall within the Boards jurisdiction under Title VIII of the Alaska National Interest Lands Conservation Act. A Congressional moratorium on funding prevents the Board from publishing final regulations to implement the Courts decision until after December 1, 1998.
According to Chairman Mitch Demientieff, "The Board is proposing regulations very similar to existing State of Alaska subsistence fishing regulations. Following Federal Register publication, we will hold hearings throughout the state and will accept written comments through April 20. During this process, the federal government continues to support the States efforts to regain statewide subsistence management authority."
Waters that would fall within the expanded scope of federal management are mostly inland navigable waters. New federal subsistence fishery regulations would apply on all waters within and adjacent to the boundaries of "conservation system units" managed by the U.S. Department of the Interior and within national forests managed by the U. S. Department of Agriculture. Specifically, these include national wildlife refuges; national parks, monuments and preserves; national forests; national conservation and recreation areas; national wild and scenic river corridors, and the National Petroleum Reserve - Alaska. The Board has managed subsistence fisheries on non-navigable waters (as well as limited navigable areas designated prior to Statehood) on federal public lands since 1990.
While the Board is proposing to exercise responsibilities for subsistence fishery management in federal waters, the State would continue to manage sport and commercial fisheries throughout Alaska, as well as subsistence fisheries in waters outside of the Boards jurisdiction.
Other provisions in the proposed regulations would:
identify seasons, harvests limits, and methods and means for federal subsistence fisheries;
acknowledge customary trade as a legitimate subsistence use, so long as it does not constitute a significant commercial enterprise,
acknowledge the existing authority of the Secretaries of Interior and Agriculture to exercise jurisdiction off of the federal public lands and waters into order protect subsistence uses on public lands and waters; and
modify the definition of public lands to include those lands within Conservation System Units that have been selected but not yet conveyed to either the State or Alaska Native corporations.
As part of developing the proposed regulations, an Environmental Assessment was also prepared. This review builds on an earlier, more extensive Environmental Impact Statement, and projects minimal environmental impacts due to the proposed regulations.
Hearings are currently being scheduled throughout Alaska for January through March 1998 to receive public comments on the proposed regulations. The tentative schedule of hearings is attached.
To obtain copies of the proposed regulations or other information, or to make comments on the proposed regulations call or write: Mitch Demientieff, Chairman, Federal Subsistence Board, c/o Thomas H. Boyd, Office of Subsistence Management, U. S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503, phone (800) 478-1456, or (907) 786-3888. In addition, this information may be viewed on the Internet at www.r7.fws.gov/asm/asmhome.html.
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