www.narf.org/pubs/justice/1999spring/ spring1999.htm">www.narf.org/pubs/justice/1999spring/spring1999.htm stated that the two women "petioned officials" of the newly-established NPS unit, but the "officials still refused to allow John and others to resume fishing at their camp." No known park administrative records, however, indicate that NPS personnel ever spoke with John or "refused to allow" them to carry on subsistence fishing activities. Geoff Bleakley to author, email, February 22, 2001.
9 Anchorage Daily News, September 25, 1994, A6-A7.
10 Ibid., A7; Joan M. Nockels, "Redefining Federal Public Lands in Alaska," Environmental Law 26 (Summer 1996), 696-97; Anchorage Daily News, February 11, 1986, C1; January 15, 1994, D2; Geoff Bleakley email, February 22, 2001; Westlaw citation 1994 WL 487830 (D.Alaska), 7. John vs. State of Alaska, also known as "Katie John I," was Case No. A85-0698 Civil. A detailed chronology of the Batzulnetas fishery is provided in Bob Gerhard and Dave Nelson's A Summary of the Batzulnetas Subsistence Fishery, revised draft (NPS, May 2000), 5-9.
11 Westlaw citation 1994 WL 487830 (D.Alaska), 8.
12 Anchorage Daily News, December 8, 1990, D2. The case number was A90-0484-CV (HRH).
13 Anchorage Daily News, January 31, 1991, B2.
14 Anchorage Times, December 11, 1991, A1, A8; Anchorage Daily News, March 3, 1992, B3; Anchorage Daily News, November 30, 1993, D1. The case number was A92-0264-CV (HRH).
15 Dean Dunsmore, in a May 11, 2001 interview, noted that on May 15, 1992, Alaska vs. Babbitt (then known as Alaska vs. Lujan) was consolidated with Katie John vs. USA.
16 Federal Register 59 (June 27, 1994), 32923.
17 Anchorage Daily News, November 30, 1993, D1.
18 Anchorage Daily News, January 15, 1994, D1-D2.
19 Anchorage Daily News, March 19, 1994, A1, A8.
20 Westlaw citation 94 WL 487830 (D.Alaska), 12-13.
21 Ibid., 9-13.
22 Anchorage Daily News, April 1, 1994, A1, A12.
23 Regional NPS Director John Morehead was glad to hear of Judge Holland's stay; in an April 23, 2001 interview, he admitted that he was "terrified" by the District Court decision inasmuch as the agency, at the time, had neither staff nor experience in subsistence fisheries management.
24 Federal Register 59 (June 27, 1994), 32923-24.
25 Anchorage Daily News, February 9, 1995, C3. The three judges that heard the case were Eugene A. Wright, Cynthia Holcomb Hall, and Charles Wiggins. Joanne M. Grace, an Assistant Attorney General, presented the State of Alaska's case, while defending attorneys included Elizabeth Ann Peterson of the U.S. Department of Justice and Robert T. Anderson of the Native American Rights Fund.
26 State of Alaska v. Bruce Babbitt, et al. (Case No. 94-35480) and Katie John, et al. v. United States of America, et al. (Case No. 94-35481), as noted in Federal Reporter , 3rd Series, v. 54 (1995), p. 552. Judge Hall was the lone dissenter.
27 Ibid., 552-54.
28 Anchorage Daily News, April 21, 1995, A1, A11. By August 1995, agency heads had decided to hold off making any decisions on applicable waterways until all of the various Katie John appeals had been exhausted. Anchorage Daily News, August 9, 1995, A10.
29 Anchorage Daily News, January 24, 1995, A1, A8; January 26, 1995, A1, A10; February 8, 1995, A1, A10. Knowles noted that "This whole suit [Alaska vs. Babbitt] was a rabbit trail to begin with."
30 There is some confusion regarding the formal name related to the Katie John case. As Joan Nockels noted in her article "Katie John v. United States: Redefining Federal Public Lands in Alaska," Environmental Law 26 (Summer, 1996), 695-96, Alaska vs. Babbitt remained an active case after the state dropped its suit. She noted that the state, in January 1995, "withdrew its challenge and stipulated to dismissal with prejudice. The Ninth Circuit accepted the stipulation. Nevertheless, the consolidated cases proceeded under the case name Alaska v. Babbitt. This is unfortunate because, in Alaska, the case has always been referred to as the Katie John dispute. For the purpose of staying consistent with the Alaskan understanding of this dispute, this Note will refer to the Ninth Circuit ruling in Alaska v. Babbitt as the Katie John appellate court decision but will properly cite to Alaska v. Babbitt." Most recent accounts, by way of contrast, consistently refer to the case as Katie John v. USA. For the purposes of this report, therefore, this case (for actions after January 1995) will be called Katie John v. USA or simply the Katie John case.
31 Anchorage Daily News, August 9, 1995, A1, A10; Anchorage Daily News, December 24, 1995, B1.
32 As noted in Chapter 7, the legislature had attempted to solve the problem in both 1990 and 1992special sessions were held in each of those years to address the problembut neither session produced a bill that allowed the state to regain management control over subsistence resources. In 1994, after a legislative session in which little interest was shown in a subsistence bill, Alaska Attorney General Bruce Botelho had suggested another special session dealing with subsistence. That session, however, never materialized. Anchorage Daily News, July 24, 1994, D3.
33 Anchorage Daily News, November 4, 1995, A1. Several sources, including the RuralCAP website (www. ruralcap.subcurrent.htm), update for November 1998 and the October 14, 1998 issue of the Anchorage Daily News (p. A1), have suggested that the Alaska congressional delegation inserted delaying language in a Fiscal Year 1996 appropriations bill. But no such action took place. Bill Knauer to the author, email, March 23, 2001.
34 Office of the Alaska Governor, Press Release, August 10, 1999 (99-171).
35 Anchorage Daily News, November 4, 1995, A1; November 15, 1995, B7; December 7, 1995, D3.
36 Anchorage Daily News, December 31, 1995, G2; January 4, 1996, B2; February 5, 1996, D2; February 9, 1996, B2. During the same period in which Ulmer and the task force were working on the subsistence problem, a group of sport fishers were working on the so-called "fish initiative." The initiative's purpose was to amend Alaskan fish and game regulations in order to guarantee that the needs of subsistence, sport fishing, and personal-use fishers would be considered prior to those of commercial fishers. In mid-October 1995, Lt. Gov. Ulmer approved the wording of the proposed initiative, and by the following February a sufficient number of signatures had been gathered to guarantee its placement on the November 1996 ballot. But on August 26, the Alaska Supreme Court declared the initiative unconstitutional. Anchorage Daily News, October 13, 1995, A1; February 16, 1996, B5; August 27, 1996, A1.
37 Anchorage Daily News, March 7, 1996, B1, B3. Newspaper accounts reporting Stevens' action initially stated that he had extended the deadline to May 1997; two months later, however, similar accounts stated that Stevens' provision was "blocking the program from taking effect until at least Oct. 1." Anchorage Daily News, May 14, 1996, A1.
38 Anchorage Daily News, April 23, 1996, A1; April 28, 1996, K2; May 8, 1996, A1; May 19, 1996, F2. The special session lasted from May 8 to June 6, but official business took place only during the session's first nine days and its last four days.
39 Anchorage Daily News, May 14, 1996, A1, A8; May 19, 1996, F2.
40 Anchorage Daily News, March 21, 1996, E1, E3; March 22, 1996, B1, B3; April 5, 1996, B7.
41 Federal Register 61 (April 4, 1996), 5014-18.
42 Anchorage Daily News, May 12, 1996, C12; May 15, 1996, B2. Hearings were also held in Juneau, Sitka, Kotzebue, Bethel, Nome, Kenai/Soldotna, and Dillingham.
43 Anchorage Daily News, December 27, 1996, B3.
44 Even Anchorage-area business leaders, whose opinions were normally in line with the legislative majority, spoke out in favor of a statewide vote. Anchorage Daily News, December 12, 1996, B1.
45 See, for example, the following Anchorage Daily News citations: May 25, 1990, C4; June 13, 1992, B3; December 3, 1997, B1; May 1, 1998, B1; and May 25, 1998, A1.
46 Anchorage Daily News, May 13, 1997, D1; May 23, 1997, A1. Several Native legislators submitted their own resolution (HJR 3); it fared no better than the administration's proposal.
47 The governor's task force was composed of Gov. Knowles, Lt. Gov. Ulmer, Senate President Mike Miller, House Speaker Gail Phillips, ex-Attorney General Charlie Cole, Permanent Fund leader Byron Mallott, and ex-Governor Jay Hammond. Anchorage Daily News, July 10, 1997, B1; July 27, 1997, G2.
48 Anchorage Daily News, June 18, 1997, B1; July 19, 1997, D10. The AOC-backed proposal, HJR 21, had been introduced by Reps. Beverly Masek (R-Willow) and Scott Ogan (R-Palmer) and had been co-sponsored by nine other House members during the recently-concluded session.
49 Anchorage Daily News, July 27, 1997, G2; August 25, 1997, E2; September 6, 1997, A1, A10.
50 [OSM], "Questions and Answers," December 8, 1997, 3. (This handout was distributed at the March 12, 1998 public meeting in Anchorage; see below.) The Final Rule on subsistence fisheries (Federal Register 64 [January 8, 1999], 1285), stated that the Interior Secretary, with the concurrence of the Agriculture Secretary, signed a Finding of No Significant Impact. Bill Knauer to author, March 19, 2001.
51 Anchorage Daily News, September 20, 1997, D1, D3.
52 These amendments, in fact, were successfully included in the Interior appropriations bill, which passed Congress and became law. However, both amendments had a so-called "sunset clause." Because the Alaska legislature failed to act on a subsistence bill prior to December 1, 1998, the amendments never took effect.
53 Anchorage Daily News, October 1, 1997, A1, A4; October 2, 1997, A1; September 6, 1997, A10. Although state legislative leaders sometimes stated that federal officials actively coveted an increased management role, such was not the case. As Fish and Wildlife staffer William Knauer explained it, "We would just as soon not do that ... I can categorically say there's not a one of us that is champing at the bit. The folks in [the federal subsistence] program ... have got other things they could be accomplishing for the resources here in Alaska." Perhaps because they neither wanted nor expected to manage the subsistence fisheries, federal subsistence officials had no contingency plans regarding a specific management strategy; if Stevens' postponement had not occurred, officials would presumably have spent the winter of 1997-1998 formulating proposed and final subsistence fisheries regulations.
54 Anchorage Daily News, December 16, 1997, D1.
55 This mileage amounted to approximately 52.2% of Alaska's 196,234 miles of inland waterways.
56 This quote is taken from a general description of the various alternatives, as noted on page 66218 of the December 17, 1997 Federal Register. The verbiage in the proposed regulation itself (Subpart A, Section 3, Parts (b)(1) and (b)(2), as noted on page 66222 in the same document) reads somewhat differently, though the intent is the same.
57 Federal Register 62 (December 17, 1997), 66216-18. The proposed regulations also addressed the "selected but not conveyed" issue, which was discussed in Chapter 8.
58 Anchorage Daily News, December 30, 1997, A1; January 16, 1998, B8. On December 29 the ALC had voted 9-2, with three abstentions, in favor of spending $175,000 to support the proposed suit.
59 Anchorage Daily News, January 27, 1998, B6.
60 Alaska House Bill History, 1997-1998, 148. The bill went nowhere; after January 12, no further action took place on it.
61 HJR 46 proposed the following amendment to the Alaska Constitution: "The legislature may, consistent with the sustained yield principle, provide a priority for subsistence uses in the taking of fish and wildlife and other renewable natural resources based on place of residence." HB 320which, like HJR 46, was submitted by the Rules Committee on January 14 at the governor's behestwas a companion bill, containing changes to the Fish and Game regulations based on language contained in HJR 46.
62 HB 406 passed the House, by a 23-16 vote, on April 21; it passed the Senate, 14-5, on May 11.
63 Anchorage Daily News, May 25, 1998, A1, A10. Another bill proposing a subsistence amendment, submitted by the House Judiciary Committee on March 30, was HJR 66; it was no more successful than the administration-backed resolution.
64 Gov. Knowles vetoed HB 406 on June 12, more than a month after warning that he would do so.
65 Anchorage Daily News, May 13, 1998, A1; May 14, 1998, A1; May 22, 1998, D1; May 25, 1998, A10. On May 21, the lobbying group raised tempers throughout the state when it published a photo of a person who bore a strong likeness to former Soviet Premier Nikita Khrushchev; under that photo ran the caption, "There's a name for people who refuse to let other people vote."
66 Anchorage Daily News, May 25, 1998, A10; June 2, 1998, A1; Alaska House Bill History, 1997-1998, 97-98, 281-82.
67 Anchorage Daily News, July 4, 1998, A1; July 20, 1998, A1; July 21, 1998, A1; July 22, 1998, A1.
68 DOI Press Release, July 22, 1998; Tom Boyd to NPS, email, July 24, 1998.
69 Anchorage Daily News, July 25, 1998, A1, A6.
70 Federal Register 64 (January 8, 1999), 1277.
71 RuralCAP website (www. ruralcap.com/subcurrent.htm) update for September 10, 1998, pp. 8-9.
72 According to the Anchorage Daily News, October 16, 1998, D1, Williams submitted her resignation letter on October 6. She had discovered on that day that Secretary Babbittwithout her knowledgewas negotiating with Senator Stevens on another extension.
73 USDI News Release, October 13, 1998; Sen. Ted Stevens Press Release, October 13, 1998; Anchorage Daily News, October 14, 1998, A1.
74 [OSM], "Summary of Final Regulations" part of FSB News Release, January 5, 1999; Federal Register 64 (January 8, 1999), 1277-84; RuralCAP website (www. ruralcap.com/subcurrent.htm), January 1999, 2; Office of the Alaska Governor, Press Release, April 19, 1999 (99-076); Anchorage Daily News, April 9, 1999, B1-B2.
75 Anchorage Daily News, January 10, 1999, F2.
76 Anchorage Daily News, February 6, 1999, C1, C3; Office of the Alaska Governor, Press Release, April 19, 1999 (99-076).
77 Anchorage Daily News, May 20, 1999, A1; May 21, 1999, B4.
78 Juneau Empire, June 13, 1999, A1, A3.
79 Rep. Green to the author, email, March 26, 2001.
80 Sen. Ted Stevens, Press Release, October 13, 1998; Anchorage Daily News, June 2, 1999, A1.
81 Anchorage Daily News, July 14, 1999, A1.
82 Anchorage Daily News, August 10, 1999, B3; August 11, 1999, B1; Office of the Alaska Governor, Press Release, August 10, 1999 (99-171). The wording of the amendment was a slight modification of that which had appeared in a 1998 legislative resolution, as noted above.
83 Many of these terms, it may be noted, were similar if not identical to those used in ANILCA Section 804.
84 Fairbanks Daily News-Miner, October 8, 1999, A4.
86 The resolutions, it may be noted, used "place of residence" instead of "rural." Based on that terminology, the Alaska Attorney General's office stated that the resolution would prevent a takeover, but not without an accompanying statute that specified a rural subsistence priority. Interior Department solicitors made no initial comments regarding the resolution's legitimacy. Anchorage Daily News, September 30, 1999, A1.
87 Ibid., A1, A12. Among those who opposed the resolution, one of the most outspoken was Senator Robin Taylor (R-Wrangell). He stated, "What we're really talking about here is ... are [state officials] going to enforce the federal law against our people, or is the federal government going to enforce the federal law against our people?" He and other opponents complained that the rural priority discriminated against urban Alaskans who wanted to hunt and fish for food; given that lack of fairness, it mattered little who managed the resources.
88 Anchorage Daily News, October 1, 1999, A1.
89 On October 1, the Office of Subsistence Management released 1) a press release, with quotes from Bruce Babbitt, Marilyn Heiman, and Mitch Demientieff, 2) a two-page "Questions and Answers" sheet, and 3) a "Summary of Final Regulations" sheet. These "final regulations" had first appeared in the January 8, 1999 Federal Register. That same day, the state made its own views known via a press release from the ADF&G Commissioner.
90 [OSM], "Questions and Answers Regarding the Proposed Rulemaking for Extended Jurisdiction in Alaska Subsistence Management," September 30, 1997.
91 Bruce Babbitt (Interior Secretary) to Franklin D. Raines (OMB Director), April 21, 1998.
92 Tom Boyd (OSM) to NPS, email, July 24, 1998.
93 Secretary Babbitt's April 21, 1998 letter to OMB Director Raines specified that the FY 1999 budget for other federal agencies involved in the subsistence fisheries management would be as follows: F&WS, $3.8 million; USFS, $3.0 million; BIA, $0.5 million; BLM, $0.2 million; and Office of the Solicitor, $0.1 million. Of the projected $9.5 million budget, $3.3 million was to be directed to program administration, $5.1 million to resource monitoring, and $1.0 million to law enforcement.
94 Proposed FY 99 Budget Chart, July 30, 1998. The NPS proposed a Coastal Cluster (KATM, LACL, and ANIA); an Interior Cluster (DENA, GAAR, and YUCH), an Arctic Cluster (BELA, CAKR, KOVA, and NOAT); and a Copper Basin/Southeast Cluster (WRST and GLBA). KEFJ, KLGO, and SITK were not included because subsistence was not an authorized activity in those units. With its allotment, the agency proposed seven positions in each cluster; all would work a six-month stint in FY 1999, with four of the seven gaining year-round positions in FY 2000.
95 The fourteen issues were 1) Organizational structure, staffing, and budget, 2) Cooperative management with tribes and Native organizations, 3) Federal-state cooperative management strategy, 4) National Marine Fisheries Service/North Pacific Fisheries Management Council coordination, 5) Regional council structure, 6) Petitions for extraterritorial jurisdiction, 7) Customary trade, 8) Training and education needs and options, 9) Annual regulatory process, 10) Harvest reporting, 11) Data management, 12) Public outreach, 13) Enforcement, and 14) Federal Subsistence Board structure.
96 FSB Staff Committee, "Fisheries Implementation Work Plan," March 30, 1999; Sub-Committee for the Development of a Blueprint for Interagency Functions, Roles, and Responsibilities, Federal Subsistence Fisheries Management: Operational Strategy for Information Management, c. August 2, 1999, 39.
97 FSB Staff Committee, "Federal Subsistence Fisheries Implementation Plan," in Bob Gerhard files. The plan was dated April 21, 1999, but the various issue papers that comprised the plan were not completed until mid-June.
98 Sub-Committee for the Development of a Blueprint for Interagency Functions, Roles, and Responsibilities, Federal Subsistence Fisheries Management: Operational Strategy for Information Management, c. August 2, 1999. Besides Patty Rost, the other subcommittee members included Charles Krueger (FWS), Taylor Brelsford (OSM), Cal Casipit (USFS), Ken Harper (F&WS), Ida Hildebrand (BIA), Ken Thompson (USFS), and Laird Jones (ADF&G liaison).
99 Ibid., 26.
100 In later months, these three classes were boiled down to two: 1) stock status and trends studies, and harvest monitoring/TEK studies.
101 Subcommittee on Organizational Structure, Staffing, and Budget, Federal Subsistence Fisheries Management: Organizational Structure and Program Strategy, drafts dated August 16, August 30, and September 9, 1999. Members of the subcommittee included Peggy Fox (BLM), who chaired the group, along with Bob Gerhard (NPS), Charles Krueger (F&WS), and Taylor Brelsford (OSM).
102 OSM, "Federal Subsistence Fisheries Update," July 1999, 2; Subcommittee on Organizational Structure, Staffing, and Budget, Federal Subsistence Fisheries Management: Organizational Structure and Program Strategy, September 15, 1999, page i.
103 Bob Gerhard to NPS Subsistence staff, email, August 26, 1999. Gerhard notes that the F&WS also hired an employee prior to the assumption to work on subsistence projects.
104 Subsistence Advisory Committee meeting notes, October 7, 1999 and November 5, 1999; Janis Meldrum to NPS Subsistence Staff, email, November 3, 1999; Kenneth L. Smith to Frank Murkowski, September 18, 2000.
105 [OSM], "Agenda, Federal Subsistence Fisheries Management Training," (program agenda), January 24-27, 2000.
106 Federal Subsistence Management Program, "Fisheries Resource Monitoring Projects for Spring 2000," review draft, January 14, 2000. The budget for all 45 projects totaled some $5.6 million. Of that total, 40% was directed to the ADF&G, 38% to rural organizations or local-hire projects, and 22% to federal agencies. OSM, Fisheries Information Service, "Proposed Projects Budget Worksheet," April 22, 2000, 7.
107 State of Alaska News, January 26, 2000 (www. state.ak.us/local/pr0023.html); Anchorage Daily News, January 27, 2000, B1. Judge Holland, for legal reasons, had been unable to issue a final order until after the last moratorium expired on September 30, 1999.
108 Anchorage Daily News, February 10, 2000, B1; February 16, 2000, A1; April 25, 2000, A1.
109 "Interim Memorandum of Agreement for Coordinated Fisheries and Wildlife Management for Subsistence Uses on Federal Public Lands in Alaska, between U.S. Fish and Wildlife Service, U.S.D.A. Forest Service, National Park Service, Bureau of Land Management, Bureau of Indian Affairs, and the Federal Subsistence Board and Alaska Department of Fish and Game, Alaska Board of Fisheries, and Alaska Board of Game," April 26, 2000.
110 Another new hire during this period was Rachel Mason, a cultural anthropologist formerly with the F&WS's Office of Subsistence Management. Mason began work in January 2000 and assumed a broad range of duties, many of which were related to subsistence.
111 See the following closure announcements: FSB Press Release, August 11, 2000 (special action); Federal Register 65 (August 24, 2000), 51542-44; Federal Register 65 (September 13, 2000), 55190-92.
112 Peggy Fox and Kevin C. Duffy to Frank Rue, etc., memorandum, May 25, 2000. The protocol signed on May 24 and May 25 was called the Yukon River Drainage Subsistence Salmon Fishery Management Protocol for the Year 2000; as its title suggests, it was valid for only one year.
113 Federal Subsistence Board, News Release, May 30, 2000. In two of the twelve regions, NPS officials played a lead role; they were Gary Candelaria (WRST Superintendent) and Dave Spirtes (WEAR Superintendent). The twelve regions have since been increased to thirteen.
114 Kenneth L. Smith to Frank Murkowski, September 18, 2000.
115 Anchorage Daily News, February 15, 2001, B1.
116 Ibid., October 13, 2000, B1.
117 Ibid., July 20, 2000, B1 and May 8, 2001, B1, B3; Bob Gerhard to Subsistence Staff, email, December 12, 2000; Governor of Alaska, August 27, 2001 press release (#01196).
118 Anchorage Daily News, issues of September 14, 2001, B2; September 27, 2001, B6; October 5, 2001, B1; and October 13, 2001, B4.
119 Ibid., issues of January 13, 2002, B1; February 15, 2002, B-1; and April 3, 2002, A1.
120 Ibid., issues of May 18, 2002, A8; May 20, 2002, B1; and June 24, 2002, B1.
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