And now:Ish <[EMAIL PROTECTED]> writes:

Date: Fri, 19 Mar 1999 10:54:23 -0500
To: Recipient List Suppressed:;
From: Native Americas Journal <[EMAIL PROTECTED]>
Subject: ALASKA NATIVES AND SUBSISTENCE RIGHTS

The following article is provided by Native Americas, published by the
Akwe:kon Press at Cornell University. For more information on how to stay
informed of emerging trends that impact Native peoples throughout the
hemisphere visit our website at http://nativeamericas.aip.cornell.edu 

ALASKA NATIVES AND SUBSISTENCE RIGHTS 
BY TIM BRISTOL/NATIVE AMERICAS 

Despite years of waiting and several unfulfilled promises, it appears that
Alaska Natives and rural residents will finally gain full protection of
their subsistence rights this fall. 

Proposed regulations outlining expansion of federal fish and game
management to about 60 percent of Alaska's waterways were published for
public review in early January. At a press conference outlining the draft
regulations, Department of Interior Secretary Bruce Babbit said the federal
government would assume management of fish resources on a majority of
Alaska's rivers and lakes by Oct. 1, 1999. 

The State of Alaska can still stave off this expansion of federal power by
amending its constitution. Opinion polls have consistently indicated Alaska
residents want the chance to vote on a constitutional amendment which would
bring state subsistence management laws in line with federal law. So far,
Alaska's lawmakers are ignoring the polls. 

The Alaska National Interest Lands Conservation Act requires that fish and
game resources on federally owned lands be managed for a "rural
preference." If, for example, hunter demand for moose on a certain parcel
of federal land exceeds the bag limits established by biologists,
urban-area hunters would have their hunting privileges curtailed first.
This preferential treatment for rural residents has infuriated Alaska's
urban-dwelling hunters, but for Alaska Natives, a majority of whom still
live in rural areas, the rural priority guaranteed by ANILCA is of vital
importance to their way of life. 

Alaska Native leaders praised Babbit's announcement. Their positive
comments were a far cry from the fury expressed a few short months ago,
when Babbit brokered a deal with Alaska Sen. Ted Stevens to stall federal
takeover for another year. Originally, the federal government planned to
expand its subsistence management jurisdiction, Dec. 1, 1998. But in
exchange for waiting one more year, Babbit received an $11 million funding
guarantee from Stevens, the chairman of the powerful Congressional
Appropriations Committee. The delay sparked a boiling point for Alaska
Natives, who have watched a 1994 Supreme Court decision supporting a rural
preference on federal waterways management stalled by a series of
"moratoriums." 

"Secretary Babbit has breached his promises and his trust responsibilities
to the Alaska Native community. It's an unforgivable act," said Native
American Rights Fund attorney Heather Kendall-Miller in response to the
1998 delay decision. 

Julie Kitka, head of the Alaska Federation of Natives, went so far as to
call for Babbit's resignation-a bold step considering Babbit is generally
regarded as a supporter of Alaska Natives. It was under Babbit's watch that
226 Alaska Native groups gained federal tribal recognition. 

Conspicuous in its absence was criticism of Alaska's Congressional
delegation-particularly Stevens, the person probably most responsible for
stalling the subsistence takeover. 

As chairman of the Senate Appropriations Committee, Stevens holds the purse
strings for many federal agencies, including Babbit's Interior Department.
Oftentimes agencies, programs, even people, have been stripped of funding
by Stevens. Babbit may have decided obtaining cash in exchange for ten
months of delays was a good deal. 

The fate of fisheries management in Alaska is now back in the hands of the
Alaska State Legislature. As another legislative session begins, there is
little impetus to amend the state constitution to allow for rural priority. 

Out in the bush, where subsistence is a way of life, not a political
football, Alaska Natives continue to hunt and fish and trap. 

And wait. 
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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