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Portrait of House Speaker 
		Brian Porter Session:
State Capitol, Room 208
Juneau, AK 99801-1182
Phone: (907) 465-4930
Fax: (907) 465-3834
Send E-Mail

Interim:
716 W 4th, Suite 300
Anchorage, AK 99501-2133
Phone: (907) 269-0155
Fax: (907) 269-0154

Update on Subsistence Issue

Given to: KINY Radio - Juneau, February 23, 1999

Juneau -- Good morning. This is House Speaker Brian Porter.

Senator Frank Murkowski spoke to a joint session of the legislature Friday, reviewing where we stand on a number of issues. His last topic was subsistence. Senator Murkowski recently stated that it appears, based on Secretary Babbitt's position, any solution must have a rural component to it. Title 8 of the federal law - ANILCA - requires a "rural preference" for subsistence taking of fish and game. This conflicts with the constitution's guarantees of equal protection and common use for all of our fish and game resources. This, as most know, is - and has been - the legal conflict lo these many years.

A review of federal records of the debate surrounding the drafting of title 8 of ANILCA shows that there was quite a bit of discussion about this rural preference provision. Then-Interior Secretary Udall, acting under the trustee relationship that exists between the federal government and native americans, said he believed that the use of the term "rural" effectively protected the largest proportion of Alaska natives. That may have been true back in 1980, but it doesn't appear to be true today.

The proposal recently rejected by Secretary Babbitt would provide a subsistence preference, when necessary because of a shortage, to all customary and traditional users of Alaska's fish and game resources. This would provide these benefits to all Alaska natives, not just those who happen to live on one side or the other of an arbitrary line. We have not yet given up trying to demonstrate the logic of this position to stakeholders in Alaska and to the Clinton administration. While we are endeavoring to try to legally fit the "rural component" of which Senator Murkowski spoke into a final solution to the subsistence controversy, it is a difficult task. We are also continuing our exploration of the concept of allocating resources with a priority to "subsistence users." We do look forward to working with the senator's staff when they come to Alaska next month. While it appears there will be no more eleventh-hour moratoriums, there's still time this year to try to get the job done and thereby keep the federal government out of the management of Alaska's fish and game resources.

This is House Speaker Brian Porter. Thanks for listening.

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