OFFICE OF THE SECRETARY

FOR IMMEDIATE RELEASE: March 15, 1999

Stephanie Hanna (O) 202/208-6416

Statement of Solicitor John Leshy on proposed Alaska
State Constitutional 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 Porter's 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 Porter's 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 Porter's proposal is inconsistent with the central provision of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA), 16 U.S.C. �� 3111-3126, and by not complying with federal law would not return all subsistence management to the State of Alaska, where such authority properly belongs. ANILCA limits the subsistence preference on federal public lands to Alaska's rural residents. The rural limitation is essential to ensure the continued availability of renewable resources in rural villages which rely upon them for their physical and cultural existence. Representative Porter's proposal for a constitutionally mandated subsistence preference, which is not based on rural residence, would not protect rural communities from increasing resource demands by urban hunters and fishermen, whether the latter are defined as commercial, sport, personal use or subsistence. Secretary Babbitt has stated that he will not support an Alaska solution to the subsistence impasse which requires amendment of ANILCA. We continue to encourage Governor Knowles and the Alaska Legislature to work toward other solutions so that the State may resume subsistence management on the federal public lands consistent with Title VIII of ANILCA."

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