Wednesday, September 24, 2008

State of Alaska v. Federal Subsistence Board

Sep 23: In the U.S. Court of Appeals, Ninth Circuit, Case No. 07-35723. As explained by the Appeals Court, Defendant-Appellee Federal Subsistence Board (FSB or Board) administers the Federal subsistence program at the heart of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA). In 2005, the FSB granted residents of Chistochina, a rural community in Southeast Alaska, a Customary and Traditional use determination (C & T determination) for moose throughout Game Management Unit (GMU) 12. The C & T determination permits Chistochina residents to harvest moose in GMU 12 under Federal subsistence hunting regulations, which are more permissive than State hunting regulations.

Plaintiff-Appellant the State of Alaska (Alaska) challenged the C & T determination in district court, contending that the FSB granted the determination in violation of the Administrative Procedure Act (APA). The district court granted summary judgment in favor of Defendants-Appellees FSB, et al. The Appeals Court said, "After a careful review of the record, we find no reason to set aside the FSB’s C & T determination" and affirmed the decision of the district court.

Access the complete opinion (click here). [*Wildlife, *Land]