Borgeson & Kramer, P.C. IN THE SUPREME COURT FOR THE … · I l I I! I! I I I I i I I I I I I...
Transcript of Borgeson & Kramer, P.C. IN THE SUPREME COURT FOR THE … · I l I I! I! I I I I i I I I I I I...
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Borgeson & Kramer, P.C.
i00 Cushman Street, Suite 311
Fairbanks, AK 99701
(907) 452-1666
(907) 456-5055 (facsimile)
IN THE SUPREME COURT FOR THE STATE OF ALASKA
ALASKA FISH AND WILDLIFE
CONSERVATION FUND (AFWCF)
vs.
Appellant,
STATE OF ALASKA and
AHTNA TENE NENE
Appellees.
)
))
)
)Supreme Court No.:S-14516
Superior Court No.: 4FA-I!-1474CI
APPEAL FROM THE SUPERIOR COURT FOURTH JUDICIAL DISTRICT AT
FAIRBANKS ORDERS ENTERED AUGUST 5, 2011 THE HONORABLE MICHAEL
McCONAHY, PRESIDING
APPELLANT'S REPLY BRIEF
Filed in the Supreme
Court of the State of
Alaska, this 5_day of
r"rm:_,- , 2o_2.
Marilyn May, Clerk
/ l,
Michael C. Kramer, ABA #9605031
Borgeson & Kramer, PC
100 Cushman Street, Suite 311
Fairbanks, Alaska 99701
(907) 452-!_66
Attorney for Appellant
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TABLE OF CONTENTS
PRINCIPLE AUTHORITIES RELIED UPON ............................ iii
I. ARGUMENT ................................................... 1
II. CONSTITUTIONAL LAW ......................................... 4
III. STATUTORY AND REGULATORY LAW ............................... 9
A. The eight criteria regulation on which the CSH was
based is unconstitutional .................................... 16
B. There is no conceivable basis to support the
constitutional application of A.S. 16.05.330(c) and 5 A.A.C.
92.072 ....................................................... 23
III. CONCLUSION ................................................ 33
TABLE OF AUTHORITIES
CasesAlaska Fish Spotters Ass'n v. State Dept. of Fish and Game, 838
P.2d 798 (Alaska 1992) ................................ 5, i0, 24
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!Gilman v. Martin, 662 P.2d 120, 125 (Alaska 1983) ............. 15
Grunert v. State, 109 P.3d 924 (Alaska 2005) ................... 7
Interior Alaska Airboat Ass'n v. State Dept. of Fish and Game 18 IP.3d 686 (Alaska 2001) ........................................ 4
Kenai Peninsula Fishermen's Cooperative Association v. State 628
P.2d 897, 904 (Alaska 1981) ............................... 9, 24 ILewis v. State, ii0 Ark. 204, 161 S.W. 154, 155-56 (1913) . ii, 12
Madison v. Alaska Dept. of Fish & Game, 696 P.2d 168 (Alaska
_985) ................................................... passim
McDowell v. State, 785 P.2d at i, 8 (Alaska 1989) ......... passim
O'Callaghan v. Rue, 996 P.2d 88 (Alaska 2000) ................ 18
Owsichek v. State, 763 P.2d at 488, 497 (Alaska 1988) ...... 5, 15
Payton v. State, 938 P.2d 1036 (Alaska 1997) .................. 24
State v. Grunert, 139 P.3d 1226 (Alaska 2006) .................. 7
State v. Hebert, 803 P.2d 863 (Alaska 1990) ................... 6
State v. Kenaitze Indian Tribe, 894 P.2d 632(Alaska 1995) . i0, 13
State v. Morry, 636 P.2d 358 (Alaska 1992) ............... passim
Tongass Sport Fishing Ass'n v. State 866 P.2d 1314 (Alaska 1994)
. o o o o 0 . . o 0 o , . . o 0 . . . ° . . o o . ° . ........ o ° . o 0 o ° . ° ° ° 0 ° ° . ° o ......... 25
Statutes
A.S. 16.05.258 ............................................ passim
A.S. 16.05.330 ............................................. 3, 33
A.S. 16.05.940 .................................... 18, 19, 20, 32
Regulations
5 A.A.C. 85.045 ............................................... 30
5 A.A.C. 92.072 ................................................ 6
5 A.A.C. 92.074 ................................................ 3
5 A.A.C. 99.010 ........................................... passim
Constitutional Provisions
Article VIII, Sections 3, 15, & 17 ............... 2, 5, 6, 13, 23
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PRINCIPLE AUTHORITIES RELIED UPON
AS 16.05.258 Subsistence Use and Allocation of Fish & Game
(a) Except in nonsubsistence areas, the Board of Fisheries and
the Board of Game shall identify the fish stocks and game
populations, or portions of stocks or populations, that are
customarily and traditionally taken or used for subsistence. The
commissioner shall provide recommendations to the boards
concerning the stock and population identifications. The boards
shall make identifications required under this subsection after
receipt of the commissioner's recommendations.
(b) The appropriate board shall determine whether a portion of a
fish stock or game population identified under (a) of this
section can be harvested consistent with sustained yield. If a
portion of a stock or population can be harvested consistent
with sustained yield, the board shall determine the amount of
the harvestable portion that is reasonably necessary for
subsistence uses and
(i) if the harvestable portion of the stock or population is
sufficient to provide for all consumptive uses, the appropriate
board
(A) shall adopt regulations that provide a reasonable
opportunity for subsistence uses of those stocks or populations;
(B) shall adopt regulations that provide for other uses of those
stocks or populations, subject to preferences among beneficial
uses; and
(C) may adopt regulations to differentiate among uses;
(2) if the harvestable portion of the stock or population is
sufficient to provide for subsistence uses and some, but not
all, other consumptive uses, the appropriate board
(A) shall adopt regulations that provide a reasonable
opportunity for subsistence uses of those stocks or populations;
(B) may adopt regulations that provide for other consumptive
uses of those stocks or populations; and
(C) shall adopt regulations to differentiate among consumptive
uses that provide for a preference for the subsistence uses, if
regulations are adopted under (B) of this paragraph;
(3) if the harvestable portion of the stock or population is
sufficient to provide for subsistence uses, but no other
consumptive uses, the appropriate board shall
(A) determine the portion of the stocks or populations that can
be harvested consistent with sustained yield; and
(B) adopt regulations that eliminate other consumptive uses in
order to provide a reasonable opportunity for subsistence uses;
and
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(4) if the harvestable portion of the stock or population is not
sufficient to provide a reasonable opportunity for subsistence
uses, the appropriate board shall
(A) adopt regulations eliminating consumptive uses, other than
subsistence uses;
(B) distinguish among subsistence users, through limitations
based on
(i) the customary and direct dependence on the fish stock or
game population by the subsistence user for human consumption as
a mainstay of livelihood;
(ii) the proximity of the domicile of the subsistence user to
the stock or population; and
(iii) the ability of the subsistence user to obtain food if
subsistence use is restricted or eliminated.
(c) The boards may not permit subsistence hunting or fishing in
a nonsubsistence area. The boards, acting jointly, shall
identify by regulation the boundaries of nonsubsistence areas. A
nonsubsistenCe area is an area or community where dependence
upon subsistence is not a principal characteristic of the
economy, culture, and way of life of the area or community. In
determining whether dependence upon subsistence is a principal
characteristic of the economy, culture, and way of life of an
area or community under this subsection, the boards shall
jointly consider the relative importance of subsistence in the
context of the totality of the following socio-economic
characteristics of the area or community:
(i) the social and economic structure;
(2) the stability of the economy;
(3) the extent and the kinds of employment for wages, including
full-time, part-time, temporary, and seasonal employment;
(4) the amount and distribution of cash income among those
domiciled in the area or community;
(5) the cost and availability of goods and services to those
domiciled in the area or community;
(6) the variety of fish and game species used by those domiciled
in the area or community;
(7) the seasonal cycle of economic activity;
(8) the percentage of those domiciled in the area or community
participating in hunting and fishing activities or using wild
fish and game;
(9) the harvest levels of fish and game by those domiciled in
the area or community;
(i0) the cultural, social, and economic values associated with
the taking and use of fish and game;
(ii) the geographic locations where those domiciled in the area
or community hunt and fish;
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(12) the extent of sharing and exchange of fish and game by
those domiciled in the area or community;
(13) additional similar factors the boards establish by
regulation to be relevant to their determinations under this
subsection.
(d) Fish stocks and game populations, or portions of fish stocks
and game populations not identified under (a) of this section
may be taken only under nonsubsistence regulations.
(e) Takings and uses of fish and game authorized under this
section are subject to regulations regarding open and closed
areas, seasons, methods and means, marking and identification
requirements, quotas, bag limits, harvest levels, and sex, age,
and size limitations. Takings and uses of resources authorized
under this section are subject to AS 16.05.831 and AS 16.30.
(f) For purposes of this section, _reasonable opportunity" means
an opportunity, as determined by the appropriate board, that
allows a subsistence user to participate in a subsistence hunt
or fishery that provides a normally diligent participant with a
reasonable expectation of success of taking of fish or game.
AS 16.05.330 Licenses, tags, and subsistence permits
(a) Except as otherwise permitted in this chapter, without
having the appropriate license or tag in actual possession, a
person may not engage in
(I) sport fishing, including the taking of razor clams;
(2) hunting, trapping, or fur dealing;-
(3) the farming of fish, fur, or game;
(4) taxidermy; or
(5) control of nuisance wild birds and nuisance wild small
mammals for compensation.
(b) When obtaining the appropriate license or tag in (a) of this
section, an applicant who asserts residency in the state shall
provide the license vendor with the proof of residence that the
department requires by regulation.
(c) The Board of Fisheries and the Board of Game may adopt
regulations providing for the issuance and expiration of
subsistence permits for areas, villages, communities, groups, or
individuals as needed for authorizing, regulating, and
monitoring the subsistence harvest of fish and game. The boards
shall adopt these regulations when the subsistence preference
requires a reduction in the harvest of a fish stock or game
population by nonsubsistence users.
(d) A person may not receive a sport fishing, hunting, or
trapping license or other permit or tag issued under AS
16.05.330 - 16.05.430, if the person's right to obtain, or
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exercise the privileges granted by, a sport fishing, hunting, or
trapping license is suspended or revoked in another state. A
person who applies for a sport fishing, hunting, or trapping
license or other permit or tag issued under AS 16.05.330 -
16.05.430 shall sign a statement that the person's right to
obtain, or exercise the privileges granted by, a sport fishing,
hunting, or trapping license is not suspended or revoked in
another state.
(e) Repealed by SLA 2001, ch. 39, § 2, eff. June 26, 2001.
AS 16.05.940 Definitions
In AS 16.05 - AS 16.40,
(i) "aquatic plant" means any species of plant, excluding the
rushes, sedges, and true grasses, growing in a marine aquatic or
intertidal habitat;
(2) _barter" means the exchange or trade of fish or game, or
their parts, taken for subsistence uses
(A) for other fish or game or their parts; or
(B) for other food or for nonedible items other than money if
the exchange is of a limited and noncommercial nature;
(3) _a board" means either the Board of Fisheries or the Board
of Game;
(4) _commercial fisherman" means an individual who fishes
commercially for, takes, or attempts to take fish, shellfish, or
other fishery resources of the state by any means, and includes
every individual aboard a boat operated for fishing purposes who
participates directly or indirectly in the taking of these raw
fishery products, whether participation is on shares or as an
employee or otherwise; however, this definition does not apply
to anyone aboard a licensed vessel as a visitor or guest who
does not directly or indirectly participate in the taking;
_commercial fisherman" includes the crews of tenders or other
floating craft used in transporting fish, but does not include
processing workers on floating fish processing vessels who do
not operate fishing gear or engage in activities related to
navigation or operation of the vessel; in this paragraph
_operate fishing gear" means to deploy or remove gear from state
water, remove fish from gear during an open fishing season or
period, or possess a gill net containing fish during an open
fishing period;
(5) "commercial fishing" means the taking, fishing for, or
possession of fish, shellfish, or other fishery resources with
the intent of disposing of them for profit, or by sale, barter,
trade, or in commercial channels; the failure to have a valid
subsistence permit in possession, if required by statute or
regulation, is considered prima facie evidence of commercial
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fishing if commercial fishing gear as specified by regulation is
involved in the taking, fishing for, or possession of fish,
shellfish, or other fish resources;
(6) "commissioner" means the commissioner of fish and game
unless specifically provided otherwise;
(7) "customary and traditional" means the noncommercial, long-
term, and consistent taking of, use of, and reliance upon fish
or game in a specific area and the use patterns of that fish or
game that have been established over a reasonable period of time
taking into consideration the availability of the fish or game;
(8) "customary trade" means the limited noncommercial exchange,
for minimal amounts of cash, as restricted by the appropriate
board, of fish or game resources; the terms of this paragraph do
not restrict money sales of furs and furbearers;
(9) "department" means the Department of Fish and Game unless
specifically provided otherwise;
(i0) _domestic mammals" include musk oxen, bison, and reindeer,
if they are lawfully owned;
(ii) _domicile" means the true and permanent home of a person
from which the person has no present intention of moving and to
which the person intends to return whenever the person is away;
domicile may be proved by presenting evidence acceptable to the
boards of fisheries and game;
(12) _fish" means any species of aquatic finfish, invertebrate,
or amphibian, in any stage of its life cycle, found in or
introduced into the state, and includes any part of such aquatic
finfish, invertebrate, or amphibian;
(13) "fish derby" means a contest in which prizes are awarded
for catching fish;
(14) _fishery" means a specific administrative area in which a
specific fishery resource is taken with a specific type of gear;
however, the Board of Fisheries may designate a fishery to
include more than one specific administrative area, type of
gear, or fishery resource; in this paragraph
(A) _gear" means the specific apparatus used in the harvest of a
fishery resource; and
(B) _type of gear" means an identifiable classification of gear
and may include
(i) classifications for which separate regulations are adopted
by the Board of Fisheries or for which separate gear licenses
were required by former AS 16.05.550 - 16.05.630; and
(ii) distinct sub classifications of gear such as _power" troll
gear and "hand" troll gear or sport gear and guided sport gear;
(15) "fish or game farming" means the business of propagating,
breeding, raising, or producing fish or game in captivity for
the purpose of marketing the fish or game or their products, and
_captivity" means having the fish or game under positive
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control, as in a pen, pond, or an area of land or water that is
completely enclosed by a generally escape-proof barrier; in this
paragraph, "fish" does not include shellfish, as defined in AS
16.40.199;
(16) _fish stock" means a species, subspecies, geographic
grouping, or other category of fish manageable as a unit;
(17) _fish transporter" means a natural person who holds a fish
transporter permit issued under AS 16.05.671;
(18) _fur dealing" means engaging in the business of buying,
selling, or trading in animal skins, but does not include the
sale of animal skins by a trapper or hunter who has legally
taken the animal, or the purchase of animal skins by a person,
other than a fur dealer, for the person's own use;
(19) "game" means any species of bird, reptile, and mammal,
including a feral domestic animal, found or introduced in the
state, except domestic birds and mammals; and game may be
classified by regulation as big game, small game, fur bearers or
other categories considered essential for carrying out the
intention and purposes of AS 16.05 - AS 16.40;
(20) _game population" means a group of game animals of a single
species or subgroup manageable as a unit;
(21) _hunting" means the taking of game under AS 16.05 - AS
16.40 and the regulations adopted under those chapters;
(22) "nonresident" means a person who is not a resident of the
state;
(23) _nonresident alien" means a person who is not a citizen of
the United States and whose permanent place of abode is not in
the United States;
(24) _operator" means the individual by law made responsible for
the operation of the vessel;
(25) "personal use fishing" means the taking, fishing for, or
possession of finfish, shellfish, or other fishery resources, by
Alaska residents for personal use and not for sale or barter,
with gill or dip net, seine, fish wheel, long line, or other
means defined by the Board of Fisheries;
(26) "person with physical disabilities" means a person who
presents to the department either written proof that the person
receives at least 70 percent disability compensation from a
government agency for a physical disability or an affidavit
signed by a physician licensed to practice medicine in the state
stating that the person is at least 70 percent physically
disabled;
(27) _resident" means
(A) a person who for the 12 consecutive months immediately
preceding the time when the assertion of residence is made has
maintained the person's domicile in the state and who is neither
claiming residency in another state, territory, or country nor
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obtaining benefits under a claim of residency in another state,
territory, or country;
{B) a partnership, association, joint stock company, trust, or
corporation that has its main office or headquarters in the
state; a natural person who does not otherwise qualify as a
resident under this paragraph may not qualify as a resident by
virtue of an interest in a partnership, association, joint stock
company, trust, or corporation;
(C) a member of the military service, or United States Coast
Guard, who has been stationed in the state for the 12
consecutive months immediately preceding the time when the
assertion of residence is made;
(D) a person who is the dependent of a resident member of the
military service, or the United States Coast Guard, and who has
lived in the state for the 12 consecutive months immediately
preceding the time when the assertion of residence is made; or
(E) an alien who for the 12 consecutive months immediately
preceding the time when the assertion of residence is made has
maintained the person's domicile in the state and who is neither
claiming residency in another state, territory, or country nor
obtaining benefits under a claim of residency in another state,
territory, or country;
(28) _rural area" means a community or area of the state in
which the noncommercial, customary, and traditional use of fish
or game for personal or family consumption is a principal
characteristic of the economy of the community or area;
(29) "seizure" means the actual or constructive taking or
possession of real or personal property subject to seizure under
AS 16.05 - AS 16.40 by an enforcement or investigative officer
charged with enforcement of the fish and game laws of the state;
(30) "sport fishing" means the taking of or attempting to take
for personal use, and not for sale or barter, any fresh water,
marine, or anadromous fish by hook and line held in the hand, or
by hook and line with the line attached to a pole or rod which
is held in the hand or closely attended, or by other means
defined by the Board of Fisheries;
(31) _subsistence fishing" means the taking of, fishing for, or
possession of fish, shellfish, or other fisheries resources by a
resident domiciled in a rural area of the state for subsistence
uses with gill net, seine, fish wheel, long line, or other means
defined by the Board of Fisheries;
(32) "subsistence hunting" means the taking of, hunting for, or
possession of game by a resident domiciled in a rural area of
the state for subsistence uses by means defined by the Board of
Game;
(33) _subsistence uses" means the noncommercial, customary and
traditional uses of wild, renewable resources by a resident
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domiciled in a rural area of the state for direct personal orfamily consumption as food, shelter, fuel, clothing, tools, or
transportation, for the making and selling of handicraft
articles out of nonedible by-products of fish and wildlife
resources taken for personal or family consumption, and for the
customary trade, barter, or sharing for personal or family
consumption; in this paragraph, "family" means persons related
by blood, marriage, or adoption, and a person living in the
household on a permanent basis;
(34) "take" means taking, pursuing, hunting, fishing, trapping,
or in any manner disturbing, capturing, or killing or attempting
to take, pursue, hunt, fish, trap, or in any manner capture or
.kill fish or game;
(35) _taxidermy" means tanning, mounting, processing, or other
treatment or preparation of fish or game, or any part of fish or
game, as a trophy, for monetary gain, including the receiving of
the fish or game or parts of fish or game for such purposes;
(36) "trapping" means the taking of mammals declared by
regulation to be fur bearers;
(37) "vessel" means a floating craft powered, towed, rowed, or
otherwise propelled, which is used for delivering, landing, or
taking fish within the jurisdiction of the state, but does not
include aircraft.
5 AAC 85.045 Hunting seasons and bag limits for moose
(a) In this section, the phrase "General hunt only" means that
there is a general hunt for residents, but no subsistence hunt,
during the relevant open season. For those units or portions of
units within non-subsistence areas established by the Joint
Boards of Fisheries and Game (5 AAC 99.015), there is a general
hunt only. Hunting seasons and bag limits for moose are as
follows:
Units and Bag Limits
(1)
Unit I(A)
1 bull by registration permit
only Units I(B) and 3
1 bull with spike-fork
Resident
Open Season
(Subsistence and
General Hunts)
Sept. 15 - Oct.
15 (General hunt
only)
Sept. 15 - Oct.
15
Nonresident
Open Season
Sept. 15 -
Oct. 15
Sept. 15 -
Oct. 15
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antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side or antlers
with 2 or more brow tines on
each side, by registration
permit only
Unit I(C) Berners Bay
drainages
1 moose by drawing permit
only; up to 30 permits may be
issued
Unit I(C), that portion south
of Point Hobart, including
all Port Houghton drainages
1 bull with spike-fork
antlers Or 50-inch antlers or
antlers with 3 or more brow
tines on one side or antlers
with 2 or more brow tines on
each side, by registration
permit only Unit I(C), that
portion west of Excursion
Inlet and north of Icy
Passage
1 moose per regulatory year,
only as follows:
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side by
registration permit only; or
1 antlerless moose by drawing
permit only; up to i00
permits may be issued
Remainder of Unit I(C)
1 bull by registration permit
only Unit I(D)
1 bull with spike-fork or 50-
inch antlers or antlers with
3 or more brow tines on one
side by Tier II subsistence
hunting permit only; up to
Sept. 15 - Oct.
15 (General hunt
only)
Sept. 15 - Oct.
15 (General hunt
only)
Sept. 15 - Oct.
15 (General hunt
only)
Nov. I0 - Dec. i0
(General hunt
only)
Sept. 15 - Oct.
15 (General hunt
only)
Sept. 15 - Oct. 7
(Subsistence hunt
only)
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Sept. 15 -
Oct. 15,
Sept. 15 -
Oct. 15
Sept. 15 -
Oct. 15
Nov. i0 - Dec.
i0
Sept. 15 -
Oct. 15
No open
season.
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250 permits may be issued
(2)
Units 2 and 4
(3)
Unit 5(A), that portion south
of Wrangell-Saint Elias
National Park, north and east
of Russell and Nunatak
Fiords, and east of the east
side of East Nunatak Glacier
to the Canadian Border
(Nunatak Bench)
1 moose by registration
permit only; up to 5 moose
may be taken
Remainder of Unit 5(A)
1 bull by registration permit
only; up to 60 bulls may be
taken; the commissioner may,
by emergency order, close the
season in that portion west
of the Dangerous River when
30 bulls have been taken from
that area Unit 5(B)
1 bull by registration permit
only; up to 25 bulls may be
taken
(4)
unit 6(A), all drainages into
the Gulf of Alaska from Cape
Suckling to Palm Point
1 moose per regulatory year,
only as follows:
RESIDENT HUNTERS:
1 bull by registration permit
only; up to 30 bulls may be
taken; or
1 antlerless moose by drawing
permit only; up to 30 drawing
permits may be issued
NONRESIDENT HUNTERS:
1 bull by drawing permit
only; up to 5 drawing permits
No open season. No open
season.
Nov. 15 - Feb. 15 Nov. 15 - Feb.
15
Oct. 15 - Nov. 15
Sept. 1 - Dec. 15
Oct. 15 - Nov.
15
Sept. 1 - Dec.
15
Sept_ 1 - Nov. 30
(General hunt
only)
Sept. 1 - Nov. 30
(General hunt
only)
Sept. 1 - Nov.
30
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may be issued
Remainder of Unit 6(A)
1 moose per regulatory year,
only as follows:
RESIDENT HUNTERS:
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side; or
1 antlerless moose by
registration permit only; up
to 20 antlerless moose may be
taken
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 3or more brow
tines on one side; or
1 antlerless moose by
registration permit only; up
to 20 antlerless moose may be
taken
Unit 6 (B)
1 moose per regulatory year,
only as follows:
1 antlered moose by
registration permit only; up
to 30 antlered moose may be
taken; or
1 antlerless moose by drawing
permit only; up to 30 drawing
permits may be issued for
antlerless moose;
Unit 6(C)
1 moose by drawing permit
only; up to 40 permits for
bulls and up to 20 permits
for antlerless moose may be
issued
Unit 6(D)
1 bull
(5)
Sept. 1 - Nov. 30
(General hunt
only)
Nov. 15 - Dec. 31
(General hunt
only)
Sept. 1 - Nov. 30
Nov. 15 - Dec. 31
Aug. 27 - Oct. 31
(General hunt
only)
Aug. 27 - Oct. 31
(General hunt
only)
Sept. 1 - Oct. 31
(General hunt
only)
Sept. 1 - Sept.
30 (General hunt
only)
xiii
No open
season.
No open
season.
No open
season.
Sept. 1
Sept. 30
Unit 7, the Placer Riverdrainages, and that portionof the Placer Creek (BearValley) drainage outside thePortage Glacier Closed Area,and that portion of Unit14(C) within the TwentymileRiver drainageRESIDENT HUNTER:1 moose by drawing permitonly; up to 60 permits forbulls will be issued incombination with non-residenthunts, and up to 70 permitsfor antlerless moose will beissuedNONRESIDENT HUNTERS:lbull by drawing permitonly; up to 60 permits forbulls will be issued incombination with residenthuntsUnit 7, that portion west ofthe Resurrection Creek Trailand north of the SterlingHighway1 bull per regulatory year,only as follows:1 bull with 50-inch antlersor antlers with 4 or morebrow tines on one side; or1 bull with spike-forkantlers or 50-inch antlers orantlers with 3 or more browtines on one side by drawingpermit only; up to 25 permitsmay be issued in combinationwith Unit 15(A), that portioneast of the Mystery CreekRoad and the Pipeline Road,and north of the SterlingHighway(6)
Remainder of Unit
7
Aug. 20 - Oct. i0
(General hunt
only)
Aug. 20 Oct. i0
Aug. 20 - Sept.
20 (General hunt
only)
Oct. i0 - Nov. I0
(General hunt
only)
Aug. 20 - Sept.
20 (General hunt
xiv
Aug. 20 -
Sept. 20
Oct. i0 - Nov.
i0
Aug. 20 -
Sept. 20
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!
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side
(7)unit 8
(8)
Unit 9 (A)
1 bull by registration permit
only
Unit 9(B)
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlered bull by
registration permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side, by
registration permit only Unit
9(C), that portion draining
into the Naknek River
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlered bull by
registration permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 3 or more
brow tines on one side, by
registration permit only
Remainder of Unit 9(C)
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlered bull by
registration permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 3 or more
brow tines on one side, by
only)
No open season.
Sept. 1 - Sept.
15
Sept. 1 - Sept.
15
Dec. 15 - Jan. 15
Sept. 1 - Sept.
20
Dec. 1 - Dec. 31
Sept. 1 - Sept.
20
Dec. 15 - Jan. 15
My
No open
season.
Sept. 5 -
Sept. 15
Sept. 5 -
Sept. 15
Sept. 5 -
Sept. 20
Sept. 5 -
Sept. 20
I
registration permit only
Unit 9 (D)
1 antlered bull by
registration permit only
Unit 9(E)
RESIDENT HUNTERS:
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side by
registration permit only; or
1 antlered bull by
registration permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 3 or more
brow tines on one side, by
registration permit only
(9)
Unit ii, that portion east of
the east bank of the Copper
River upstream from and
including the Slana River
drainage
RESIDENT HUNTERS:
1 bull per harvest report by
community harvest permit
only; however, no more than
70 bulls that do not meet
antler restrictions for other
resident hunts in the same
area may be taken in the
entire community harvest
area; or
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side, by
registration permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 3 or more
brow tines on one side, by
registration permit only
Remainder of Unit ii
1 bull per harvest report by
Dec. 15 - Jan. 20 No open
season.
Sept. i0 - Sept.
25
Sept. 1 - Sept.
20
Sept. i0 -
Sept. 25
Aug. i0 - Sept. No open
20 - season.
(Subsistence
hunt only)
Aug. 20 - Sept 17
Aug. 20 -
Sept. 17
Aug. i0 - Sept. No open
xvi
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community harvest permit
only; however, no more than
70 bulls that do not meet
antler restrictions for other
resident hunts in the same
area may be taken in the
entire community harvest
area ; or
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side
(i0)
Unit 12, that portion
including all drainages into
the west bank of the Little
Tok River, from its
headwaters in Bear Valley at
the intersection of the unit
boundaries of Units 12 and 13
to its junction with the Tok
River, and all drainages into
the south bank of the Tok
River from its junction with
the Tok river to the Tok
Glacier
RESIDENT HUNTERS:
1 bull per harvest report by
community harvest permit
only; however, no more than
70 bulls that do not meet
antler restrictions for other
resident hunts in the same
area may be taken in the
entire community harvest
area; or
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 4 or more brow
tines on one side
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side
Unit 12, remainder of that
portion in the Tok River
drainage upstream from the
20 (Subsistence
hunt only)
Aug. 20 - Sept.
2O
Aug. 24 - Aug. 28
Aug. 24 - Aug. 28
Aug. 24 - Aug. 28
xvii
season.
Aug. 20 -
Sept. 20
Sept. 8 -
Sept. 17
(Subsistence
hunt only)
Sept. 8 -
Sept. 17
Sept. 8 -
Sept. 17
Tok Cutoff BridgeRESIDENT HUNTERS:1 bull with spike-forkantlers or 50-inch antlers orantlers with 4 or more browtines on one sideNONRESIDENT HUNTERS:1 bull with 50-inch antlersor antlers with 4 or morebrow tines on one sideUnit 12, that portion lyingeast of the Nabesna River andsouth of the winter trailrunning southeast fromPickerel Lake to the Canadianborder 1 bull with 50-inchantlers or antlers with 4 ormore brow tines on one sideunit 12, that portion withinthe Nabesna River drainagewest of the east bank of theNabesna River upstream fromthe southern boundary of theTetlin National WildlifeRefugeRESIDENT HUNTERS:1 bull with spike-forkantlers or 50-inch antlers orantlers with 3 or more browtines on one side, byregistration permit onlyNONRESIDENT HUNTERS:1 bull with 50-inch antlersor antlers with 3 or morebrow tines on one side, byregistration permit onlyRemainder of Unit 12RESIDENT HUNTERS:1 bull
NONRESIDENT HUNTERS:1 bull with 50-inch antlersor antlers with 4 or morebrow tines on one side(ii)Unit 13
Sept. 8 - Sept.17
Sept. 8 -Sept. 17
Sept. 1 - Sept. Sept. 1 -30 Sept. 30
Aug. 20 Sept.17
Aug. 20 -Sept. 17
Aug. 24 - Aug. 28 Sept. 8 -Sept. 17
Sept. 8 - Sept.17
xviii
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1 moose per regulatory year,
only as follows:
RESIDENT HUNTERS:
1 bull per harvest report by
community harvest permit
only; however, no more than
70 bulls that do not meet
antler restrictions for other
resident hunts in the same
area may be taken in the
entire community harvest
area; or
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 4 or more brow
tines on one side; or
1 bull, by drawing permit
only; up to 1,000 permits may
be issued; or
1 antlerless moose by drawing
permit only; up to 200
permits may be issued; a
person may not take a calf or
a cow accompanied by a calf
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side by
drawing permit only; up to
150 permits may be issued
(12)
Unit 14(A)
1 moose per regulatory year,
only as follows:
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side, by bow and
arrow only; or
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side; or
1 antlerless moose by drawing
permit only; up to 1,000
antlerless moose permits may
Aug. i0 - Sept.
20 (Subsistence
hunt only)
Sept. 1 - Sept.
20 (Subsistence
hunt only)
Sept. 1 - Sept.
20 (General hunt
only)
Sept. 1 - Sept.
20 (General hunt
only)
Aug. i0 Aug. 17
(General hunt
only)
Aug. 25 Sept.
25 (General hunt
only)
Aug. 20 Sept.
25 (General hunt
only) Nov. 1 -
xix
Sept. 1 -
Sept. 20
Aug. i0 - Aug.
17
Aug. 25 -
Sept. 25
No open
season.
be issued; or
1 moose by hot-spot permitonly; by shotgun only; up to200 permits may be issued
Unit 14(B)1 bull per regulatory year,only as follows:1 bull with spike-forkantlers or 50-inch antlers orantlers with 3 or more browtines on one side, by bow andarrow only; or1 bull with spike-forkantlers or 50-inch antlers orantlers with 3 or more browtines on one sideUnit 14(C), Joint BaseElmendorf-Richardson (JBFR)Management Area
1 moose per regulatory yearby drawing permit, and bymuzzleloading blackpowderrifle or bow and arrow only;up to 185 permits may beissuedUnit 14(C), that portionknown as the BirchwoodManagement Area
1 moose by drawing permit, bybow and arrow only; up to 25permits may be issuedUnit 14(C), that portionknown as the AnchorageManagement Area
1 antlerless moose by drawingpermit only, and by bow andarrow, shotgun, ormuzzleloader only; up to 50permits may be issuedUnit 14(C), that portion ofthe Ship Creek drainage
Dec. 25 (Generalhunt only)Winter season tobe announced byemergency order(General huntonly)
Aug. i0 - Aug. 17(General huntonly)
Aug. 25 - Sept.25 (General huntonly)
Day after LaborDay - Mar. 31(General huntonly)
Day after LaborDay - Sept. 30(General huntonly)
Day after LaborDay - Nov. 30(General huntonly)
XX
No open
season.
Aug. i0 - Aug.
17
Aug. 25 -
Sept. 25
Day after
Labor Day -
Mar. 31
Day after
Labor Day -
Sept. 30
No open
season.
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upstream of the Joint Base
Elmendorf-Richardson (JBER)
Management Area
1 moose by drawing permit
only; up to 50 permits may be
issued; or
1 bull by registration permit
only
Unit 14(C), the Eklutna Lake
Management Area
1 bull by registration
permit, by bow and arrow
only; up to 6 bulls may be
taken
Remainder of Unit 14(C)
1 moose per regulatory year,
only as follows:
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side; or
1 antlerless moose by drawing
permit only; up to 60 permits
may be issued; or
1 bull by drawing permit
only, by bow and arrow only;
up to i0 permits may be
issued
(13)
Unit 15(A), the Skilak Loop
Wildlife Management Area
1 bull with spike-fork
antlers by drawing permit
only; up to 30 permits may be
issued
Unit 15(A), that portion east
of the Mystery Creek Road and
the Pipeline Road, and north
of the Sterling Highway
1 bull per regulatory year,
only as follows:
Day after Labor
Day - Sept. 30
(General hunt
only)
Oct. 1 - Nov. 30
(General hunt
only)
Day after Labor
Day - Oct. 20
(General hunt
only)
Day after Labor
Day - Sept. 30
(General hunt
only)
Day after Labor
Day - Sept. 30
(General hunt
only)
Oct. 20 - Nov. 15
Sept. 15 - Sept.
30 (General hunt
only)
xxi
Day after
Labor Day -
Sept. 30
Oct. 1 - Nov.
3O
Day after
Labor Day -
Oct. 20
Day after
Labor Day -
Sept. 30
No open
season.
No open
season.
Sept. 15 -
Sept. 30
i
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side, by
bow and arrow only; or
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side; or
1 bull with spike-fork
antlers or 50-inch antlers or
antlers with 3 or more brow
tines on one side by drawing
permit only; up to 25 permits
may be issued in combination
with Unit 7, that portion
west of the Resurrection
Creek Trail and north of the
Sterling Highway
Remainder of Unit 15(A)
1 bull per regulatory year,
only as follows:
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side, by
bow and arrow only; or
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side
Unit 15(B), that portion
bounded by line running from
the mouth of Shanta-talik
Creek, Tustumena Lake,
northeastward to the head of
the westernmost fork of Funny
River; then downstream along
the westernmost fork of Funny
River to the Kenai National
Wildlife Refuge boundary;
then east along the refuge
boundary to its junction with
the Kenai River; then
eastward along the south side
of the Kenai River and Skilak
Lake; then south along the
western side of Skilak River,
Skilak Glacier, and Harding
Icefield; then west along the
unit 15(B) boundary to the
Aug. i0 - Aug. 17
(General hunt
only)
Aug. 20 - Sept.
20 (General hunt
only)
Oct. i0 - Nov. i0
(General hunt
only)
Aug. i0 - Aug. 17
(General hunt
only)
Aug. 20 - Sept.
20 (General hunt
only)
Sept. 1 Sept.
20 (General hunt
only) Sept. 26 -
Oct. 15 (General
hunt only)
xxii
No open
season.
No open
season.
Oct. i0 - Nov.
i0
No open
season.
No open
season.
Sept. 1 -
Sept. 20 Sept.
26 - Oct. 15
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mouth of Shantatalik Creek
1 bull with 50-inch antlers
or antlers with 3 or more
brow tines on one side by
drawing permit only; up to
i00 permits may be issued
Remainder of Unit 15(B)
1 bull per regulatory year,
only as follows:
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side, by
bow and arrow only; or
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side
Unit 15(C), that portion
southwest of a line from
Point Pogibshi to the point
of land between Rocky Bay and
Windy Bay 1 bull by Tier II
subsistence hunting permit
Unit 15(C), that portion
south of the south fork of
the Anchor River and
northwest of Kachemak Bay
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side; or
1 antlerless moose by drawing
permit only; the taking of
calves, and females
accompanied by calves, is
prohibited; up to i00 permits
may be issued
Remainder of Unit" 15(C)
1 bull with 50-inch antlers
or antlers with 4 or more
brow tines on one side
Aug. i0 - Aug. 17
(General hunt
only)
Aug. 20 - Sept.
20 (General hunt
only)
Aug. 25 - Sept.
30 (Subsistence
hunt only)
Aug. 20 - Sept.
20 (General hunt
only)
Aug. 20 - Sept.
20
Aug. 20 - Sept.
20 (General hunt
only)
Aug. I0 - Aug.
17
Aug. 20 -
Sept. 20
No open
season.
No open season
Aug. 20 -
Sept. 20
No open
season.
(14) the hunting seasons and bag limits for moose in Unit 16 are
as follows:
(A) before July i, 2012, the hunting seasons and bag limits for
moose in Unit 16 are as follows:
xxiii
Unit 16(A)1 bull per regulatory year, only asfollows:1 bull with spike-fork antlers or 50-inch antlers or antlers with 3 or morebrow tines on one side, by bow andarrow only; or
1 bull with spike-fork antlers or 50-
inch antlers or antlers with 3 or more
brow tines on one side Unit 16(B),
Kalgin Island
1 moose per regulatory year,by
registration permit only
Remainder of Unit 16(B)
1 bull per regulatory year, only as
follows:
RESIDENT HUNTERS:
1 bull with spike-fork antlers or 50-
inch antlers or antlers with 3 or more
brow tines on one side by Tier II
subsistence hunting permit only; if the
harvestable portion is 199 moose or
less; up to 400 permits may be issued;
or-
1 bull by Tier II subsistence hunting
permit only; or
1 bull with spike-fork antlers or 50-
inch antlers or antlers with 3 or more
brow tines on one side; if the
harvestable portion is greater than 199
moose, but less than 241 moose; or
1 bull by Tier II subsistence hunting
permit only; up to 260 permits may be
issued; or
1 bull with spike-fork antlers or 50-
inch antlers or antlers with 3 or more
brow tines on one side; if the
harvestable portion is greater than 240
moose; or
1 bull by Tier II subsistence hunting
permit only; up to 260 permits may be
issued
xxiv
Aug. i0 - Aug.
17 (General
hunt only)
Aug. 20 - Sept.
25 (General
hunt only)
Aug. 20 - Sept.
20
Aug.
i0 -
Aug.
17
Aug.
20 -
Sept.
25
Aug.
20 -
Sept.
2O
Aug. 20 - Sept.
30 (Subsistence
hunt only)
Nov. 15 - Feb.
28 (Subsistence
hunt only)
Sept. 1 - Sept.
20 (Subsistence
hunt only)
Nov. 15 - Feb.
28 (Subsistence
hunt only)
Aug. 20 - Sept.
25 (Subsistence
hunt only)
Nov. 15 - Feb.
28 (Subsistence
hunt only)
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NONRESIDENT HUNTERS:
1 bull with spike-fork antlers or 50-
inch antlers or antlers with 3 or more
brow tines on one side; if the
harvestableportion is greater than 240
moose
Aug.
25 -
Sept.
15
(B) on or after July I, 2012, the hunting seasons and bag limits
for moose in Unit 16 are as follows:
Unit 16(A)
1 bull per regulatory year,
only as follows:
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 3 or more brow tines on
one side, by bow and arrow
only; or
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 3 or more brow tines on
one side
unit 16(B), Kalgin Island
1 moose per regulatory year, by
registration permit only
Remainder of Unit 16(B)
1 bull per regulatory year,
only as follows:
RESIDENT HUNTERS:
If the harvestable portion 30
is 199 moose or less; up to 400
total Tier II permits may be
issued;
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 3 or more brow tines on
one side by Tier II subsistence
hunting permit only; or
1 bull by Tier II subsistence
hunting permit only; or if the
harvestable portion is greater
than 199 moose, but less than
241 moose;
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 3 or more brow tines on
Aug. i0 - Aug.
17 (General
hunt only)
Aug. 20 - Sept.
25 (General
hunt only)
Aug. i0 - Aug.
17
Aug. 20 -
Sept. 25
Aug. 20 Sept. Aug. 20 -
20 Sept. 20
Aug. 20 - Sept.
(Subsistence
hunt only)
Dec. 15 - Mar.
31
Sept. 1 - Sept.
20 (Subsistence
hunt only)
xxv
one side; or1 bull by Tier II subsistencehunting permit only; up to 260permits may be issued; orIf the harvestable portion isgreater than 240 moose
1 bull with spike-fork antlersor 50-inch antlers with 3 ormore brow tines on one side; or1 bull by Tier II subsistencehunting permit only; up to 260permits may be issuedNONRESIDENT HUNTERS:1 bull with spike-fork antlersor 50-inch antlers or antlerswith 3 or more brow tines onone side; if the harvestableportion is greater than 240moose(15)
Unit 17(A)
1 bull per regulatory year,
only as follows:
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlered bull by registration
permit; during the period Dec.
1 - Jan. 31, a season of up to
14 days may be announced by
emergency order
NONRESIDENT HUNTERS:
Unit 17(B), that portion in the
Unit 17(B) nonresident closed
area
RESIDENT HUNTERS:
1 bull by registration permit
only; however, during the
period Sept. 1 - Sept. 15,
spike-fork bulls and bulls with
50-inch antlers or antlers with
3 or more brow tines on one
side may be taken with a
harvest ticket; or
Dec. 15 - Mar.
31 (Subsistence
hunt only)
Aug. 20 - Sept.
25 (Subsistence
hunt only)
Dec. 15 - Mar.
31 (Subsistence
hunt only)
Aug. 25 - Sept.
20 (Subsistence
hunt only)
Dec. 1 - Jan.
31 (Subsistence
hunt only)
Aug. 20 - Sept.
15
Aug. 25 -
Sept. 15
No open
season. (To be
announced)
Dec. 1 - Dec.
31
xxvi
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1 antlered bull by registration
permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side, by
registration permit only; up to
75 permits may be issued
Remainder of Unit 17(B)
RESIDENT HUNTERS:
1 bull by registration permit
only; however, during the
period Sept. 1 - Sept. 15,
spike-fork bulls and bulls with
50-inch antlers or antlers with
3 or more brow tines on one
side may be taken with a
harvest ticket; or
1 antlered bull by registration
permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Unit 17(C)
RESIDENT HUNTERS:
1 bull by registration permit
only; however, during the
period Sept. 1 - Sept. 15,
spike-fork bulls and bulls with
50-inch antlers or antlers with
3 or more brow tines on one
side may be taken with a
harvest ticket; or
1 antlered bull by registration
permit only
NONRESIDENT HUNTERS:
(16)
Unit 18 Kuskokwim Area, that
portion easterly of a line from
the mouth of the Ishkowik River
to the closest point of Dall
Lake then to the east bank of
the Johnson River at its
xxvii
Dec. 1 - Dec.
31
Aug. 20 - Sept.
15
Dec. 1 - Dec.
31
Aug. 20 - Sept.
15
Dec. 1 - Dec.
31
Sept. 1 - Sept.
i0
Sept. 5 -
Sept. 15
Dec. 1 - Dec.
31
Sept. 5 -
Sept. 15
No open
season.
No open
season.
entrance into NunavakanukakslakLake (608 59.41' N. latitude,1628 22.14' W. longitude),continuing upriver along a line
one-half mile south and east
of, and paralleling a line
along the southerly bank of the
Johnson River _o the confluence
of the east bank of Crooked
Creek, then continuing upriver
along the east bank of Crooked
Creek to the outlet at Arhymot
Lake, then following the south
bank of Arhymot Lake easterly
to the Unit 18 border and north
of and including the Eek River
drainage
1 antlered bull by registration
permit only Unit 18, that
portion south of and including
the Goodnews River drainage
1 antlered bull by registration
permit only Unit 18, that
portion south of the Eek River
drainage and north of the
Goodnews River drainage
1 antlered bull per regulatory
year Unit 18, Lower Yukon Area,
that portion north and west of
the Kashunuk River including
the north bank from the mouth
of the river upstream to the
old village of Chakaktolik,
west of a line from Chakaktolik
to Mountain Village, and
excluding all Yukon River
drainages upriver from Mountain
Village
RESIDENT HUNTERS:
2 moose of which only 1 may be
an antlered bull; a person may
not take a calf or a cow
accompanied by a calf; or
2 antlerless moose
NONRESIDENT HUNTERS:
1 antlered bull;
xxviii
Sept. 1 - Sept.
30
Sept. 1- Sept.
30
Aug. 1 - Sept.
30
No open
season.
No open
season.
Oct. 1 - Last
Day of Feb.
Sept. 1 -
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Remainder of Unit 18
1 antlered bull; or
1 moose
(17)
Unit 19(A), that portion within
the Lime Village Management
Area
2 bulls per regulatory year; up
to 28 bulls may be taken by
Tier II subsistence hunting
permit only; up to 14 permits
may be issued
Unit 19(A), that portion
downstream from and including
the George River drainage, and
downstream from and excluding
the Downey River drainage
RESIDENT HUNTERS:
1 antlered bull by Tier II
permit only; up to 300 permits
may be issued
NONRESIDENT HUNTERS:
Remainder of Unit 19(A)
Unit 19(B) within the
Nonresident Closed Area
RESIDENT HUNTERS:
1 bull with spike-fork or 50-
inch antlers or antlers with 4
or more brow tines on one side
NONRESIDENT HUNTERS:
Remainder of Unit 19(B)
RESIDENT HUNTERS:
1 bull with spike-fork or 50-
inch antlers or antlers with 4
or more brow tines on one side
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Unit 19(C)
RESIDENT HUNTERS:
1 bull with spike-fork or 50-
Aug. i0 - Sept.
30
Dec. 20 - Last
Day of Feb.
Aug. i0 - Sept.
25 (Subsistence
hunt only)
Sept. 1 - Sept.
20
No open season.
Sept. 1 - Sept.
2O
Sept. 1 - Sept.
2O
Sept. 1 - Sept.
xxix
Sept. 30
Sept. 1 -
Sept. 30
No open
season.
Nov. 20 - Mar.
31 Subsistence
hunt only)
No open
season.
No open
season.
No open
season.
Sept. 5 -
Sept. 20
i
inch antlers or antlers with 4
or more brow tines on one side;
or
1 bull by registration permit
only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
with 4 or more brow tines on
one side
Unit 19(D), that portion in the
Upper Kuskokwim Controlled Use
Area
1 antlered bull by registration
permit; or
1 moose by registration permit;
during the period Feb. 1 - Feb.
28, a season may be announced
by emergency order Unit 19(D),
that portion between and
including the Cheeneetnuk and
Gagaryah River drainages,
excluding that portion within 2
miles of the Swift River
RESIDENT HUNTERS:
1 antlered bull; or
1 antlered bull by registration
permit; or
1 moose by registration permit;
during the period Feb. 1 Feb.
28, a season may be announced
by emergency order
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Remainder of Unit 19(D)
1 antlered bull; or
1 antlered bull by registration
permit; or
1 moose by registration permit;
during the period Feb. 1 - Feb.
28, a season may be announced
by emergency order
(18)
20
Feb. 1 Feb.
28
Sept. 1 - Sept.
25
(To be
announced)
Sept. 1 - Sept.
2O
Sept. 1 - Sept.
25
(To be
announced)
Sept. 1 - Sept.
20
Sept. 1 - Sept.
25
(To be
announced)
XXX
Sept. 1 -
Sept. 20
No open
season.
No open
season.
No open
season.
No open
season.
Sept. 1 -
Sept. 20
No open
season.
No open
season.
No open
season.
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Unit 20(A), the Ferry Trail
Management Area, Wood River
Controlled Use Area, and the
¥anert Controlled Use Area
RESIDENT HUNTERS:
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 4 or more brow tines on
one side; or
1 antlerless moose by drawing
permit only; up to 2,000
permits may be issued in
combination with the Remainder
of Unit 20(A); a person may not
take a cow accompanied by a
calf; or
1 antlerless moose by
registration permit only; a
person may not take a cow
accompanied by a calf; or
1 bull by drawing permit only;
up to 1,000 permits may be
issued in combination with the
Remainder of unit 20(A); or
1 bull by drawing permit only;
by muzzleloader only; up to 75
permits may be issued in
combination with nonresidents
in Unit 20(A)
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side; or
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side, by drawing
permit only; by muzzleloader
only; up to 75 permits may be
issued in combination with
residents in unit 20(A)
Remainder of Unit 20(A)
RESIDENT HUNTERS:
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 3 or more brow tines on
one side; or
Sept. 1 - Sept.
25 (General
hunt only)
Aug. 15 - Nov.
15 (General
hunt only)
Oct. 1 - Feb.
28 (General
hunt only)
Sept. 1 - Sept.
25 (General
hunt only)
Nov. 1 - Nov.
30 (General
hunt only)
Sept. 1 - Sept.
25
xxxi
Sept. 1 -
Sept. 25
Nov. 1 - Nov.
3O
I
1 antlerless moose by drawing
permit only; up to 2,000
permits may be issued in
combination with Unit 20(A),
the Ferry Trail Management
Area, Wood River Controlled Use
Area, and the Yanert Controlled
Use Area; a person may not take
a cow accompanied by a calf; or
1 antlerless moose by
registration permit only; a
person may not take a cow
accompanied by a calf; or
1 bull by drawing permit only;
up to 1,000 permits may be
issued in combination with Unit
20(A), the Ferry Trail
Management Area, Wood River
Controlled Use Area, and the
Yanert Controlled Use Area;
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side;
Unit 20(B), that portion within
Creamer's Refuge
1 bull with spike-fork or
greater antlers, by bow and
arrow only; or
1 antlerless moose by bow and
arrow only, by drawing permit
only; up to 150 bow and arrow
permits may be issued in the
Fairbanks Management Area; a
recipient of a drawing permit
is prohibited from taking an
antlered bull moose in the
Fairbanks Management Area; or
1 antlerless moose by muzzle-
loader by drawing permit only;
up to i0 permits may be
issued;a recipient of a drawing
permit is prohibited from
taking an antlered bull moose
Aug. 15 - Nov.
15 (General
hunt only)
Aug. 25 - Feb.
28
Sept. 1 - Sept.
25
Sept. 1 - Sept.
25
Sept. 1 - Sept.
30 (General
hunt only)
Nov. 21 - Nov.
27 (General
hunt only)
Sept. 1 - Nov.
27 (General
hunt only)
Dec. 1 - Jan.
31 (General
hunt only)
xxxii
Sept. 1
Sept. 30
Nov. 21 - Nov.
27
Sept. 1 - Nov.
27
Dec. 1 - Jan.
31
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in the Fairbanks Management
Area
unit 20(B), remainder of the
Fairbanks Management Area
1 bull with spike-fork or
greater antlers, by bow and
arrow only; or
1 antlerless moose by bow and
arrow only, by drawing permit
only; up to 150 bow and arrow
permits may be issued in the
Fairbanks Management Area; a
recipient of a drawing permit
is prohibited from taking an
antlered bull moose in the
Fairbanks Management Area
Unit 20(B), that portion within
the Minto Flats Management Area
1 bull; or
1 bull with spike-fork antlers
or 50-inch antlers or antlers
with 4 or more brow tines on
one side; or
1 antlerless moose by
registration permit only Unit
20(B), the drainage of the
Middle Fork of the Chena River
1 antlerless moose by drawing
permit only; up to 300 permits
may be issued; a person may not
take a cow accompanied by a
calf; or
1 antlerless moose by
registration permit only; a
person may not take a cow
accompanied by a calf; or
1 bull; or
1 bull, by bow and arrow only;
or
1 bull by drawing permit only;
by muzzleloader only; up to 60
Sept. 1 Sept.
30 (General
hunt only)
Nov. 21 Nov.
27 (General
hunt only)
Sept. 1 - Nov.
27 (General
hunt only)
Aug. 21 - Aug.
27 (Subsistence
hunt only)
Sept. 8 - Sept.
25
Oct. 15 - Feb.
28 (Subsistence
hunt only)
Aug. 15 - Nov.
15 (General
hunt only)
Oct. 1 - Feb.
28 (General
hunt only)
Sept. 1 - Sept.
2O
Sept. 21 -
Sept. 30
Nov. 1 - Nov.
30 (General
xxxiii
Sept. 1 -
Sept. 30
Nov. 21 - Nov.
27
Sept. i - Nov.
27
No open
season.
No open
season.
No open season
No open
season.
No open
season.
Sept. 1 -
Sept. 20
Sept. 21 -
Sept. 30
No open
season.
I
permits may be issued in
combination with the hunt in
the Salcha River drainage
upstream from and including
Goose Creek
Unit 20(B), that portion of the
Salcha River drainage upstream
from and including Goose Creek
1 bull; or
1 bull, by bow and arrow only;
or
1 bull by drawing permit only;
by muzzleloader only: up to 60
permits may be issued in
combination with the hunt in
the Middle Fork of the Chena
River
Unit 20(B), that portion
southeast of the Moose Creek
dike within one-half mile of
each side of the Richardson
Highway
i bull; or
1 moose by drawing permit only;
by bow and arrow or
muzzleloader only; up to i00
permits may be issued
Remainder of Unit 20(B)
1 bull; or
1 antlerless moose by drawing
permit only; up to 1,500
permits may be issued in the
Remainder of Unit 20(B); a
person may not take a cow
accompanied by a calf; or
1 antlerless moose by
registration permit only; a
person may not take a cow
accompanied by a calf
Unit 20(C)
RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
hunt only)
Sept. 1 - Sept.
2O
Sept. 21 -
Sept. 30
Nov. 1 - Nov.
30
Sept. 1 - Sept.
20
Sept. 16 - Feb.
28 (General
hunt only)
Sept. 1 - Sept.
20
Aug. 15 - Nov.
15 (General
hunt only)
Oct. 1 - Feb.
28 (General
hunt only)
Sept. 1 - Sept.
25
xxxiv
Sept. 1 -
Sept. 20
Sept. 21 -
Sept. 30
No open
season.
Sept. 5 -
Sept. 20
No open
season.
Sept. 5 -
Sept. 20
No open
season.
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1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Unit 20(D), that portion lying
south of the north bank of the
Tanana River and east of the
west bank of the Johnson River,
except that portion within the
Robertson River drainage south
of the confluence of the east
and west forks, and within one
mile west of the west fork
1 bull
Unit 20(D), that portion within
the Robertson River drainage
south of the confluence of the
east and west forks, and within
one mile west of the west fork
RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Unit 20(D),
that portion lying west of the
west bank of the Johnson River
and south of the north bank of
the Tanana River, except the
Delta Junction Management Area
and the Bison Range Youth Hunt
Management Area
RESIDENT HUNTERS:
1 bull with spike-fork or 50-
inch antlers or antlers with 4
or more brow tines on one side;
or
1 bull by drawing permit; or
1 antlerless moose by drawing
permit only; up to 1,000
permits may be issued in
combination with that portion
in the Delta Junction
Sept. 1 - Sept.
15
Sept. 1 - Sept.
15
Sept. 1 - Sept.
15 (General
hunt only)
Sept. 1 - Sept
15 (General
hunt only)
Oct. I0 - Nov.
25 (General
hunt only)
X.X_XV
Sept. 5 -
Sept. 20
No open
season.
Sept. 5 -
Sept. 15
i
Management Area; a person may
not take a calf or a cow
accompanied by a calf; or
1 antlerless moose by
registration permit only; a
person may not take a calf or a
cow accompanied by a calf
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Unit 20(D), that portion within
the Bison Range Youth Hunt
Management Area
1 bull with spike-fork or 50-
inch antlers or antlers with 4
or more brow tines on one side;
or 1 antlerless moose, per
lifetime of a hunter, by
drawing permit only; up to I0
permits may be issued; a person
may not take a calf or a cow
accompanied by a calf;
Unit 20(D), that portion within
the Delta Junction Management
Area
RESIDENT HUNTERS:
1 bull with spike-fork or 50-
inch antlers or antlers with 4
or more brow tines on one side
by drawing permit only; up to
30 permits may be issued; or
1 antlerless moose by drawing
permit only; up to 1,000
permits may be issued in
combination with that portion
lying west of the west bank of
the Johnson River and south of
the north bank of the Tanana
River; a person may not take a
calf or a cow accompanied by a
calf; or
1 antlerless moose by
registration permit only; a
person may not take a calf or a
cow accompanied by a calf
Oct. i0 - Nov.
25 (General
hunt only)
Sept. 5 -
Sept. 15
Sept. 1- Sept.
30 (General
hunt only)
Sept. 1 -
Sept. 30
Sept. 1 - Sept.
15 (General
hunt only)
Oct. i0 - Nov.
25 (General
hunt only)
Oct. i0 - Nov.
25 (General
hunt only)
xxxvi
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NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 30 permits
may be issued Unit 20(D), that
portion within the Healy River
drainage
RESIDENT HUNTERS:
1 spike-fork bull or;
1 bull
NONRESIDENT HUNTERS:
1 bull
Aug. 15 - Aug.
28
Sept. 1 - Sept.
20
Unit 20(D), that portion lying
north of the north bank of the
Tanana River and draining into
the Volkmar River east to
include the Billy Creek
drainage, excluding that
portion within the Healy River
drainage
1 bull
Remainder of Unit 20(D)
1 bull Unit 20(E), that portion
within the Ladue River
Controlled Use Area
RESIDENT HUNTERS:
1 bull per regulatory year,
only as follows:
1 bull by registration permit
only; or
1 bull by drawing permit only;
up to 100 permits may be issued
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by
registration permit only
Unit 20(E), that portion
draining into the Middle Fork
of the Fortymile River upstream
Sept. 1 - Sept.
20
Sept. 1 - Sept.
15
Aug. 24 - Aug.
28
Nov. 1 - Dec.
i0 (General
hunt only)
Aug. 24 - Aug.
28
xxxvii
Sept. 5 -
Sept. 15
Sept. 1 -
Sept. 20
Sept. 1 -
Sept. 20
Sept. 1 -
Sept. 15
Sept. 8 -
Sept. 17
Sept. 8 -
Sept. 17
from and including the JosephCreek drainageRESIDENT HUNTERS:1 bull
NONRESIDENT HUNTERS:1 bull with 50-inch antlers orantlers with 4 or more browtines on one sideRemainder of Unit 20(E)RESIDENT HUNTERS:1 bull by registration permitonlyNONRESIDENT HUNTERS:1 bull with 50-inch antlers orantlers with 4 or more browtines on one side byregistration permit onlyUnit 20(F), that portiondrained by the Yukon Riverdownstream from, but notincluding, the Hess Creek andTanana River drainages1 bull per regulatory year
unit 20(F), that portiondrained by the Tanana River1 bull
Remainder of Unit 20(F)1 bull
(19)Unit 21(A)RESIDENT HUNTERS:1 antlered bull
NONRESIDENT HUNTERS:1 bull with 50-inch antlers orantlers with 4 or more browtines on one side Unit 21(B),that portion within the NowitnaRiver drainage upstream fromthe Little Mud River drainageand outside a corridorextending two miles on either
Sept. 8 - Sept.17
Aug. 24 - Aug.28
Sept. 1 - Sept.2ODec. 1 - Dec.i0Sept. 1 - Sept.20
Sept. 1 - Sept.15
Sept. 5 - Sept.25
xxxviii
Sept. 8 -Sept. 17
Sept. 8 -Sept. 17
Sept. 8 -Sept. 17
No openseason.
No openseason.
No openseason.
Sept. 5 -Sept. 20
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side of and including the
Nowitna River
RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Remainder of Unit 21(B)
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 bull by drawing permit only;
up to 30 permits may be issued
in Unit 21(B)
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 300 permits
may be issued in Unit 21(B)
Unit 21(C) Unit 21(C) that
portion within the Dulbi River
drainage
RESIDENT HUNTERS:
1 bull, by registration permit
only; or
1 bull, by drawing permit only;
up to i00 permits may be issued
in Unit 21(C)
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side, by drawing
permit only; up to i00 permits
may be issued in Unit 21(C)
Remainder of Unit 21(C)
RESIDENT HUNTERS
1 bull
NONRESIDENT HUNTERS
1 bull with 50-inch antlers or
Aug. 22 - Aug.
31
Sept. 5 - Sept.
25 (Subsistence
hunt only)
Sept. 5 - Sept.
25
Sept. 5 Sept.
25 (Subsistence
hunt only)
Sept. 5 Sept.
25
Sept. 5 Sept.
25
xxxix
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
Aug. 22 - Aug.
31
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
Sept. 5 -
I
antlers with 4 or more brow
tines on one side Unit 21(D),
that portion within the Koyukuk
Controlled Use Area
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 bull by drawing permit only;
up to 320 permits may be issued
in combination with Unit 24,
that portion within the Koyukuk
Controlled Use Area
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit; up to 80 permits may be
issued in combination with Unit
24, that portion within the
Koyukuk Controlled Use Area
Remainder of Unit 21(D)
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 bull by drawing permit only;
up to 600 permits may be issued
in Unit 21(D) outside the
Koyukuk Controlled Use Area; or
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 600 permits
may be issued in Unit 21(D)
outside the Koyukuk Controlled
Use Area
Unit 21(E)
RESIDENT HUNTERS:
1 antlered bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
Sept. 1 - Sept.
25 (Subsistence
hunt only)
Sept. 5 - Sept.
25
Aug. 22 - Aug.
31 Sept. 5
Sept. 25
(Subsistence
hunt only)
Sept. 5 - Sept.
25
Sept. 5 - Sept.
25
xl
Sept. 25
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
Sept. 5 -
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antlers with 4 or more brow
tines on one side by drawing
permit only; up to i00 permits
may be issued; up to 20 percent
of the permits may be issued to
hunters using a registered
guide
(20)
Unit 22(A), that portion north
of and including the Tagoomenik
and Shaktoolik River drainages
RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Unit 22(A)
that portion in the Unalakleet
River drainage and all
drainages flowing into Norton
Sound north of the Golsovia
River drainage and south of the
Tagoomenik and Shaktoolik River
drainages
1 antlered bull by registration
permit only
Remainder of Unit 22(A)
RESIDENT HUNTERS:
1 bull; or 1 antlered bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Unit 22(B),
East, that portion east of the
Darby Mountains, and including
the drainages of the Kwiniuk,
Tubutulik, Koyuk, and
Inglutalik Rivers
RESIDENT HUNTERS:
1 bull; or 1 antlered bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
Aug. 1 - Sept.
30
Sept. 25
Sept. 1 -
Sept. 14
Sept. 1 Sept. No open
14 season.
xli
Aug. 1 - Sept.
30
Aug. 1 Sept.
30
Jan. 1 - Jan.
31
Sept. 1 -
Sept. 30
Nov. 1 - Dec.
31
Nov. 1 - Dec.
31
tines on one side by drawingpermit only; up to i0 permitsmay be issuedRemainder of Unit 22 (B)RESIDENT HUNTERS:1 bull by registration permitonly; or1 antlered bull by registrationpermit onlyNONRESIDENT HUNTERS:Unit 22 (C)
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlerless moose by
registration permit only; or
1 antlered bull by registration
permit only; during the period
Jan. 1 - Jan. 31, a season may
be announced by emergency order
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by
registration permit only
Unit 22(D), that portion within
the Kougarok, Kuzitrin, and
Pilgrim River drainages
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlered bull by registration
permit only; during the period
Jan. 1 - Jan. 31, a season may
be announced by emergency order
NONRESIDENT HUNTERS:
Unit 22(D) Southwest, that
portion west of the Tisuk River
drainage, west of the west bank
of the unnamed creek
originating at the unit
boundary opposite the
headwaters of McAdam's Creek to
its confluence with Canyon
Creek, and west of the west
Sept. 1 - Sept.
14
Jan. 1 - Jan.
31
Sept. 1 - Sept.
14
Sept. 15 -
Sept. 30
Jan. 1 Jan.
31
Sept. 1 - Sept.
14
Jan. 1 - Jan.
31
xlii
No open
season.
(To be
announced)
Sept. 1 -
Sept. 14
(To be
announced)
No open
season.
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bank of Canyon Creek to its
confluence with Tuksuk Channel
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 antlered bull by registration
permit only; during the period
Jan. 1 - Jan. 31, a season may
be announced by emergency order
NONRESIDENT HUNTERS:
Remainder of Unit 22(D)
RESIDENT HUNTERS:
1 moose; however, antlerless
moose may be taken only from
Dec. 1 - Dec. 31; a person may
not take a calf or a cow
accompanied by a calf; only
antlered moose may be taken
from Jan. 1 - Jan. 31
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side, by
registration permit only
Unit 22(E)
RESIDENT HUNTERS:
1 bull; or 1 antlered bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by
registration permit only
(21)
Unit 23, that portion north of
and including the Singoalik
River drainage
RESIDENT HUNTERS:
1 moose by registration permit
only; however, antlerless moose
may be taken only from Nov. 1 -
Dec 31; a person may not take a
calf or a cow accompanied by a
calf; or
1 bull with 50-inch antlers or
Sept. 1 - Sept.
14
Jan. 1 - Jan.
31
Aug. i0 - Sept.
14
Aug. 1 - Dec.
31
July 1 - Dec.
31
Sept. 1 - Sept.
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(To be
announced)
No open
season.
Oct. 1 - Jan.
31
Sept. 1 -
Sept. 14
Jan. 1 - Jan.
31
Sept. 1 -
Sept. 14
antlers with 4 or more browtines on one sideNONRESIDENT HUNTERS:1 bull with 50-inch antlers orantlers with 4 or more browtines on one side by drawingpermit only; up to 125 permitsmay be issued in all of Unit 23
Remainder of Unit 23
RESIDENT HUNTERS:
1 moose by registration permit
only; however, antlerless moose
may be taken only from Nov. 1 -
Dec. 31; a person may not take
a calf or a cow accompanied by
a calf; or
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 125 permits
may be issued in all of Unit 23
(22)
Unit 24(A), that portion in the
Dalton Highway Corridor
Management Area
RESIDENT HUNTERS:
1 bull, by drawing permit up to
70 permits may be issued in
combination with Unit 25(A),
that portion within the Dalton
Highway Corridor Management
Area
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 70 permits
may be issued in combination
with unit 25(A), that portion
within the Dalton Highway
Corridor Management Area
Remainder of Unit 24(A)
20
Aug. 1 - Dec.
31
Sept. 1- Sept.
20
Sept. 1 - Sept.
25
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Sept. 1 -
Sept. 20
Sept. 1 -
Sept. 20
Sept. 5 -
Sept. 25
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RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side, Unit 24(B)
all drainages of the Koyukuk
River upstream from the Henshaw
Creek drainage, excluding the
North Fork of the Koyukuk River
drainage
RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side
Remainder of Unit 24(B)
RESIDENT HUNTERS:
1 bull; or for up to four years
beginning on July i, 2010, 1
antlered bull by registration
permit only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Unit 24(C),
that portion within the Koyukuk
Controlled Use Area
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 bull by drawing permit only;
up to 320 permits may be issued
in combination with Units 21(D)
and 24(D), those portions
within the Koyukuk Controlled
Use Area; or
for up to four years beginning
on July i, 2010, 1 antlered
bull by registration permit
only
NONRESIDENT HUNTERS:
Sept. 1 - Sept.
25
Sept. 1 - Sept.
25
Sept. 1 - Sept.
25 (Subsistence
hunt only)
Sept. 1 - Sept.
25 (Subsistence
hunt only)
Dec. 15 - Apr.
15 (Subsistence
hunt only)
xlv
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
Dec. 15 - Apr.
15
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
• I
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 80 permits
may be issued in combination
with Units 21(D) and 24(D),
those portions within the
Koyukuk Controlled Use Area
Remainder of Unit 24(C)
RESIDENT HUNTERS:
1 bull by registration permit
only; or
1 bull by drawing permit only;
up to 450 permits may be issued
in combination with Unit 24(D)
outside the Koyukuk Controlled
Use Area; or
for up to four years beginning
on July i, 2010, 1 antlered
bull by registration permit
only
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit; up to 450 permits may
be issued in combination with
Unit 24(D) outside the Koyukuk
Controlled Use Area
Unit 24(D), that portion within
the Koyukuk Controlled Used
Area
RESIDENT HUNTERS:
1 bull by
registration
permit only; or
1 bull by drawing permit only;
up to 320 permits may be issued
in combination with Units 21(D)
and 24(C), those portions
within the Koyukuk Controlled
use Area; or
1 bull
Sept. 5 - Sept.
25 (Subsistence
hunt only)
Dec. 15 - Apr.
15 (Subsistence
hunt only)
Sept. 1 - Sept.
25 (Subsistence
hunt only)
Sept. 5 - Sept.
25
Dec. 1 - Dec.
xlvi
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
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NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 80 permits
may be issued in combination
with Units 21(D) and 24(C),
those portions within the
Koyukuk Controlled Use Area
Remainder of Unit 24(D)
RESIDENT HUNTERS:
1 bull by drawing permit; only;
or
1 bull by drawing permit only;
up to 450 permits may be issued
in Unit 24 outside the Koyukuk
Controlled Use Area
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit; up to 450 permits may
be issued in Unit 24 outside
the Koyukuk Controlled Use Area
(23) Unit 25(A), that portion
within the Dalton Highway
Corridor Management Area
RESIDENT HUNTERS:
1 bull, by drawing permit; up
to 70 permits may be issued in
combination with Unit 24, that
portion within the Dalton
Highway Corridor Management
Area
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side by drawing
permit only; up to 70 permits
may be issued in combination
with Unit 24, that portion
within the Dalton Highway
Corridor Management Area
i0 (Subsistence
hunt only)
Sept. 5 - Sept.
25 (Subsistence
hunt only)
Sept. 5 - Sept.
25
Sept. 1 Sept.
25
xlvii
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 25
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Remainder of Unit 25(A)
RESIDENT HT/NTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Unit 25(B),
that portion within the
Porcupine River drainage
upstream from but excluding the
Coleen River drainage
RESIDENT HUNTERS:
1 bull
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Remainder of
Unit 25(B)
RESIDENT HUNTERS:
1 bull per regulatory year,
only as follows:
1 bull; or
1 bull per community harvest
report by community harvest
permit in an established
community harvest area
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side Unit 25(c)
1 bull
Unit 25(D), that portion lying
west of a line extending from
the Unit 25(D) boundary on
Preacher Creek, then downstream
along the west banks of
Preacher Creek, Birch Creek,
and Lower Mouth Birch Creek to
the Yukon River, then
Sept. 5 - Sept.
25
Sept. i0 -
Sept. 25
(General hunt
only)
Sept. 5 - Sept.
25
Sept. 5 - Sept.
25 (Subsistence
hunt only)
Sept. 1 - Sept.
15 (General
hunt only)
Sept. 5 -
Sept. 25
Sept. i0 -
Sept. 25
Dec. 1 - Dec.
15
Dec. 1 - Dec.
15
(Subsistence
hunt only)
Sept. 5 -
Sept. 25
Sept. 5 -
Sept. 15
xlviii
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downstream along the north bank
of the Yukon River (including
islands) to the confluence of
the Hadweenzik River, then
upstream along the west bank of
the Hadweenzik River to the
confluence of Forty and One-
Half Mile Creek, then upstream
along Forty and One-Half Mile
Creek to Nelson Mountain on the
Unit 25(D) boundary
1 bull per regulatory year by
Tier II subsistence hunting
permit only; up to 125 permits
may be issued
Remainder of Unit 25(D)
RESIDENT HUNTERS:
1 bull per regulatory year,
only as follows:
1 bull; or
1 bull per community harvest
report by community harvest
permit in an established
community harvest area
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on one side (24) Unit
26(A), that portion in the
Colville River drainage
upstream from and including the
Anaktuvuk River drainage
1 bull; or
1 bull by drawing permit only;
up to 40 permits may be issued;
up to 20 percent of the permits
may be issued to nonresident
hunters; or
1 moose; a person may not take
a calf or a cow accompanied by
a calf Unit 26(A), that portion
west of 1568 00' W. longitude
excluding the Colville River
drainage
1 moose; a person may not take
Aug. 25 - Feb.
28 (Subsistence
hunt only)
Sept. i0 -
Sept. 20
Sept. i0 -
Sept. 20
(Subsistence
hunt only)
Aug. 1 - Sept.
14
Sept. 1 - Sept.
14
Feb. 15 - Apr.
15
July 1 - Sept.
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No open
season.
Feb. 18 - Feb.
28
Feb. 18 - Feb.
28
(Subsistence
hunt only)
Sept. i0 -
Sept. 20
No open
season.
Sept. 1
Sept. 14
No open
season.
No open
a calf or a cow accompanied bya calfRemainder of Unit 26(A)1 bull
Unit 26(B), excluding the
Canning River drainage
RESIDENT HUNTERS:
1 bull by drawing permit only;
up to 30 permits may be issued;
or
1 bull; during the period Feb.
15- April 15, up to a 14-day
season may be announced by
emergency order
NONRESIDENT HUNTERS:
Remainder of Unit 26(B)
Unit 26(C), that portion in the
drainages of Firth River and
Mancha Creek and the upper
Kongakut River, upstream from
and including Drain Creek
RESIDENT HUNTERS:
1 bull by drawing permit only;
up to 30 permits may be issued;
NONRESIDENT HUNTERS:
1 bull with 50-inch antlers or
antlers with 4 or more brow
tines on at least one side, by
drawing permit only; up to 30
permits may be issued;
Remainder of Unit 26(C)
14 season.
Aug. 1 - Sept. No open
14 season.
Sept. 1 - Sept.
14
(To be No open
announced) season.
No open season.
Sept. 1 - Sept.
25
Sept. 1- Sept.
25
No open
season.
5 AAC 92.072 Community Subsistence Harvest Hunt Area and
Permit Conditions
(a) The commissioner or the commissioner's designee may, under
this section and 5 AAC 92.052, issue a community-based
subsistence harvest permit and harvest reports for big game
species where the Board of Game (board) has established a
community harvest hunt area under (b) of this section and 5 AAC
92.074.
(b) The board will consider proposals to establish community
harvest hunt areas during regularly scheduled meetings to
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consider seasons and bag limits for affected species in a hunt
area. Information considered by the board in evaluating the
proposed action will include
(i) a geographic description of the hunt area;
(2) the sustainable harvest and current subsistence regulations
and findings for the big game population to be harvested;
(3) a custom of community-based harvest and sharing of the
wildlife resources harvested in the hunt area; and
(4) other characteristics of harvest practices in the hunt area,
including characteristics of the customary and traditional
pattern of use found under 5 AAC 99.010(b).
(c) If the board has established a community harvest hunt area
for a big game population, residents of the community may elect
to participate in a community harvest permit hunt in accordance
with the following conditions:
(i) a hunt administrator representing a group of residents may
apply to the department for a community harvest permit by
identifying the community harvest hunt area and the species to
be hunted, and by requesting community harvest reports
sufficient to supply the estimated number of individuals who
will subscribe to the community harvest permit; the hunt
administrator
(A) must record and maintain a record of the names of residents
subscribing to the community harvest permit and the residents
hunting license number, permanent hunting identification card
number, customer service identification number, or birth date
for residents under 16 years of age;
(B) must issue harvest reports to hunters who have subscribed to
the community harvest permit, but may not issue more individual
harvest reports than the sum of the individual bag limits of the
number of the residents who have subscribed to the permit;
(C) must request additional harvest reports for a community
harvest permit from the department during a hunting season if
the number of people subscribing to the hunt exceeds the
original estimate;
(D) must collect validated harvest reports from hunters
following the take of individual game animals, record harvest
information for individual animals taken, and collect biological
samples or other information as required by the department for
management;
(E) must provide the department with harvest information,
including federal subsistence harvest information, within a
specified period of time when requested, and a final report of
all game taken under the community harvest permit within 15 days
of the close of the hunting season or as directed in the permit;
and
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(F) must make efforts to ensure that the applicable customary
and traditional use pattern described by the board, if any, is
observed by subscribers including meat sharing; the applicable
board finding will be identified on the permit; this provision
does not authorize the hunt administrator to deny subscription
to any community resident;
(2) a resident of the community who elects to subscribe to a
community harvest permit
(A) may not hold a harvest ticket or other state hunt permit for
the same species where the bag limit is the same or for fewer
animals during the same regulatory year, however a person may
hold harvest tickets or permits for same-species hunts in areas
with a larger bag limit following the close of the season for
the community harvest permit;
(B) may not subscribe to more than one community harvest permit
for a species during a regulatory year;
(C) must have in possession when hunting and taking game a
community harvest report issued by the hunt administrator for
each animal taken;
(D) must validate a community harvest report immediately upon
taking an animal; and
(E) must report harvest and surrender validated harvest reports
to the hunt administrator within 5 days, or sooner if required
by the department, of taking an animal and transporting it to
the place of final processing for preparation for human use and
provide the hunt administrator with information and biological
samples recgfired under terms of the permit;
(F) must, if the community harvest hunt area is under a Tier II
permit requirement for the species to be hunted, have received a
Tier II permit for that area, species, and regulatory year.
(d) Seasons for community harvest permits will be the same as
those established for other subsistence harvests for that
species in the geographic area included in a community harvest
hunt area, unless separate community harvest hunt seasons are
established. The total bag limit for a community harvest permit
will be equal to the sum of the individual bag limits
established for other subsistence harvests for that species in
the hunt area. Seasons and bag limits may vary within a hunt
area according to established subsistence regulations for
different game management units or other geographic delineations
in a hunt area.
(e) Establishment of a community harvest hunt area will not
constrain nonsubscribing residents of the community from
participating in subsistence harvest activities for a species in
that hunt area using individual harvest tickets or other state
permits authorized by regulation, nor will it require any
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resident of the community eligible to hunt under existing
subsistence regulations to subscribe to a community harvest
permit.
(f) The department may disapprove an application for a community
subsistence harvest permit from a hunt administrator who has
previously failed to comply with requirements in (c) (i) of this
subsection.
(g) A person may not give or receive a fee for the taking of
game or receipt of meat under a community subsistence harvest
permit.
(h) In this section, "fee"
(i) means a payment, wage, gift, or other remuneration for
services provided while engaged in hunting under a community
harvest permit;
(2) does not include reimbursement for actual expenses incurred
during the hunting activity within the scope of the community
harvest permit, or a non-cash exchange of subsistence-harvested
resources.
5 AAC 92.074. Community subsistence harvest hunt areas.
(a) The commissioner may issue community subsistence harvest
permits for designated big game species in the areas specified
in this section.
(b) Chalkyitsik Community Harvest Area for moose: That portion
of Unit 25(B), including the drainage of the Salmon Fork River
and drainage of the Black River, downstream from Bear Mountain
Creek, that portion of Unit 25(D), including the Black River
drainage, upstream from Englishshoe Bar, the portion of the
Porcupine River drainage from the lower mouth of Curtis Slough
upstream to the upper mouth of Rock Slough, and the drainage of
the Grass River north of the south bank of the Grass River east
of 1448 15' W. longitude.
(c) Yukon Flats Community Harvest Area for black bears: Includes
all of Unit 25(D).
(d) Gulkana, Cantwell, Chistochina, Gakona, Mentasta, Tazlina,
Chitina, and Kluti Kaah Community Harvest Area for moose and
caribou: Includes all of
(i) that area draining into the Copper River from the north side
of Miles Glacier, and east of the easternmost bank of the Copper
River from Miles Glacier north to the Slana River, then along
the east bank of the Slana River to Suslota Creek, then south of
the south bank of Suslota Creek to Noyes Mountain;
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(2) that portion including all drainages into the west bank ofthe Little Tok River, from its headwaters in Bear Valley at theintersection of the unit boundaries of Units 12 and 13 to its
junction with the Tok River, and all drainages into the south
bank of the Tok River from its junction with the Little Tok
River to the Tok Glacier, and that area westerly of the
easternmost bank of the Copper River and drained by all
tributaries into the west bank of the Copper River from Miles
Glacier north to the confluence with the Slana River, then along
the east bank of the Slana River to Suslota Creek, and that area
of the Slana River drainage north of the south bank of Suslota
Creek;
(3) the drainages into the Delta River upstream from Falls Creek
and Black Rapids Glacier;
(4) the drainages into the Nenana River upstream from the
southeast corner of Denali National Park at Windy;
(5) the drainages into the Susitna River upstream from its
junction with the Chulitna River;
(6) the drainages into the east bank of the Chulitna River
upstream to its confluence with Tokositna River;
(7) the drainages of the Chulitna River (south of Denali
National Park) upstream from its confluence with the Tokositna
River;
(8) the drainages into the north bank of the Tokositna River
upstream to the base of the Tokositna Glacier;
(9) the drainages into the Tokositna Glacier;
(i0) the drainages into the east bank of the Susitna River
between its confluences with the Talkeetna and Chulitna Rivers;
(ii) the drainages into the north and east bank of the Talkeetna
River, including the Talkeetna River, to its confluence with
Clear Creek, the eastside drainages of a line going up the south
bank of Clear Creek to the first unnamed creek on the south,
then up that unnamed creek to lake 4408, along the northeast
shore of lake 4408, then southeast in a straight line to the
northernmost fork of the Chickaloon River;
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(12) the drainages into the east bank of the Chickaloon River
below the line from lake 4408; and
(13) the drainages of the Matanuska River above its confluence
with the Chickaloon River.
5 AAC 99.010 Boards of fisheries and game subsistence
procedures
(a) In applying a subsistence law, the Board of Fisheries and
the Board of Game will provide for conservation and development
of Alaska's fish and game resources according to sustained yield
principles.
(b) Each board will identify fish stocks or game populations, or
portions of stocks or populations, that are customarily and
traditionally taken or used by Alaska residents for subsistence
uses by considering the following criteria:
(i) a long-term consistent pattern of noncommercial taking, use,
and reliance on the fish stock or game population that has been
established over a reasonable period of time of not less than
one generation, excluding interruption by circumstances beyond
the user's control, such as unavailability of the fish or game
caused by migratory patterns;
(2) a pattern of taking or use recurring in specific seasons of
each year;
(3) a pattern of taking or use consisting of methods and means
of harvest that are characterized by efficiency and economy of
effort and cost;
(4) the area in which the noncommercial, long-term, and
consistent pattern of taking, use, and reliance upon the fish
stock or game population has been established;
(5) a means of handling, preparing, preserving, and storing fish
or game that has been traditionally used by past generations,
but not excluding recent technological advances where
appropriate;
(6) a pattern of taking or use that includes the handing down of
knowledge of fishing or hunting skills, values, and lore from
generation to generation;
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(7) a pattern of taking, use, and reliance where the harvest
effort or products of that harvest are distributed or shared,
including customary trade, barter, and gift-giving; and
(8) a pattern that includes taking, use, and reliance for
subsistence purposes upon a wide diversity of fish and game
resources and that provides substantial economic, cultural,
social, and nutritional elements of the subsistence way of life.
(c) When circumstances such as increased numbers of users,
weather, predation, or loss of habitat may jeopardize the
sustained yield of a fish stock or game population, each board
will exercise all practical options for restricting
nonsubsistence harvest of the stock or population and may
address other limiting factors before subsistence uses are
restricted below the level the board has determined to provide a
reasonable opportunity. If all available restrictions for
nonsubsistence harvests have been implemented and further
restrictions are needed, the board will eliminate nonsubsistence
consumptive uses, and reduce the take for subsistence uses in a
series of graduated steps under AS 16.05.258(b) (4) (B) - the
_Tier II" distinction - by distinguishing among subsistence
users through limitations based on
(i) the customary and direct dependence on the fish stock or
game population by the subsistence user for human consumption as
a mainstay of livelihood;
(2) the proximity of the user's domicile to the stock or
population; and
(3) the ability of the subsistence user to obtain food if
subsistence use of the stock or population is restricted or
eliminated.
Constitutional Provisions
Article VIII, Sections 3, 15, & 17
Section 3 - Common Use
Wherever occurring in their natural state, fish, wildlife, and
waters are reserved to the people for common use.
Section 15 - Exclusive Right of Fishery
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No exclusive right or special privilege of fishery shall be
created or authorized in the natural waters of the State. This
section does not restrict the power of the State to limit entry
into any fishery for purposes of resource conservation, to
prevent economic distress among fishermen and those dependent
upon them for a livelihood and to promote the efficient
development of aquaculture in the State.
Section 17 - Uniform Application
Laws and regulations governing the use or disposal of natural
resources shall apply equally to all persons similarly situated
with reference to the subject matter and purpose to be served by
the law or regulation.
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X. AR&_MENT
The question the Court must decide is whether the Board of
Game (BOG) may establish harvest priorities among similarly
situated subsistence users, when the available supply of animals
exceeds all subsistence demand.
The BOG believes that communities that practice local
indigenous use patterns should be provided a harvest priority
over all other subsistence uses and users, and have embarked on
a regulatory _experiment" intended to give Ahtna residents of
the Copper Basin an advantage over other Alaskans who wish to
harvest moose and caribou for their families' consumption. Ahtna
admits; "This CSH is based on a pattern of use established
primarily by the Ahtna villages in the Copper Basin. "I
This Court has never before allowed the BOG to distinguish
among Alaskans for access to a plentiful Tier I resource.
The BOG does not believe the Constitution requires all
Alaskans be provided equal subsistence opportunities for Tier I
subsistence resources because they do not believe non-local
residents are "true" subsistence users, and therefore, non-local
hunters may be discriminated against by first defining the local
use pattern, then granting those who practice that pattern a
better opportunity to harvest. [Exc. 361 - 368]
i See, Ahtna Appellee Brief, pg. 20 citing excerpt 362
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In Alaska, all state residents are subsistence users. 2 By
law, subsistence users must be given a harvest priority over
other users, including all non-resident users.
In the State's brief, the Attorney General states:
"If all sport hunters are also subsistence hunters,
the priority for subsistence uses over consumptive
uses in A.S. 16.05.258(b) (2-4) would be meaningless. "3
This statement demonstrates a fundamental misunderstanding
concerning the language, intent, and judicial history of the
common use clauses of the Alaska Constitution (Article VIII,
Sections 3, 15, & 17), and the State's subsistence statute, A.S.
16.05.258, and ignores the fact that all non-resident use is
excluded unless and until all subsistence needs are
accommodated. Neither the State, nor Ahtna, has offered any
legislative history, constitutional history, or court precedent
that would allow the BOG to adopt primary and secondary
subsistence use patterns on the same game population, and then
grant preferences to the primary use pattern. The
constitutional mandate of equal access, the history and language
of the subsistence statute, and several Supreme Court opinions
regarding subsistence, all point to the inescapable conclusion
that when supply exceeds all subsistence demand (Tier I), the
BOG cannot discriminate between Alaskans based on their "use
2 Madison v. Alaska Dept. of Fish & Game, 696 P.2d 168 (Alaska
1985); State v. Morry, 836 P.2d 358 (Alaska 1992)
3 State of Alaska's Appellee, pg. 5, fn ii
2
pattern", residence, or any other individual or community
characteristic.
The only authority for the current discriminatory CSH
regime in the Copper Basin is A.S. 16.05.330(c), a pre-McDowell 4
statute that has remained dormant for the past 23 years other
than to create two small scale proxy hunts (Chalkyitsik moose 5
and Yukon Flats black bear). 6 These two hunts specifically did
not create longer seasons or more generous bag limits, but
merely legitimized the otherwise illegal practice of "party
hunting" where skilled hunters were allowed to fill the bag
limit of other community members. The legality of these
community proxy hunts, or the enabling statute A.S.
16.05.330(c), has never been challenged. If A.S. 16.05.330(c)
is still constitutionally legitimate post-McDowell, it must be
narrowly interpreted by this Court to only permit a community
based proxy system and may not be used to discriminate among
Alaskans for access to a plentiful resource.
Contrary to the State's assertion, the subsistence law
would be far from _meaningless" if the Court nullified the CSH,
and reminded the BOG that they cannot discriminate between
Alaskan subsistence hunters. The law would still, as it always
has done, ensure a preference for all Alaskans over non-
4McDowell v. State, 785 P.2d 1 (Alaska 1989)
5 5 A.A.C. 92.074(b)
6 5 A.A.C. 92.074(c)
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residents for access to any Tier I C&T harvest of a game
population, and to allow meaningful distinctions between
subsistence users when the demand exceeds supply (Tier II).
II. CONSTITUTIONAL LAW
Judge McConahy was wrong when he commented that the CHP 7 did
not make any distinctions between persons "similarly situated",
[Exc. 444 - 445] and therefore avoided application of the
_demanding scrutiny" standard of equal protection analysis. In
fact, the CSH draws distinctions between i) persons who are able
to join a community of 25 other Alaskans and pledge to adhere to
Ahtna cultural traditions, and 2) all other Alaskan subsistence
hunters who are unwilling or unable to do so.
In Alaska Fish Spotters Ass'n v. State Dept. of Fish and
Game s and again in Interior Alaska Airboat Ass'n v. State Dept.
of Fish and Game 9, this Court dismissed equal protection
arguments raised against a regulation prohibiting airplanes
(Fish Spotters) and airboats (IAAA) as access devices to
commercial fishing and sport hunting.
We have consistently defined _user groups" in terms of
the nature of the resource ( i.e., fish or wildlife)
7 The Board called this hunt a CHP. The name of the actual
codified hunt is a CSH. The name and virtually all the hunt
conditions passed by the Board were later modified by an unnamed
ADFG regulation specialist and the Board's attorney, Mr. Saxby,
who has assured the Board he could defend the Ahtna community
hunt since it was first discussed in 2009.
8 838 P.2d 798 (Alaska 1992)
9 18 P.3d 686 (Alaska 2001)
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and the nature of the use ( i.e., commercial, sport or
subsistence). I°
It is erroneous not to consider the Ahtna-centric hunt
conditions (even as sanitized in the final codified version) and
community affiliation requirement as distinguishing among
persons similarly situated because the CSH creates preferential
opportunities between _user groups" in terms of the mature of
the resource (Unit 13 caribou and moose and the mature of the
use (Tier I subsistence).
In light of this Court's numerous interpretations of the
equal access clauses of the Alaska Constitution (Article VIII,
Sections 3, 15, & 17), the Copper Basin CSH should be stricken
as an unconstitutional attempt to create preferences among
Alaskans based on the BOG's subjective assessment of which _use
pattern" should receive preferential access to subsistence
resources over other "use patterns".
Article VIII, Section 17 requires that hunting regulations;
"...shall apply equally to all persons similarly situated with
reference to the subject matter and purpose to be served by the
regulation." Can the Board of Game determine that a subsistence
user who consumes organs, harvests offal and fat, shares meat,
or attends potlatches be awarded preferential opportunities to
10 Alaska Fish Spotters Ass'n v. State Dept. of Fish and Game,
838 P.2d 798 (Alaska 1992) citing McDowell v. State, 785 P.2d at
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harvest commonly owned resources? If so, can the BOG impose
other individual or group distinguishing characteristics that
they believe identify the _true subsistence user", and
ultimately award all available subsistence resources to those
preferred users?
Judge Bauman correctly struck down the BOG's first attempt
to establish harvest preferences for the Ahtna inhabitants of
the Copper Basin. Judge McConahy was confused by the "open
entry" argument made by the State, and failed to address the
exclusive allocation of 70 "any bull" moose in regards to
Article VIII, Section 15 and 5 A.A.C. 92.072(d) .
Judge McConahy erroneously relied on a case, State v.
Hebert, 11 that allowed distinctions in a commercial herring
fishery to favor local fishers. That reliance is misplaced.
Commercial fisheries are generally excepted from the application
of Article VIII, Sections 3, 15, & 17 due to the limited entry
act which created exclusive rights of fishery.
Commercial fishers have no statutory preference to harvest
as does subsistence. Commercial fishers are strictly limited in
number, and managed by gear type, vessel, length, and other
complicated formulas that are deemed necessary for i) orderly
administration of this industry, and 2) for conservation
purposes.
11 State v. Hebert, 803 Po2d 863 (Alaska 1990)
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Neither Ahtna nor the State have shown why the Court's
subsequent decision in Grunert v. State 12 (Grunert i), and State
v. Grunert 13 (Grunert 2), prohibiting preferences to community
fishing groups over individual fishers, are not controlling if
commercial fish regulations are even relevant to subsistence
game management, in what had always been managed as a single
fishery. If the relevant herring fishery at issue in Hebert had
been managed as separate fisheries, and the B0F has always had
authority to allocate between the different user groups in any
commercial fishery. What neither Board can do (as decided in
Grunert) is to allow communities to pool their permits then
award those communities an increased allocation over individual
permit holders.
Judge McConahy failed to consider Grunert or the fact that
commercial fishing is largely exempt from the equal access
clauses due to the limited entry act, and the realities of
managing such a complicated harvest with so many gear groups
competing for a limited resource that migrates, intermingles,
and is almost impossible to quantify in season.
In addition to erroneously stating that the State appealed
Judge Bauman's decision in the Ahtna I (Alaska Supreme Court
12 Grunert v. State, 109 P.3d 924 (Alaska 2005)
13 State v. Grunert, 139 P.3d 1226 (Alaska 2006)
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Case No. S-13958) appeal, 14 Ahtna also erroneously interprets
A.S. 16.05.258(b) to create a mandate for the Board to afford a
reasonable opportunity to meet the subsistence needs of each
pattern of use. 15 The subsistence statute very clearly only
allows distinctions at the Tier II level, and the maxim
"expressio unius est exclusion alterius "16 should guide the Court
in determining that the legislature never intended to allow
discrimination between Alaskans at the Tier I level of
abundance, particularly in light of the legislative history
recognized in Madison;
"...the legislature intended to protect subsistence use,
not limit it. The words "customary and traditional"
serve as a guideline to recognize historical
subsistence use by individuals, both [N]ative and non-
[N]ative Alaskans. In addition, subsistence use is not
strictly limited to rural communities. For these
reasons, the Board's interpretation of 'customary and
traditional' as a restrictive term conflicts squarely
with the legislative intent. _17
14 See, Ahtna's Appellee Brief, pg. 5
15 Id. at page 9
16 When certain things are designated in a statute [distinguish
at Tier II] all omissions should be understood as exclusions
[cannot distinguish at Tier I]
i_ Madison v. Alaska Dept. of Fish & Game, 696 P.2d 168, 174-176
(Alaska 1985)
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III, STA_TORYAND REGULATORY LAW
The subsistence statute and resulting regulation in Alaska
(as thoroughly detailed in Ahtna I, and incorporated herein by
reference) focus on identifying game populations in subsistence
use areas (all rural that have customarily and traditionally
been used for subsistence. Once a positive C&T finding is made,
the statute requires the Board to identify whether the
harvestable surplus meets subsistence demand. If harvestable
surplus exceeds demand (Tier I), the Board lacks authority to
distinguish between Alaskans. Is Both the State and Ahtna argue
that the legislature's invocation of "subsistence uses" in A.S.
16.05.258(2) (B) and the phrase; ...subject to preferences among
beneficial uses, as found in A.S. 16.05.258(i) (B) justifies
defining different types of subsistence uses, and declaring
which uses should be provided preferential access to a resource
that, by definition, has already been determined to adequately
provide for all subsistence uses by Alaska residents.
There is no judicial precedent for this interpretation.
Every case to examine that clause has addressed allocations
between sport and commercial fishing, 19 or types of commercial
fishing. 2°
is State v. Morry, 836 P.2d 358 (Alaska 1992)
19 Kenai Peninsula Fishermen's Cooperative Association v. State
628 P.2d 897, 904 (Alaska 1981)
2o Alaska Fish Spotters Ass'n v. State Dept. of Fish and Game,
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In State v. Kenaitze 21, this Court observed;
_Without the subsistence priority, a balance may be
struck in allocating fish and game resources between
commercial, sport, and subsistence types of
activities. The interests of all competing users can
be considered. With the statutory subsistence priority
intact no balance is possible as long as a fish or
game population is not sufficient to provide for all.22subsistence uses.
The legislature also emphasized that subsistence be given a
priority over other beneficial uses, and that all subsistence
users (rural or urban, native or non-native) be protected
equally. In the Legislative Intent Section of the subsistence
statute:
The legislature finds that i) there are Alaskans, both
Native and non-Native, who have a traditional, social,
or cultural relationship to and dependence upon the
wild renewable resources produced by Alaska's land and
water; the harvest and use of fish and game for
personal and group consumption is an integral part of
those relationships, 2) although customs, traditions,
and beliefs vary, these Alaskans share ideals of
respect for nature, the importance of using resources
wisely, and the value and dignity of a way of life in
which they use Alaska's fish and game for a
substantial portion of their sustenance; this way of
life is recognized as "subsistence", (3) customary and
traditional uses of Alaska's fish and game originated
with Alaska Natives, and have been adopted and
supplemented by many non-Native Alaskans as well;
these uses, among others, are culturally, socially,
spiritually, and nutritionally important and provide a
sense of identity for many subsistence users, (4)
while Alaska's fish and game are generally still
plentiful, these resources are not unlimited and
cannot provide for every desired use, now or in the
future; competition for and the level of effort on
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838 P.2d 798 (Alaska 1992)
2'894 P.2d 632 (Alaska 1995)
22 State v. Kenaitze Indian Tribe, 894 P.2d 632,639 (Alaska 1995)
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these resources have required the legislature and the
Board of Fisheries and Board of Game to establish a
preference for subsistence among the various
beneficial uses of fish and game in the state, and(5)
in most areas of the state, a preference for
subsistence can be provided without an overly
burdensome intrusion upon other consumptive uses of
fish and game. It is the purpose of this Act to i)
develop and maintain healthy fish stocks and game
populations through management based on the sustained
yield principle, and 2) to provide for a preference
for subsistence uses over other consumptive uses of
fish and game resources. It is the intent of the
legislature that i) subsistence uses of Alaska's fish
and game resources are given the highest preference,
in order to accommodate and perpetuate those uses, and
2) this Act does not result in significant
reallocations of fish and game in Alaska. 23
_In McDowell, this Court both quoted and stressed
language holding that people who reside near a fish or
game population do not have a higher claim to that
population than state residents whose domiciles are
more distant:" where the necessity for the
preservation of the wild game and fish exists in
certain territories of the state, that territory may
be segregated for the purpose of regulating the right
- to taking game and fish therein; but the privilege of
taking and using same must be extended to the people
of the state outside of the territory upon the same
terms that are given to those who are residents of the
territory embraced in the legislation. ,24
The State and Ahtna fail to acknowledge that thousands of
non-resident hunters flock to Alaska to harvest moose and
caribou every year. In a Tier II subsistence situation, all
hunting by non-residents is prohibited. In some Tier I hunts
23 Section 1 of chapter i, SSSLA *637 1992
24 McDowell v. State, 785 P.2d 1 12 (Alaska 1989) (quoting Lewis
v. State, Ii0 Ark. 204, 161 S.W. 154, 155-56 (1913)) (emphasis
added by this court in McDowell (emphasis added)
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(namely Copper Basin moose), a limited amount of non-resident
sport hunting is permitted because the harvestable surplus
exceeds the subsistence (all resident hunting) demand. When the
legislature speaks about _preferences among beneficial uses" in
light of the documented history of the subsistence law in
Alaska, it is unreasonable to believe that the legislature
intended (or the Constitution permits) the BOG to create a
hierarchy of Tier I uses, and then provide greater harvest
opportunities to only those Alaska residents who are able to
conform with whatever the Board's romantic notion of which
culture produces the most deserving subsistence user. 5 AAC
99.010(b) defines customary and traditional uses but does not
state that first-tier subsistence rights can be limited to
customary and traditional users. As the Court stated in Madison;
"the phrase 'customary and traditional' modifies the word 'uses'
... it does not refer to users. "25
This CSH arose out of a proposal by Ahtna to create a
special community hunt for only enrolled Ahtna tribal members.
The Board's obvious enthusiasm for an Ahtna preference was
expressed by some Board members, notably Mr. Spraker, who
commented;
25 McDowell v. State, 785 P.2d i,i0 (Alaska 1989) (quoting Lewis
v. State, ii0 Ark. 204, 161 S.W. 154, 155-56 (1913)) (emphasis
added by this court in McDowell), citing Madison v. Alaska Dept.
of Fish & Game, 696 P.2d168, 174 (Alaska 1985)
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"When we have an abundance of a-species like we have
right now in Unit 13, we have an option that we can
spread this out between different users and types of
users...[Exc. 313]
And any ethical hunter will look at this [the CSH],
and they're not going to run in there and try to
overrun the community harvest just because they could
do it. You know, any ethical hunter outside of the
area is going to put in for the drawing and take their
chances in the drawing. Community harvest, now the
Tier I went from one in four years to one per
household per year. That's a huge difference. And I
guess I'm just - I have more faith in hunters that are
willing to share and to recognize the rich, you know,
Native inheritance that we all enjoy in this state.
You know, that we're all proud of in this state. I
mean, these are original people in the state. And for
us to say that we can't share a little bit with a
community like this, I think shame on us. I think we
should be able to do it, and this proposal reflects
that. And I guess I'm not so much concerned about the
absolute legality. I'm concerned about what's right.
And to me, sharing is right." [Exc. 314)
The Board's intent to provide a local Ahtna preference
couldn't be clearer. Mr. Spraker's disdain for any non-local
hunter who might take advantage of the Ahtna-centric CSH is
evident. He did not believe it would be ethical for any non-
local to participate in the CSH. If the BOG "are not so
concerned about the absolute legality" of their discriminatory
regulations, this Court needs to be.
In State v. Kenaitze, 26 this Court held;
Section 3 of Article VIII is particularly strong in
requiring that proximity to the resource be a neutral
factor. It reserves "to the people for common use"
wild fish and game "[w]herever occurring."
26 894 P.2d 632 (Alaska 1995)
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Based on the Ahtna-centric findings of 2006-170 BOG ([Exc.
361 - 368] and the statements from a Board member who championed
this discriminatory scheme, it would be erroneous for any court
to conclude that the equal access clauses of our constitution
are not implicated or that the court should not substitute its
own judgment.
If the Court endorses and approves a scheme that
distinguishes among Alaskan subsistence hunters based on the
Board's definition of a preferred cultural use pattern, there
will be a proliferation of special preferences specifically
designed to benefit rural indigenous Alaskan at the expense of
urban Alaskans. Such a regulatory regime would stand in stark
contrast to the _all Alaskans" policy of subsistence management
that has been uniformly applied by this Court since its Madison 27
decision in 1986, despite continuous attempts by native groups,
some BOG members, and sympathetic Assistant Attorney Generals
who continue to believe that McDowell was wrongly decided and
rural residents should be granted preferential harvest of our
commonly owned resources. The Attorney General argued in
McDowell that the rural limitation on subsistence did not
implicate the constitutional equal access provisions because
anyone could establish their domicile in a rural area, and
27 Madison v. Alaska Dept. of Fish & Game, 696 P.2d 168 (Alaska
1985)
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therefore the statute did not create a _closed class". 2s
Justice Rabinowitz, in dissent, agreed with this logic,
while Justice Matthews and Justice Moore disagreed. Justice
Moore observed; _This is an equal protection case, and an easy
one at that. "29 Justice Matthews recognized that if this
argument were valid;
_Virtually any discrimination based on residence would
be justified--the residents of the disfavored area
could simply move. Such a rationale is inconsistent
with the prevailing approach in territorial
discrimination cases, which is to subject territorial
classifications to scrutiny under the equal protection
clause. -3°
In Owsichek v. State, 31 the Court struck an exclusive
allocation of guide use areas without considering that Mr.
Owsichek could have simply agreed to work under any guide that
was permitted in the area he wanted to guide in. Neither the
State nor Ahtna has explained why the current CSH hunt
conditions are any different that the rural domicile
requirement. They both argue that any Alaskan can choose to
join a community of 25 or more people and agree to follow Ahtna
hunting and sharing customs. Judge McConahy never explained how
the constitution can require an individual to join a large
28 McDowell v. State, 785 P.2d i, 13 (Alaska 1989)
29 McDowell v. State, 785 P.2d 1 (Alaska 1989)
3o Id. at 7 citing Gilman v. Martin, 662 P.2d 120, 125 (Alaska
1983); Neuman, Territorial Discrimination, Equal Protection, and
Self-Determination, 135 U.Pa.L.Rev. 261, 274-75 (1987)
31 763 P.2d 488 (Alaska 1988)
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community and practice Ahtna cultural traditions, but cannot
require an individual to relocate their domicile. If this Court
upheld the CSH because it did not create a _closed class", it
should define exactly what limitations make a class _closed",
therefore, and unconstitutional as opposed to _merely
inconvenient" and therefore constitutional. If this Court
upholds the CSH because arguably anyone could join, it should
define the line between what conditions are so onerous as to
create a closed class, and what conditions will not be
considered constitutional barriers to entry.
A. The eight criteria regulation on which the CSH was
based is unconstitutional
Ahtna's brief in this case emphasizes the significance that
the eight criteria regulation played in the Board's adoption of
the CSH. Ahtna's brief in the-Chitina dipnetting case (S-
14079/14099) lays out their argument for why only rural
residents of subsistence use areas should qualify for the
subsistence preference. This isn't about sharing, it's about
discriminating.
The BOG declared community subsistence uses were more
important than individual subsistence uses based on its Ahtna
centric analysis of the eight criteria regulation, 5 A.A.C.
90.010. [Exc. 361 - 368] Prior to addressing the CHP/CSH legal
issues, in Ahtna 1 and the current case, this Court will have
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likely issued a decision in S-14079/14099, wherein the Chitina
Dipnetters Association and AFWCF have challenged the
constitutionality of the eight criteria regulation facially and
as applied to the Chitina Dipnet fishery. If that regulation is
held unconstitutional, then the BOG's reliance on those criteria
in formulating the CSH must be invalidated. [Exc. 27, 46 - 48]
If the Court does not address the facial validity of 5 A.A.C.
90.010 in S-14079/14099, it should do so in this case. Deciding
any of these three cases on narrow grounds will only provoke
future discrimination and litigation.
The eight criteria regulation is invalid on its face and as
applied because it is inconsistent with the subsistence statute.
The criteria are not necessary to implement the subsistence
statute. The regulation does not serve to clarify any ambiguous
statements by the legislature, but instead introduces a number
of criteria that have no statutory basis and that inevitably
lead to determinations in favor of rural residents that live
near the resource and against non-rural users who travel to the
resource.
In 1982 the BOF and BOG jointly adopted the eight-criterion
regulation, 5 A.A.C. 99.010(b), to guide them in making C&T
determinations. The regulation was adopted as part of the
effort by the Boards to institute a rural limitation on
subsistence uses, an effort that was subsequently declared
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unconstitutional. But even though the rural limitation has been
struck out of the law, the eight criteria regulation designed
and implemented to effectuate the rural limitation remains in
force with only slight modifications. This discriminatory
regulation is not consistent with the subsistence statute and is
not reasonably necessary to carry out the statute's present
language and purpose. Moreover, the regulation continues to
perpetuate an implicit rural preference that is contrary to the
Alaska Constitution as interpreted in McDowel132.
The regulation does not interpret or clarify an ambiguous
term that has not already been defined by the legislature, and
therefore it cannot be said to reflect the application of agency
expertise to a policy question that the legislature committed to
33the agency.
The statute clearly defines customary and traditional
subsistence uses. 34 The statutory definition makes clear that
the legislature did not intend to commit
"criteria" to the discretion of the Boards.
regulation is invalid because it is
interpretation of the current subsistence
the development of
The eight criteria
not a reasonable
statute and court
32 785 P.2d 1 (Alaska 1989)
33 Cf. O'Callaghan v. Rule, 996 P.2d at 94 (stating that whether
a roe stripping regulation issued by ADF&G was consistent with
the salmon waste statute "is one of statutory interpretation to
which we should apply our independent judgment").
34 A.S. 16.05.940(7); A.S. 16.05.258
18
precedent. The statute itself is clear and complete, and the
eight criteria - with language commonly used by anthropologists
to describe the customs and traditions of Alaska Natives -- havei
only led to confusion and illegal discrimination against non-
rural Alaskans.
The subsistence statute requires the BOG to identify game
populations "that are customarily and traditionally taken or
used for subsistence. "35 It provides clear definitions for each
of its operative terms. It defines _subsistence uses" as;
the noncommercial, customary and traditional uses of wild,
renewable resources by a resident domiciled in a rural area
of the state 36 for direct personal or family consumption as
food, shelter, fuel, clothing, tools, or transportation,
for the making and selling of handicraft articles out of
non-edible by-products of fish and wildlife resources taken
for personal or family consumption, and for the customary
trade, barter, or sharing for personal or family
consumption; in this paragraph, "family" means persons
related by blood, marriage, or adoption, and a person
living in the household on a permanent basis[.] 37
The statute further defines "customary and traditional" as "the
noncommercial, long-term, and consistent taking of, use of, and
reliance upon fish or game in a specific area and the use
patterns of that fish or game that have been established over a
reasonable period of time taking into consideration the
35 A.S. 16.05.258(a).
36 Although the legislature has never amended the definition to
remove this rural limitation, it is clear that the language has
no force after McDowell.
37 A.S. 16.05.940 (33).
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.38availability of the fish or game.
Thus, the statute itself establishes a simple and
straightforward test for C&T determinations: there must be a
pattern of taking, use, and reliance that is (i) for one of
several enumerated purposes, including for direct personal or
family consumption as food; (2) noncommercial; (3) long-term;
(4) consistent; and (5) established over a reasonable period of
time.
These are the only criteria the statute prescribes to
identify game that is eligible for subsistence harvesting.
However, under the guise of implementing these simple and
straightforward statutory provisions, the Board has continued to
apply the eight criteria regulation (5 A.A.C. 99.010(b)) that
they first adopted in 1982, at a time when there was no
statutory definition of _customary and traditional" and the
Supreme Court had not yet held that a rural preference is
unconstitutional. The regulation is a model of administrative
complexity; and is rife with ambiguity; it ensures that C&T
determinations will focus on the user rather than the use, and
will be deeply subjective; the regulation has virtually no basis
in the statute.
As amended most recently in 1992 and 1993, the eight
criteria regulation provides:
38 A.S. 16.05.940 (7).
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Each board will identify fish stocks or game populations,
or portions of stocks or populations that are customarily
and traditionally taken or used by Alaska residents for
subsistence uses by considering the following criteria:
(1)a long-term consistent pattern of noncommercial taking,
use, and reliance on the fish stock or game population that
has been established over a reasonable period of time of
not less than one generation, excluding interruption by
circumstances beyond the user's control, such as
unavailability of the fish or game caused by migratory
patterns;
(2)a pattern of taking or use recurring in specific seasons
of each year;
(3)a pattern of taking or use consisting of methods and
means of harvest that are characterized by efficiency and
economy of effort and cost;
(4)the area in which the noncommercial, long-term, and
consistent pattern of taking, use, and reliance upon the
fish stock or game population has been established;
(5)a means of handling, preparing, preserving, and storing
fish or game that has been traditionally used by past
generations, but not excluding recent technological
advances where appropriate;
(6)a pattern of taking or use that includes the handing
down of knowledge of fishing or hunting skills, values, and
lore from generation to generation;
(7)a pattern of taking, use, and reliance where the harvest
effort or products of that harvest are distributed or
shared, including customary trade, barter, and gift-giving;
and
(8)a pattern that includes taking, use, and reliance for
subsistence purposes upon a wide diversity of fish and game
resources and that provides substantial economic, cultural,
social, and nutritional elements of the subsistence way of
life. 39
Criterion #i includes all of the statutory requirements for a
39 5 A.A.C. 99.010(b) .
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C&T finding (plus a Board-imposed requirement that defines a
_reasonable period of time" as being no less than "one
generation").
These requirements are clearly designed to paint a picture
of a rural, indigenous community and to establish that community
as the standard against which all activities must be judged to
determine whether they are truly _subsistence uses." The eight
criteria allow those who continue to believe in a rural
preference to justify comparing user groups rather than uses of
a game population. In its appellate brief in the Morry case,
the State pointed out;
_the four superior courts that have attempted to
distinguish between first tier eligibility users, have
all fallen into the trap of applying _customary and
traditional" to users, not uses, inconsistent with
this Court's mandate in Madison. 4°"
To conclude that the BOG fell into the same trap of
applying the customary and traditional test to the users of
Copper Basin moose and caribou, the Court only needs to refer
back to Mr. Spraker's comments:
_When we have an abundance of a species like we have
right now in Unit 13, we have an option that we can
spread this out between different users and types of
users... [Exc. 313]
And also note that the findings at 2006-170 BOG compares
traditional local Ahtna users with non-local users.
40 Madison v. Alaska Dept. of Fish & Game, 696 P.2d 168 ( Alaska
1985)
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B. There is no conceivable basis to support the
constitutional application of A.S. 16.05.330(c) and 5
A.A.C. 92.072
Judge McConahy found that it was _possible that these
provisions could be applied in a manner consistent with Article
VIII - as such, the facial challenge must fail." [Exc. 444]
Ahtna erroneously states that AFWCF; _has agreed...that the
Board has the authority to establish community hunts created
under A.S. 16.05.330(c) and 5 A.A.C. 92.107(2). "41 However, in
AFWCF's Opposition to Ahtna's Cross-Motion for Summary Judgment,
AFWCF exerted considerable effort to demonstrate the
constitutional limits of the CHP statute and implementing
regulation, if the statute and regulation were ultimately deemed
constitutional. In the trial court, AFWCF argued that 5 A.A.C.
92.072(d), if valid, specifically requires that community
harvest hunts be subject to the same bag limits on a per user
basis as individual permits. If this Court agrees, then the 70
_any bull" moose that were exclusively allocated to community
hunters clearly violates the regulation because a community
subsistence hunter enjoys a bag limit of one "any bull" moose,
while the individual subsistence hunter has a bag limit of 0
_any bull" moose. Judge McConahy failed to address the
significant legal issues surrounding the special allocation of
70 _any bull" moose to the CSH, and the State's current attempts
411d. at pg. 26 citing excerpt 387
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to legitimizes this exclusive allocation of a subsistence
resource to a preferred user group is not convincing.
Sport and commercial user groups occupy the same rung at
the bottom of the priority ladder, and both are subject to the
statutory subsistence priority. Commercial and sport fishermen
have the same status (legally) as non-resident and alien
fishermen, and their harvest rights are always trumped by
subsistence needs. This Court's refusal to get involved in an
allocation battle between commercial fishers and sport fishers
in Kenai Peninsula Fishermen's Cooperative Association v. State 42
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is of no consequence to this case for the following reasons: i)
that controversy arose before the subsistence statute was
enacted, 2) that case pre-dates Madison 43, McDowel144, Payton 45,
Morry 46, and almost every other court decision involving
subsistence, and 3) it involved complex allocation decisions
that did not affect any subsistence priority to the fish
involved.
Similarly, the State's reliance on Alaska Fish Spotter's
Association v. State 47 can be easily distinguished. In that
case, this Court rejected an interpretation of the common use
42 628 P.2d 897 (Alaska 1981)
43 696 P.2d 168 (Alaska 1985)
44 785 P.2d 1 (Alaska 1989)
45 Payton v. State, 938 P.2d 1036 (Alaska 1997)
46 State v. Morry, 836 P.2d 358 (Alaska 1992)
47 838 P.2d 798 (Alaska 1992) - See, State of Alaska Appellee
Brief pg. 43
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clause that would obligate the State to guarantee access to a
resource by a person's preferred means or method. 48 That case
only address competing commercial uses, and it prohibited a
method (aerial spotting of fish congregations) for all users.
In another case relied on by the State, 49 Tongass Sport Fishing
Ass'n v. State, 5° the Attorney General cited a finding that
Article VIII limitations on the State's power to restrict access
to user groups did not apply to the State's authority to
allocate fishery resources among sport, commercial, and
51subsistence users.
In this case, AFWCF is not advocating the interests of
sport hunters, non-resident hunters, or non-resident hunters,
all of whom are distinct user groups jointly occupying the
lowest rung of the ladder in game allocation decisions. AFWCF
represents thousands of Alaska subsistence hunters who do not
practice the Ahtna pattern of community subsistence use, but who
believe that the Constitution guarantees that they be provided
the same seasons and bag limits as all other Tier I subsistence
hunters. Contrary to Board member Spraker's opinion that these
(primarily urban) hunters are "unethical", AFWCF believes the
hunters it represents are legitimately asserting their
4s Id. at 801 - See, State of Alaska Appellee Brief pg. 44
49 See, State's Appellee Brief, pg. 43
5o 866 P.2d 1314 (Alaska 1994)
51 866 P.2d 1314, 1318 (Alaska 1994)
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constitutional right to be treated equally with respect to
harvesting a commonly owned resource, and who rely on the
judicial branch to enforce their civil rights.
The exclusive allocation of 70 _any bull" moose to the
BOG's preferred type of subsistence user cannot be reconciled
with the subsistence statute, the equal access clauses, or
relevant prior decisions of this Court. Only a small number of
Alaskan subsistence hunters practice Ahtna cultural hunting
traditions, and have the social connections and logistical
skills available for them to either join or organize a community
of 25 or more Alaskans. These conditions may not (currently) be
as onerous as moving to a rural area to secure subsistence
rights (as argued by the State in its McDowell brief that the
rural limitation did not create a "closed class"). 52
Not surprisingly, Ahtna, Inc. organized the largest
_community" of Copper Basin subsistence hunters, a large
majority of whom allegedly subscribe to Ahtna hunting practices,
and participate in community sharing rituals. The same cannot
be said of most other Alaskan subsistence hunters, especially
one who may choose to live alone in a remote trapper's cabin, or
one who may wear a suit and tie and occupy tall office buildings
in downtown Anchorage or Fairbanks. The recluse trapper (while
perhaps living the quintessential _subsistence way of life")
52 McDowell v. State, 785 P.2d i, 6 (Alaska 1989)
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might not have the technology, social skills, or wherewithal to
join a large community, agree to share his harvest, and to
salvage and consume fat, offal, organs, and other parts of the
animal to which he may have a religious, philosophical, or
gastronomical aversion. These Alaskan subsistence hunters are
discriminated against in their access to subsistence moose and
caribou in the Copper Basin because the CSH does distinguish
between them and the BOG's romantic notion of the stereotypical
Ahtna subsistence hunter.
In light of the following excerpts from the Board's
findings at 2006-170 BOG, the Board's discriminatory intent is
undeniable:
i. There are no non-local traditions of community
wide meat distribution. [Exc. 367]
2. _Widespread community wide sharing is customary
in local [Ahtna] communities, involving all family
members, elders, others in need, and taking place in
formal settings such as during ceremonial
potlatches...successful Ahtna harvesters traditionally
share some of their moose and caribou meet with other
families and communities to meet their social
obligations, and for ceremonial purposes. This,
again, is in contrast to the uses arising out of the
urban areas where hunters are completely free to share
or not share, as they see fit, and there is not a
system of sharing, barter, and exchange...in addition
to the key social and cultural roles of sharing in the
local rural community, sharing of subsistence
resources plays a key economic role in distributing
essential food supply throughout the community. The
Board has concluded it is imperative to accommodate
the customary and traditional family and community
harvest sharing practices as part of the subsistence
way of life to the maximum extent possible. [BOG
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Findings, pg. 7 -Exc. 367]
3. _The Board has concluded it is critical to
emphasize the values associated with the reliance and
dependence on a wide variety of fish and wildlife
resources as an important element of the subsistence
way of life for this [Ahtna] region...this differs
markedly from the more recreational type of uses
arising out of the Alaska's more urban areas, where a
single, focused effort to harvest only one resource in
any given location, and then salvage only what is
legally required from that resource, tends to be a
predominant characteristic." [Exc. 368]
In its brief, Ahtna argues that the BOG's intent in
enacting the original Ahtna CHP and the current CSH as reflected
in the 2006 findings; "Should be welcomed by all those who
practice and/or support the continuation of the subsistence way
of life and implementation of the State's subsistence law
consistent with its intent. "53 If the Court agrees that a
subsistence way of life can only be exercised by local users who
engage in ceremonial sharing and exhibit common cultural
practices in the harvest, preservation, and consumption of
subsistence resources, then it should welcome the community hunt
concept as a long overdue solution to the State's so-called
"subsistence dilemma" of dual subsistence management with the
federal government. If the BOG is allowed to adopt preferential
seasons and bag limits designed to give preferential access and
opportunity to local residents who subscribe to traditional
(always defined as local methods of harvest, preservation,
53 See, Ahtna Appellee Brief, pg. 30
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sharing, and consumption, then the Court will have opened the
floodgates to an overtly discriminatory system of resource
management that would more effectively discriminate among
Alaskans than the federal rural priority of ANILCA.
The current Copper Basin CSH was modified after the BOG
adopted it at their March, 2011 meeting. It was modified to
leave the door open as far as possible for "unethical hunters"
masquerading as subsistence users who live outside the Ahtna
area to qualify for the priority in order to help the CSH
survive the initial judicial challenge.
The BOF and BOG are currently soliciting proposals for
changes to subsistence regulations that will be considered in
October, 2013. The joint Boards typically only meet once every
i0 years. 54 The BOG meets February 8 - 15, 2013 to address
subsistence hunts in the Copper Basin and specifically the CSH.
Unless this Court issues a comprehensive decision prior to those
meetings, it can expect the BOG to continue discriminating
against non-local Alaskans, and for more litigation to ensue.
This Court should be under no illusion. If it validates
this CSH because of so called open-entry provisions, the Board
will continue to ratchet up the restrictions as each new
"community preference hunt" is advanced by well-funded, highly
54http://www.adfg.alaska.gov/static/regulations/regprocess/PDFs/3
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organized groups of rural residents throughout the state who
believe they are entitled to more and better harvest
opportunities than any other Alaskan. If the Board finds five
separate use patterns, and the harvestable surplus of animals is
four, can it award all four animals to the most preferred use
pattern? Can it award one animal each to the top four use
patterns and deny entirely those who practice the fifth use
pattern? What barriers to entry into the preferred use pattern
can be enacted without making it a closed class?
Can the Board increase minimum community size to i00 to
accommodate a village of i00 who want a legal priority to
harvest "their" animals? AFWCF hopes the Court does not leave
any door open for either Board to continue to discriminate
against urban Alaskans.
This BOG has long pursued an agenda focused on creating de
facto rural priorities for 2012. The BOG has adopted the
following rural priority hunts through the discriminatory
practice of awarding permits only in person at designated
villages:
5 A.A.C. 85.045 Hunting seasons and bag limits for
moose
RM 615 - One antlered bull by permit available in
person at ADF&G in Bethel and villages within GMU 18.
RM620 - One antlered bull by permit available in
person at ADF&G in Goodnews Bay and Platinum.
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RM650- One antlered bull by permit available in personin McGrath and Nikolai and Takotna.
RM832- One bull by permit, available at a checkstation established by ADF&G and Huslia and Hughes.
RM841- One antlered bull by permit available in personin Unalakleet.
RM840- One antlered bull by permit available in personin Teller, White Mt. and Golovin.
RM843- One antlered bull by permit available in personin White Mountain and Golovin.
RM850, 852, 853- One antlered bull by permit availablein person in Nome.
RM849- One antlered bull by permit available in personin Nome, Teller, White Mt. and Golovin.
RM880- One bull by permit available in person atlicense vendors in GMU23.
5 AAC 85.050 Hunting seasons and bag limits formuskoxen;
RX060 - One cow by permit available in person inBethel.
RX061 - One cow by permit available in person inBethel or Mekoryuk.
RX070, RX071 - One bull permits available in person inNewtok.
RXI04- One bull permits available in person at licensevendors in GMU 22E.
5 AAC 85.020. Hunting seasons and bag limits for brownbear;
RB699- One bear by permit available at Nome ADF&G andGMU 22 license vendors.
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5 AAC 85.055. Hunting seasons and bag limits for Dall
sheep;
• RS388, 389- One sheep by permit available in person at
license vendors within GMU23 and Barrow.
5 AAC 92.052 Discretionary permit conditions and
procedures;
• RG471-479 - One goat by permit available in person in
Port Lions, 01d Harbor, Kodiak
If this CSH passed the constitutional test, increasingly
divisive and overtly discriminatory conditions would almost
certainly be imposed on future community harvest hunts by a BOG
that clearly does not understand the Constitution and who
desperately want to do "what's right" [Exc. 314] and provide a
rural priority. According to A.S. 16.05.940(28) (32) (33), AS
16.05.258(b) (4) (B) (ii), 5 A.A.C. 99.010(c), AS 16.05.258(C) (i-
13), the Board is only following the law. Does this Court truly
lack any authority to order these admittedly unconstitutional
laws stricken?
While it is theoretically possible to identify many
distinct use patterns on any subsistence resource, the
subsistence law, the constitutional equal access provisions, and
this Court's binding precedent mandate that all Alaskans be
treated equally at the Tier I level. By simply leaving the
various classes of Tier I uses arguably open to admission, the
Board cannot validate a discriminatory Tier I allocation scheme
that by intent, design, and implementation, confers preferential
32
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opportunities to those Alaskans deemed superior.
Neither the State, nor Ahtna, have presented persuasive
arguments regarding the unconstitutionality of A.S.
16.05.330(c), therefore, AFWCF stands by the arguments presented
in its initial brief.
III. CONCLUSION
Defining different classes of subsistence users based on a
_pattern" of use defined by local indigenous cultural traditions
defies the clear intent language and previous judicial analysis
of the common use clause of the Alaska Constitution.
Establishing a preferred use pattern defined by local residence
and cultural traditions, and then exclusively allocating
subsistence resources to users who subscribe to that use
pattern, discriminates between Alaskans who harvest game as a
personal food source.
While the current harvestable surplus of Nelchina moose and
caribou allows for separate (but unequal) Tier I subsistence
hunts, a validation of this CSH will lead to a situation where
the entire harvestable surplus of subsistence moose and caribou
are fully allocated to communities who subscribe to the
preferred _pattern" of use for any particular area. This Court
should never endorse any government entity enforcing laws that
recognize one set of cultural values to be superior over
another, particularly when, as here, the entity is allocating a
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publicly owned resource under the public trust doctrine. This
is institutionalized discrimination. No government entity
should consider one set of cultural values to be superior over
another's set of cultural values, particularly when allocating
publicly owned resources. This discriminatory scheme, and the
Board's findings and public comments in support of this scheme,
are hard to distinguish from arguments made in the civil rights
era when similarly situated citizens were provided separate
water fountains or assigned separate seats on a public bus.
The Copper Basin CSH is a discriminatory scheme, intended
to advance a subsistence management regime that benefits a
perceived superior class of Alaskans, at the expense of all
other Alaskans, with respect to harvesting a commonly owned and
plentiful Tier I resource. This Court has never tolerated such
discrimination in the 26 years since the Madison decision, and
should not do so now.
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