熊猫在线视频

The Katie John Case, Subsistence Rights in 熊猫在线视频

The Katie John case has come to represent the subsistence rights for Atnha and all 熊猫在线视频 Natives. The complex and often conflicting relationship of Federal, State and the often unrecognized Tribal interests and law are clearly exhibited in the complexities of the legal cases that collectively have been come to be known as the Katie John Case.  The State of 熊猫在线视频 has repeatedly worked against the interest of subsistence practices by 熊猫在线视频 Natives and has failed to truly recognize the vitality of subsistence to the 熊猫在线视频 Native cultures.

It is difficult to discuss the Katie John case without discussing the history of subsistence in 熊猫在线视频. For time immemorial the lands of 熊猫在线视频 were inhabited by highly advanced, highly evolved societies and cultures that perfected a way of living within the natural world as a part of it without negatively impacting it by living intentionally in a way that ensured balance was maintained with the natural and spiritual even in the harshest environments. For millennia subsistence was practiced as a way of life. Intergenerational knowledge was passed down through oral traditions which laid the foundations for rules and ways of doing things that dictated how people interacted with animals and their environment which provided food. The people of 熊猫在线视频 managed their behavior which ensured a sustainable way of life through subsistence.

Statehood, brought changes as the State of 熊猫在线视频 government was formed. These changes challenged the subsistence rights of 熊猫在线视频 Native peoples.  The newly formed regulations did not necessarily recognize how the changing seasons guided where and when subsistence activities should be practiced. This continues to be an issue today as climate change shifts seasons, the states regulations do not always allow for optimal harvest of subsistence food. The state鈥檚 regulations were based upon a view of managing land, fish and game rather than people managing behavior.

The recognition of tribes in 熊猫在线视频 as entities with government to government relationships with the state has been at the whim of the Governor. Tribal recognition has changed from Governor to Governor while the federal government has recognized Tribes since, 1994 鈥淐ongress specifically confirmed the validity of the Department of Interior list through passage of the Federally Recognized Indian Tribe List Act of 1994.  The Act defines the term 鈥業ndian tribe鈥� as meaning any Indian or 熊猫在线视频 Native tribe that the Secretary of the Interior acknowledges to exist as an Indian tribe. The list is to be published by the Department of Interior annually and the Department cannot take a tribe off the list without an act of Congress. The only ways for a tribe not on the list to become federally recognized are through an act of Congress, a decision by a federal court, or by successfully going through the lengthy and expensive acknowledgement process established by Department of Interior regulation (25 CFR Part 83).鈥�   (Illingsworth & Jaeger, 2015)

The 熊猫在线视频 Native Claims Settlement Act, promised 熊猫在线视频 hunting and fishing rights would be protected, land given to Tribal cooperation鈥檚 became regulated by the state.  熊猫在线视频 National Interest Lands Conservation Act promised to manage land to promote the rights of rural 熊猫在线视频n.  Game management boards often lead by urban 熊猫在线视频ns and do not always protect the interests of rural 熊猫在线视频ns. 鈥淪ubsistence hunting and fishing have defined our traditional culture from time immemorial. Its preservation unites our people like nothing else. It is safe to say that securing legal protections for our subsistence way of life is directly linked to the very survival of 熊猫在线视频 Natives.鈥� (Julie Kitka, President, 熊猫在线视频 Federation of Natives).

Katie John鈥檚 family like most 熊猫在线视频 Natives saw many changes during American occupation and statehood. In 1964 her family鈥檚 ancestral home was closed to subsistence fishing by the state while nearby commercial operation were permitted. Twenty years later Katie John requested to return. 鈥淚n 1984, Katie John and another Ahtna elder, Doris Charles, submitted a proposal requesting that the 熊猫在线视频 State Board of Fisheries open Batzulnetas to subsistence fishing.  Their request was denied, despite the fact that downstream users were permitted to take hundreds of thousands of salmon for sport and commercial uses.  The Native American Rights Funds filed suit in 1985 under Title VIII of ANILCA, to compel the State to re-open the historic Batzulnetas fishery.  Although the State subsequently adopted regulations providing for a limited fishery, in 1990, the federal district court set aside this regulation as too restrictive.  Before the State Board could react, the 熊猫在线视频 Supreme Court鈥檚 McDowell v. State decision struck down the state鈥檚 鈥渞ural鈥� priority as unconstitutional under the state constitution.  As a result of the McDowell case, fish and game management in 熊猫在线视频 was divided into two distinct legal regimes 鈥� one governed by state law and the other by federal law.鈥�  (Kendall-Miller, 2014)

The definition of public land came into question as it pertained to navigable waterways, 鈥淭hat doctrine holds that whenever the federal government withdraws lands from the public domain for a federal purpose, it implicitly reserves water necessary to accomplish the purposes of the reservation.  The government鈥檚 reserved water interest has been held to be a property interest which can be reduced to title.  The court concluded that because it was clear that Congress intended to protect subsistence fishing when withdrawing public lands in 熊猫在线视频, ANILCA鈥檚 subsistence priority applies only to those navigable waters in which the United States owns so called 鈥渞eserved water rights,鈥� or about 50% of 熊猫在线视频鈥檚 inland waters.鈥� (Kendall-Miller, 2014)  Whether the State or Federal government were legally able to manage the land that Katie John was requesting to fish on became the basis for back and forth legal battles with the State and with the State against the Federal government. As Katie John鈥檚 Case, all parties were aware, would set the precedent for future case pertaining to subsistence rights in 熊猫在线视频, the State dug in and fought against the Federal government against the implementation of ANILCA by arguing the definition of navigable water ways.

A key piece of the Katie Johns Case is the State鈥檚 failure to understand or recognize not only the cultural necessity of subsistence hunting and fishing but, also the unique challenges faced by rural 熊猫在线视频ns. The state constitution has been given as a reason by the state for not allowing rural priority. Article 8.3.of the 熊猫在线视频 State Constitution states: Common Use: Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use. Whether intentional or just lacking for sight of the challenges rural 熊猫在线视频 would come to face this Article of the State constitution became a road block in securing subsistence rights for 熊猫在线视频 Natives.  鈥淎 subsistence use priority was given to rural 熊猫在线视频ns in Title VIII of ANILCA rather than to 熊猫在线视频 Natives because the State of 熊猫在线视频 objected to a Native preference. The State argued that a Native preference would conflict with the State鈥檚 Constitution which declares that 熊猫在线视频鈥檚 natural resources belong equally to all citizens. In order to get the State of 熊猫在线视频 to comply with the rural subsistence priority in Title VIII, the State was offered the option to manage subsistence hunting and fishing on federal lands in addition to State and private lands if the State Legislature enacted a law of general application containing the same rural priority. The State of 熊猫在线视频 adopted a regulation in 1982, then a statute in 1986 giving a rural subsistence priority on State and private lands which allowed the State to manage subsistence uses on all lands in 熊猫在线视频.鈥� (Illingworth & Jaeger, 2015)

The legal battle that began in 1984 came to a conclusion in 2014 after multiple cases and appeals and stalling tactics by the state of 熊猫在线视频 鈥�On March 31st the Supreme Court of the United States decided to reject the State of 熊猫在线视频鈥檚 petition in the legal case State of 熊猫在线视频 v Sally Jewell, Secretary of the United States Department of Interior et al, widely known as one of the Katie John Cases. AFN President Julie Kitka said, 鈥淭his should end 19 years of litigation.  We are hopeful that this opens a new and better chapter in our relationship with the State of 熊猫在线视频.  The people of 熊猫在线视频 overwhelmingly support subsistence and we are hopeful that we can all move forward.鈥� (AFN Press Release, 2013)

Since Katie John鈥檚 challenge of State Law, protests have been met by the state with a heavy hand by the state of 熊猫在线视频. Kuskokwim fishermen followed the advice of elders and fished despite a fishing closure during a critical fishing time for subsistence survival. Not only were the fishermen鈥檚 cited and their fish seized but, the fish and game officers cut up and destroyed their nets. While the circumstances were different the states reaction and failure to care to understand rural 熊猫在线视频 continues. The destruction of fishermen鈥檚 nets by Fish and Game shows the state of 熊猫在线视频鈥檚 continual failure to promote or understand subsistence and the challenges faced by rural 熊猫在线视频. While the practice of destroying equipment for fishing violations may be an inconvenience for commercial, sport or even subsistence fishing vessels in urban parts of the state those individuals while they may have lost some income or food have a safety net of many resources such food banks. Rural 熊猫在线视频ns have few safety nets other than their neighbors and families. Destroying expensive nets after seizing fish of rural subsistence fishermen would be the equivalent of going into a grocery store, dumping out and individuals shopping cart and then ripping their wallet and its content.

While the state of 熊猫在线视频 was formed under the premises of keeping 熊猫在线视频n resources such as including fish for 熊猫在线视频ns, its own policies have worked to prevent 熊猫在线视频 Natives from making use of them. 鈥淜itka said, 鈥淭he State has already had two bites at the same apple and wanted a third.鈥�  She pointed out that the State asserted that 熊猫在线视频ns sought statehood because of concerns over a federal management scheme that was diverting much of the benefit of 熊猫在线视频鈥檚 fisheries to non-熊猫在线视频n interests.  The State left out the second part of the story in which the new state then took numerous actions to deprive 熊猫在线视频 Natives of their time-honored rights to utilize those fisheries for subsistence purposes.鈥� (AFN, 2014)

Tribal, State, Federal co- management through government to government acknowledgement and interactions will be necessary for the success of future subsistence regulation and legislation. As new generations of leadership in 熊猫在线视频 work together, the critical role that subsistence plays in the perpetuation of 熊猫在线视频 Native cultures and the survival of rural 熊猫在线视频ns must be heard and understood as an inherent right by the State of 熊猫在线视频.

References:

AFN Applauds Supreme Court Decision on Katie John Case. (2014, March 31). Retrieved July 25, 2015.

Article 8 - Natural Resources. (n.d.). Retrieved July 25, 2015.

Department's Constitutional Authority, 熊猫在线视频 Department of Fish and Game. (n.d.). Retrieved July 25, 2015.

Federal Recognition of 熊猫在线视频 Tribes and Relations with the State of 熊猫在线视频. (n.d.). Retrieved July 25, 2015.

Homepage - Native American Rights Fund. (n.d.). Retrieved July 3, 2015.

Katie John Case Summary. (n.d.). Retrieved July 25, 2015.

Kendall-Miller, H. (n.d.). Katie John v. Norton - Native American Rights Fund. Retrieved July 25, 2015.

Subsistence (ANILCA 1980). (n.d.). Retrieved July 25, 2015.

Subsistence Management Information: Management History. (n.d.). Retrieved July 25, 2015.

Will Federal or State Management Afford 熊猫在线视频 Natives a More Effective Voice? (n.d.). Retrieved July 25, 2015.

Photo Courtesy Bill Hess/Native American Rights Fund

Biography

"Not just reading about but, being able to meet, interact with and learn from professors and guest speakers who are 熊猫在线视频 Native history makers as well as participating in so many hands on lessons was an amazing learning experience."

Amy Lalor

Amy Lalor is a senior at UAA working towards a Major in Human Services with an emphasis in Diversity Issues and a Minor in 熊猫在线视频 Native Studies with an Emphasis in Policy. Amy came to 熊猫在线视频 to work for a summer ten years ago. 熊猫在线视频 has been home ever since, she has lived in several different regions of the state rural and urban.  Amy feels it is important for anyone going into a career in Human Services, Social Work, Education, Healthcare, Law Enforcement or any career that involves serving the people of 熊猫在线视频 to be educated about 熊猫在线视频 Native cultures, 熊猫在线视频鈥檚 history and challenges that continue today.  The 熊猫在线视频 Native Studies classes have provided Amy with a wealth of knowledge and skills that she can apply to her career and life.