Urban subsistence gets another chance
"Rural-plus" is back.
A committee appointed by Gov. Tony Knowles has returned to the concept of a second priority for subsistence uses of fish and game. It would allow urban residents who traditionally have practiced subsistence to participate after a rural preference has been satisfied, as well as recognizing longtime subsistence users whose villages have become urbanized.
The Subsistence Drafting Committee, in a meeting that started Monday and was scheduled to continue into this afternoon, also was wrestling with the issues of "customary trade" as part of recognized subsistence uses and "co-management," the idea that Natives and other local residents should have a voice in managing resources.
Chaired by Attorney General Bruce Botelho, the group is working on a proposed constitutional amendment that will be presented to the Legislature, either in a special session or in the regular session that begins Jan. 14.
Also in the works are concepts for changes in state law and, perhaps, in the Alaska National Interest Lands Conservation Act of 1980, which established the rural priority for subsistence.
The committee's work has been excruciatingly detailed. During discussion this morning, member David Bedford from the United Fishermen of Alaska noted the presence of a semicolon at a key point in the federal statute.
Although members recognize that winning legislative approval for putting a constitutional amendment on the ballot is an uphill battle, they feel good about their diligence in taking a careful look at the issues, said committee member Av Gross of Juneau, a former attorney general.
Former state Sen. Al Adams of Kotzebue said in an interview this morning that the committee is "getting very close to a product that's sellable."
The major breakthrough so far is the proposed creation of one or more additional priorities, after the rural priority required by ANILCA.
Tentatively, the proposed constitutional amendment allows the Legislature to create new but lower priorities for individuals "who demonstrate a long-term, consistent pattern of noncommercial taking, use and reliance on" the resources, or for "small local communities who collectively demonstrate a customary and traditional use."
That will increase the support that has been apparent in statewide opinion polls, Adams said. The challenge will be finding a way to verify that individual urban residents have a history of subsistence, he said.
A week ago, Botelho said the committee had reached stalemate on creating "rural-plus" priorities. But discussions continued since the last meeting in Anchorage on Oct. 28, and on Monday in Juneau a new draft of the constitutional amendment quickly gained acceptance.
"Semantics played a large part of it," Botelho said today. "I think the formulation had to do with trying to capture - and ultimately what we did capture - was small local communities,' as opposed to groups' or using the term communities,' generally recognizing that communities' could mean communities of interest."
Thorny issues still remained to be resolved late this morning, though.
Bedford, the fishing group spokesman from Juneau, pushed for assurances that the "customary trade and barter" recognized by federal law as part of subsistence uses wouldn't allow competition with commercial fishermen.
He cited a case in which a federal court upheld the sale of $15,000 in herring roe and kelp as being noncommercial and within traditional subsistence practices.
"I abhor the horror stories that we've heard about taking advantage" of customary trade, said Byron Mallott of Yakutat, a committee member and long-time Native leader. But he said subsistence trade and barter is "incredibly self-regulating."
"The whole system is built around honor and trust," Mallott said. "I suspect that leakage is very, very small out of that subsistence economy."
The committee also was discussing how to structure the management system, including regional councils that would make recommendations to the state boards of fish and game.
The majority resisted a mandatory role for tribal governments but agreed that the governor, in making appointments to the councils, "shall consider nominations by local government units and tribal entities."
Bill McAllister can be reached at billm@juneauempire.com.