Tongass National Forest

Subsistence Hunting and Fishing

Issue

Subsistence hunting and fishing is both the livelihood and a way of life for many rural residents of Alaska. The Alaska National Interest Lands Conservation Act (ANILCA) protects these subsistence activities. In 1990, a challenge to the State of Alaska’s compliance with provisions of this law required the federal government to assume responsibility for subsistence management. The federal jurisdiction extends to 60 percent of the State’s land base, including USDA Forest Service managed lands throughout Southeast Alaska and much of South Central Alaska. There is no expectation of a solution anytime soon that would shift this responsibility back to the State of Alaska. Annual funding of $10 million is required to meet ANILCA subsistence management requirements on National Forest System lands in Alaska. The program is currently funded at $5.5 million in fiscal year 2004. Deficiencies in the management of subsistence resources could result in hardships to families and communities who require these resources.

Background

Many rural Alaskans, both Native and non-native, obtain basic sustenance from the harvest of wildlife and fish resources. The subsistence heritage of rural Alaskans is the basis for Title VIII of the ANILCA. The State of Alaska has determined that Alaska Natives, in particular, may receive health benefits from a subsistence lifestyle that include protection from cardiovascular disease and diabetes, and improved maternal and neonatal nutrition. Hunting and fishing reflect vital relationships of people and land that are woven into the history, cultural identity, and community life of rural Alaskans.

Prior to 1989, the State of Alaska had management authority over subsistence, sport, and commercial uses of Alaska’s wildlife and fish resources. Eligibility for subsistence use, based on a concept of rural preference, was consistent with the federal requirement in Title VIII of ANILCA. In 1989, the Alaska State Supreme Court ruled in McDowell v. Alaska that the rural priority for subsistence use violated the Alaska State constitution. McDowell challenged whether the State could restrict the subsistence opportunity to rural people because the Alaska Constitution calls for “equal access to fish & wildlife resources by all Alaskans.” The court found in his favor, which placed the State out of compliance with ANILCA. Pending the State’s resolution of its constitutional conflict, the federal government, since 1990, has administered the rural subsistence priority in ANILCA on all federal lands in Alaska regarding wildlife resources.

The past two administrations, three governors, the Alaska congressional delegation, and a majority of Alaskan citizens and State legislators have supported a State constitutional amendment to resolve the conflict. However, success at achieving the required two-thirds majority in both houses of the State legislature has not been realized. No solution is expected in the foreseeable future.

The Ninth Circuit decision in Alaska v. Babbitt (Katie John, 1995) resulted in federal management of subsistence fisheries in waters associated with federal reservations, adding significant responsibilities and cost to federal subsistence management. Federal subsistence fisheries regulations became effective October 1, 1999.

We fully accept our responsibilities toward subsistence users and resources, and have made significant progress toward meeting this commitment. Achievements include a limited infrastructure to carry out critical subsistence management functions, and establishment of regional advisory councils to facilitate the meaningful participation of subsistence users. We have built strong relationships with Alaska

Tribes and other subsistence user organizations and communities in Alaska, and effected the integration of the Forest Service subsistence management program with other federal agencies that share the responsibility. Improved cooperative relationships with the State are proving beneficial to all parties. We have implemented a law enforcement program aimed at protecting subsistence resources and the subsistence priority of the people who depend on them.

Sustainable management of subsistence hunting and fishing requires accurate and timely information about the abundance, health, and distribution of fish and wildlife stocks. Much of this information is developed through service contracts directed at the Tribes and other Native organizations. In addition to providing essential biological data, these contracts create local jobs, build capacity within communities, and involve subsistence users in meaningful stewardship roles.

Current Situation

Our appropriation of $5.5 million is approximately half of what is required to fully support the Forest Service portion of the Federal Subsistence Management Program. Rural Alaskans who depend on the fish and wildlife resources on National Forest System lands for their sustenance experience the most significant effects. We are currently unable to gather information at the required levels, placing the resources at risk, or unnecessarily restricting access by people who require the resources to maintain a healthy, traditional diet. Additional law enforcement support would improve our ability to assure compliance with federal subsistence regulations.

More Information

Winifred Kessler, Ph.D., Regional Director for Wildlife, Fisheries, Ecology, Watershed, and Subsistence Management, (907) 586-7916.

Updated March 2004

USDA Forest Service - Tongass National Forest Accessibility Statement
Last Modified: November 25, 2007