News from the Senate Majority
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
716 West 4th Avenue, Suite 510
Anchorage, Alaska 99501
Phone: 907/258-8184
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Senate Moves to Halt Federal Takeover

Gives Alaskans Right to Vote on Subsistence

For Immediate Release: May 30, 1998 Contact: Senator Mike Miller, at (907) 465-4976.

Late Friday evening the Senate upheld Alaskans’ right to vote on subsistence by passing a proposed constitutional amendment establishing a subsistence priority for the taking of fish and wildlife based on place of residence. In order for the constitutional change to become effective, voters must approve the measure in November and all legal challenges to the Alaska National Interest Lands Conservation Act (ANILCA) must be exhausted. Senate Joint Resolution 101 passed by a vote of 14 to 6.

"We passed a compromise package that solves the subsistence dilemma without compromising our rights as a state," said Senate President Mike Miller. "Our proposed constitutional amendment will become effective only when all federal appeals concerning the constitutionality of ANILCA are resolved. We should not be forced to amend our constitution until we fully defend our constitution."

The package contains four components:

• Amends Alaska’s constitution by adding a new section that creates a subsistence priority based on place of residence.
• Before the amendment to the state constitution can take effect, the U.S. Supreme Court must rule on the constitutionality of ANILCA, or all federal appeals must be exhausted.
• The State is required to file a suit in the U.S. Supreme Court to settle sovereignty issues between the federal government and the State concerning management and regulation of fish and wildlife resources. The legal action shall challenge ANILCA provisions that establish a rural resident preference for subsistence uses of fish and wildlife and that preempt State authority over management of fish and wildlife on federal public lands in the State.
• The proposed amendment must be placed before the voters at the next general election for approval.

"Without final resolution by the highest court of the land, the subsistence issue will never be resolved," Miller said. "That’s why it is crucial the subsistence package contain all four components."

Miller noted that one of the major obstacles faced by the Senate this week has been inflexibility on the part of the Governor and the Senate Minority in reaching a compromise agreement. Despite their claims, this solution can effectively stave off a federal takeover of Alaska’s subsistence fishery (less than 3 percent of the fishery) by placing the constitutional amendment on the ballot and showing a good faith effort on the part of the state to resolve the subsistence issue.

"There is no reason or justification for the federal government to manage our subsistence fishery if this amendment passes" Miller said.

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Broadcast Note: Radio Actuality available at (800) 478-6540.
= Mike Miller, 88 K

Media Note: Senate Joint Resolution 101 attached.