1990-53 Supporting a Constitutional Amendment on Subsistence.By: Mayor Selby
Introduced: 09/20/90
Adopted: 09/20/90
KODIAK ISLAND BOROUGH
RESOLUTION NO. 90-53
A RESOLUTION SUPPORTING A CONSTITUTIONAL AMENDMENT ON SUBSISTENCE
WHEREAS, in the December 1989 "McDowell" decision the
Alaska Supreme Court ruled that the "rural preference in the
State's subsistence law violated the Alaska Constitution; and
WHEREAS, as a result of the McDowell decision state law
became inconsistent with the federal law providing a rural
subsistence preference, and the United States government
accordingly assumed fish and game management on federal lands in
Alaska on July 1, 1990; and
WHEREAS, state law following McDowell treats all Alaskan
as subsistence users regardless of place of residence or
traditional reliance on fish and game resources; and
WHEREAS, the dual management management system and the
changes in state law resulting from the McDowell decision
jeopardize the long-term health of Alaska's fish and game resources
and the way of life of rural Alaska communities which rely on
subsistence; and
WHEREAS, many communities in Alaska are heavily dependent
on the subsistence use of fish and game and have relied on such
resources since time immemorial; and
WHEREAS, the only option which would restore unified
state fish and game management without weakening the federal
protections for subsistence is an amendment to the Alaska
constitution authorizing the state to restore the rural subsistence
preference;
Reaolution No. 90-53
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NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island
Borough Assembly supports the return of unified fish and game
management to the State of Alaska and the restoration of the rural
subsistence preference to Alaska law;
BE IT FURTHER RESOLVED that the Kodiak Island Borough
Assembly urges the Alaska State Legislature to act expeditiously to
place a constitutional amendment authorizing a rural subsistence
preference on the 1992 ballot and urges Governor Cowper and the
next governor to vigorously support such an amendment.
PASSED AND APPROVED THIS 20th DAY OF SEPTEMBER, 1990.
ATTEST:
Bor h Clerl
KODIAK ISLAND BOROUGH
H ough Mayor _
Pfosiding Officer
Resolution No. 90-53
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