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Enrolled HJR 4: Requesting the Federal Subsistence Board to rescind its decisions regarding the subsistence fishery priority given to Ninilchik, Happy Valley, Hope, and Cooper Landing residents.

00Enrolled HJR 4 01 Requesting the Federal Subsistence Board to rescind its decisions regarding the subsistence 02 fishery priority given to Ninilchik, Happy Valley, Hope, and Cooper Landing residents. 03 _______________ 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 WHEREAS the communities of Ninilchik and Happy Valley have not exhibited a 06 long-term and traditional fishing history in the Upper Kenai or Kasilof drainage waters on 07 federal land; and 08 WHEREAS, in making the customary and traditional use determination for the 09 communities of Hope and Cooper Landing, the Federal Subsistence Board failed to follow its 10 own regulatory criteria for making that decision; and 11 WHEREAS a survey by the Alaska Department of Fish and Game did not support 12 these communities' receiving a subsistence priority; and 13 WHEREAS the residents of these communities fall short of meeting the eight factors 14 the Federal Subsistence Board considers when determining if an area has a subsistence 15 priority; and

01 WHEREAS the United States Congress determined that, unlike purposes of other 02 federal refuges established or expanded by the Alaska National Interest Lands Conservation 03 Act, the rural subsistence priority was not an appropriate purpose of the Kenai National 04 Wildlife Refuge, and, therefore, purposefully omitted "continued subsistence uses by local 05 rural residents" from the list of purposes of the Kenai National Wildlife Refuge; and 06 WHEREAS, unlike its determination of purposes for other federal refuges, the United 07 States Congress chose to make fish- and wildlife-oriented recreational opportunities a purpose 08 of the Kenai National Wildlife Refuge; 09 BE IT RESOLVED by the Alaska State Legislature that the Federal Subsistence 10 Board is requested to rescind its decisions granting Ninilchik, Happy Valley, Hope, and 11 Cooper Landing residents a subsistence fishery priority. 12 COPIES of this resolution shall be sent by electronic transmission and by mail to the 13 Honorable Dirk Kempthorne, United States Secretary of the Interior; the Honorable Mike 14 Johanns, United States Secretary of Agriculture; the members of the Federal Subsistence 15 Board; the Office of Subsistence Management, United States Department of the Interior; and 16 the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the 17 Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.