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Thread: Tier-II lawsuit update

  1. #1

    Default Tier-II lawsuit update

    COURT ORDERS AHTNA TO SHARE 300 CARIBOU PERMITS WITH ALL OTHER TIER-I HUNTERS!?

    Kenai Superior Court, Case No. 3KN-09-178. On June 29, 2009, Superior Court Judge Carl Bauman denied a motion for preliminary injunction against the new Unit 13 caribou regs that grant Ahtna 50% of the annual harvestable quota, and puts all others into a Tier-I once every 4-year lottery. However, in the denial decision he ORDERED Ahtna to provide a "sharing opportunity" with all other Tier-I hunters. How is Ahtna going to share 300 caribou with 10,000 Tier-I applicants?

    Judge Carl Bauman’s Decision on Motion For Preliminary Injunction, Page 28 and 29:
    "Creation of the Ahtna CHP and allocation of 300 Unit 13 caribou to the Ahtna CHP would not violate the Alaska Constitution or case law if the village residency requirement is severed and stricken. The taking and sharing of caribou under the Ahtna CHP needs to include interested Tier I hunters, without regard to residency. The Ahtna CHP must be interpreted to exclude residency as a criteria for taking and sharing in the results of the community harvest. Although the Board reached the 300 caribou allocation based on information regarding the existing Ahtna village populations, both the State and Ahtna rely on the proposition that anyone can move to reside in one of the villages. If the Village “gates” were opened to all, the new residents would skew the Board’s estimates. Nothing in AS 16.05.330(c) requires CHP to be based on residency. The State can provide public notice that the residency requirements of the CHP have been removed by court order for the 2009 Unit 13 caribou hunt, and is hereby Ordered to do so. [bold underline in original]. At least one sharing opportunity for non-Ahtna village residents must be provided, at a location to be determined by the CHP administrator, to save the remainder of the Ahtna CHP from a determination that it constitutes an impermissible special privilege based on residency. The CHP harvest administrator has the authority to determine how to provide public notice for interested Tier I permit applicants of the taking and sharing opportunity under the Ahtna CHP, in what form and RSVP from interested Tier I hunters is needed, who will receive CHP authorization to hunt, in which village the sharing opportunity will be provided, what sharing of cultural and subsistence values is appropriate at the sharing event, when the sharing event should be held, and how much of the harvested caribou should be shared with the interested Tier I hunters at the sharing event. The CHP administrator can take into account the year-long nutritional needs of he village residents and interested Tier I hunters.
    I. Board Decision to Impose “Uglies” on the 2009 Unit 13 Caribou Hunt:
    The several restrictions and special requirements with regard to the 2009 hunt does not present irreparable harm to Manning. The non-field handling restrictions can be address on the merits in due course.
    CONCLUSION
    For the reasons set forth above, other than the severing and striking of he Village residency requirements from the Ahtna CHP, the Manning and Fund Motion for a Preliminary Injunction to enjoin the 2009 Unit 13 caribou hunt is DENIED.
    Dated this 29th day of June 2009. Carl Bauman, Superior Court Judge.”

    Can you believe this? This strange decision is legislating from the bench, totally changing anything that was proposed for regulation or existed prior.
    Better contact Ahtna and get your RSVP in the hat for hunting (or "sharing opportunity") for Unit 13 caribou.

  2. #2
    stimpy
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    Quote Originally Posted by Alaskasourdough View Post
    Can you believe this?
    Yes. Yes, I can.

    This strange decision is legislating from the bench, totally changing anything that was proposed for regulation or existed prior.
    It's sorta' like legislating from the Board of Game. Lots of wonderful surprises when these things happen.

    Better contact Ahtna and get your RSVP in the hat for hunting (or "sharing opportunity") for Unit 13 caribou.
    I intend to do just that, and "sharing" in any way is fine with me. I don't need to be a "taker". Just a "receiver", and I'll take it in the form of a big, community "pot latch" with caribou meat served to all, or I'll go up to pick up a quarter, or whatever.

    I'd absolutely love for somebody else to hunt for me.

  3. #3
    Member Vince's Avatar
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    Quote Originally Posted by stimpy View Post
    I'd absolutely love for somebody else to hunt for me.










    HOLY CRAP!!!!!!!!!! me too!!!!!!!
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

    meet on face book here

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    Forum Admin Brian M's Avatar
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    Quote Originally Posted by Alaskasourdough View Post
    Kenai Superior Court, Case No. 3KN-09-178. On June 29, 2009, Superior Court Judge Carl Bauman denied a motion for preliminary injunction against the new Unit 13 caribou regs that grant Ahtna 50% of the annual harvestable quota, and puts all others into a Tier-I once every 4-year lottery.
    The underlined part above is throwing me off. The residents of the communities (not Ahtna members only, according to my understanding of the BoG actions) are being allocated 300 permits. Given recent harvests, that is not even close to 50% of the annual harvesable quota. Where did this 50% figure come from?

  5. #5
    Member AK_Stick's Avatar
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    Default

    I wish they'd just get it over with, and put the whole unit into a drawing cycle.

    The practice of giving a quota of the total number of tags to those who reside in the "village" is an outdated, and tired system that is due for replacement.


    On a side note, does anyone know if going to the Tier I will get rid of the ridiculous requirements to bring the heart, liver and kidneys from the field?

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    Does anyone know who the CHP administrator is??
    Nobody I know has a clue, ??

  7. #7
    Member bushrat's Avatar
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    Default warning!

    Is there a link to the actual court decision? Tried to find one online but having no luck.

    Before anyone jumps on this I'd highly recommend you get the official decision.

  8. #8

    Default Tier-II decision quagmire of legal problems

    The Judge Bauman decision Orders the Ahtna CHP administrator to determine how and where public notice will be given. They may just post it in the villages or Glennallen Post Office, etc., who knows. By the time they post any notice the 300 permits and "sharing opportunity" are bound to be gone. The problem is transferring the ADFG Tier-I permit authority to a private Ahtna CHP administrator, who decides who gets to hunt and how much game they get. The State ADFG and Ahtna attorney have not yet filed anything to reconsider the decision. I do not think Ahtna is happy. There is no CHP administrator appointed or announced yet, but any request for "RSVP sharing opportunity" can be sent to the Ahtna attorney in this case - John 'Sky' Starkey, Ahtna Attorney, 4800 Snow Circle, Anchorage, AK 99509.

    The ADFG biologist Robert Tobey determined in March that there are only 33,000 Nelchina caribou, and only 1,000 total could be harvested this year. This may change a 100 or so if a strong calf survival rate this spring. Its a decades low count, with a new count not yet completed this year. With only a 1,000 quota, the BOG gave 400 to the Federal subsistence hunts on Federal lands, which leaves 600 for State hunts; 300 (50% of the State harvest) was granted to Ahtna Community Harvest annual Permit - no questions asked. The remaining 300 were alloted to all other hunters in a Tier-I lottery with eligibility only once every 4-years. The BOG dubiously determined that all Alaskans (except Ahtna), only need to subsistence hunt for Unit 13 caribou once every four years. Because the comment period on the BOG proposal booklet ended on Feb. 13, 2009, the March 2009 BOG decisions to drastically change the Tier II and Tier I regulations with grant of 300 permits to Ahtna CHP, received no public comments - not one, thus they sailed through and passed by the BOG.

    The decision has recently been appealed to the Alaska Supreme Court for expedited review.

    There is no web "link" to recent court decisions, briefs, orders, etc., until long after the case is over with a published legal opinion. The Kenai Clerk of Court has the Decision And Order on file as a public document and will hand out to anyone who wants a copy (25 cents/page; 29 page decision). The heart of the decision is the last two pages as posted here, with the Order to the State ADFG and to Ahtna to provide a "sharing opportunity" to all Tier-I hunters.

    The danger here is the long-term effects on all hunting in Alaska, priority decisions on who hunts and where by Ahtna CHP or other CH permits. It will open the floodgates for all communities to file for more CHP priority; they already have priority CHP for caribou, moose, musk ox, black bears, brown bears. Traditional family subsistence hunting (father to son/daughter, relatives) will give way to the CHP Permit Administrator who can hire one hunter to get the entire CHP quota and then decide who gets how much game. The clear collusive intent here is a native and rural preference. Urban hunters your days are numbered!

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    Default I'm

    a Cantwell community member, Irish, and one of the 17 families federally identified as a multi-generational users in this area.
    This decision for community harvests for Ahtna is one of the most asinine moves the BOG has ever made.
    Most residents of Cantwell I've spoken with feel the same as I do. We don't want others hunting for us, or butchering and giving us meat that could possibly be rank, or tainted. Well,, for sure it wouldn't be FDA approved.
    However... if one or more got sick eating meat given from a Ahtna CHP, maybe we could become 'shareholders'. No joke intended !

    I don't know what others are doing about this, but I called the Governors office and let my feeling be known. And asked for the Governor to 'pull the rug' out from under this 'community harvest disruptive BS', ,, hopefully others will do the same, with a couple hundred calls & emails i would bet Palin will call it off before leaving office.

    What would happen after community harvest idea was digested, then 'crapped out' ?? I don't know,, but it wouldn't be worth picking back up.

    my $0.02

  10. #10
    Forum Admin Brian M's Avatar
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    Quote Originally Posted by DEDWUF View Post
    hopefully others will do the same, with a couple hundred calls & emails i would bet Palin will call it off before leaving office.
    It can't hurt to let your displeasure be known, but I don't think that Palin has the legal authority to just veto the Board of Game's actions. Maybe I'm wrong, but I've never heard of such a provision in our law.

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    Default Brian

    I'm sure she can 'influence' most appointed individuals, maybe not.

    And as you say, "It can't hurt to let your displeasure be known".

    A phone call or email takes very little time, sometime with 'pleasurable' results.

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    It looks like a simple matter, if the court ruling said, word for word, "At least ONE sharing opportunity for non-Ahtna VILLAGE (?) residents ,,,,,,,"

    Well,, maybe all "non-Ahtna village residents" could share A caribou if Ahtna's CHP admin would provide it. And if each one of us brought a potato, carrot, onion or seasoning for a stew, slumgullion or whatever.
    Could have loads of fun, with a couple hundred wild game eaters getting together with those that would share, think of all the new friendship making's, maybe do a little 'gaming', ear or leg pulling.......

    A new traditional Alaskan event !!

    I can visualize ADN's headlines, "ONE CARIBOU FED A THOUSAND"

    BYOB of course. ++

  13. #13
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    Smile federal regs

    Well, as Alaskasourdough points out the discrepancy such as the 50% due to the fact that half of the harvest is already done under Federal subsistence regulations. Then the rest fall under the Tier one rules. So wouldnt Dedwuf and Ahtna members already be able to harvest a caribou on local Federal lands? So why are you guys so concerned about the Tier I harvest? And you can also get subsistence moose also.
    “I come home with an honestly earned feeling that something good has taken place. It makes no difference whether I got anything, it has to do with how the day was spent. “ Fred Bear

  14. #14
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    Default Sollybug,

    I'm not native, and I am a non-Ahtna community member. If residency doesn't matter in this case, I'm no different than you. And I, like you, have to buy a Athna permit for hunting.

    I think you would laugh if you seen the Federal areas available, Heading east, for the 1st 60+ miles on the Denali hwy, there is one area off the road that is a couple of hundred acres. Or about the size of a large homestead.
    The hunting area 'behind' Cantwell is not especially good Caribou country either, The NPS does not allow 4 wheelers or such off THE trail, not even for game retrieval.
    While it might sound 'rosy' having a federal permit, its not. Not in the Cantwell area anyway. Having a Federal permit doesn't magically guarantee the harvest of Moose or Caribou
    I don't like the community harvest idea.
    I don't like the tier system.
    I would prefer a 'open' drawing to Alaska residents, with a limit of one per household.
    And some of 'us' guying don't make the rules, but we do try to bring fairness to the system.

  15. #15

    Wink

    You can email the AHTNA President/CEO directly, to apply for the sharing of the caribou.
    Mr. Ken Johns

    brebne@ahtna.net

    He can do the companies business, as he has been selected to do just that.

    The decision is not a good one. It is takes us one step closer to allocating all our resources to preferred individuals/communities. Wake up people/hunters/fishermen. It is happening fast and you are losing your perceived priveleges quickly. If this is allowed to stand, just wait til the next cycle of BOG and see how many other communities want their piece of pie. The days of hunting and working for a living are rapidly disappearing. Your children are not going to forgive you, if you sell out.
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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  16. #16
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    Default Also

    the email site Akers provided to contact Ken Johns, can also be used to contact
    'Big Game Commerical services board member', Brenda Rebne.

  17. #17

    Default ADFG Press Release: Unit 13 caribou hunters

    DIVISION OF WILDLIFE CONSERVATION
    Doug Larsen, Director

    For Immediate Release: July 21, 2009. No. 09-21
    Contact: Contact: Sandy McIntosh (907) 267- 2253


    ATTENTION UNIT 13 CARIBOU HUNTERS


    The Alaska Department of Fish and Game is announcing the following changes to the caribou portion of the Unit 13 community harvest hunt. This announcement is based on a court order issued by the Honorable Carl Bauman, Superior Court Judge in Kenai.

    First, the court ordered that:
    A. The residency requirements of the Community Harvest Permit have been removed by court order for the 2009 Unit 13 caribou hunt.

    Second, the court also ordered that removal of the residency requirements result in the following additional Community Harvest Permit rules:
    B. At least one sharing opportunity for non-Ahtna village residents must be provided, at a location to be determined by the Community Harvest Permit administrator. The Community Harvest Permit administrator has the authority to determine how to provide public notice for interested Tier I permit applicants of the taking and sharing opportunity under the Ahtna Community Harvest Permit, in what form a RSVP from interested Tier I hunters is needed, who will receive Community Harvest Permit authorization to hunt, in which village the sharing opportunity will be provided, what sharing of cultural and subsistence values is appropriate at the sharing event, when the sharing event should be held, and how much of the harvested caribou should be shared with interested Tier I hunters at the sharing event. The Community Harvest Permit administrator can take into account year-long nutritional needs of the village residents and the interested Tier I hunters.

    Finally, the Court ordered that the Ahtna Community Harvest Permit administrator must make the announcements required under part B., above, by July 31, 2009.

    The community harvest hunt will be administered by Ahtna, Inc. through an appointed hunt administrator. Ahtna, Inc. and the hunt administrator are primarily responsible for implementing this hunt and the court ordered changes under Part B, above. All questions about how the community harvest hunt will be administered and how you may be able to take advantage of opportunities described in Part B, above, should be directed to Ahtna, Inc. at 907-822-3476, Mile 115 Richardson Highway, P.O. Box 649, Glennallen, AK 99588, or any other number designated by Ahtna, Inc..

    ###

    __________________________________________________ _

    JOHN M. STARKEY, ABA # 8611141
    4800 Snow Circle
    Anchorage, Alaska 99508
    (715) 557-0357

    Attorney for Intervenor



    IN THE SUPERIOR COURT FOR THE STATE OF ALASKA



    THIRD JUDICIAL DISTRICT AT KENAI




    KENNETH MANNING )
    )
    Plaintiff, )
    )
    and )
    )
    THE ALASKA FISH AND WILDLIFE )
    CONSERVATION FUND, )
    )
    Intervenor, )
    ) Case No. 3KN-09-178 Civil
    vs. )
    )
    STATE OF ALASKA, ) AHTNA’S NOTICE OF
    ) APPOINTMENT OF COMMUNITY
    Defendant, ) HARVEST PERMIT
    ) ADMINISTRATOR
    and )
    )
    AHTNA TENE NENE’ )
    )
    Intervenor. )
    )



    Comes now Ahtna Tene Nene’, by and through counsel, and pursuant to the court’s Order of 14 July 2009 hereby notifies the court and parties that the administrators for the community harvest permit are Linda Tyone and Gloria Stickwan, and that Linda Tyone will administer all issue related to implementation of the court’s orders of June and July 14, 2009. The public can convey contact information to the administrator and obtain information about the hunt through a hotline (907-822-8136) dedicated to issues related to the CHP. The hotline will be updated with details as they are developed. Ahtna is also considering developing contact possibilities and information through its website.

    RESPECTFULLY SUBMITTED this 21st day of July 2009.



    JOHN M. STARKEY


    Alaska Bar No. 8611141



    Attorney for Intervenor Ahtna


    Certificate of Service

    By his signature above, Council for Ahtna certifies that on July 14, 2009, a true and correct copy of Ahtna’s Notice of Appointment CHP Administrator was served via US Mail, first class, postage pre-paid and email consistent with the practice of the parties for such expedited pleadings on: Kenneth Manning, P.O. Box 775, Kasilof, Alaska 99610; Kevin Saxby at 1031 W. 4th Ave., Suite 200, Anchorage, Alaska 99501; and Michael Kramer at 100 Cushman Street, Suite 311, Fairbanks, Alaska 99701.

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