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Thread: BOF Decision - how does it affect BOG?

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    Member bushrat's Avatar
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    Default BOF Decision - how does it affect BOG?

    At the last BOG meeting, there was much discussion on whether or not the BOF could, all by itself without a joint BOF/BOG meeting, interpret just what a "subsistence way of life" means. One BOG member even refused to vote on any new C&T findings until this matter was settled.

    So, I guess my question here, if anyone can answer it, is: Do both Boards have to meet jointly to legally uphold the interpretation of a "subsistence way of life" in proposal 200 the BOF just passed?

    I'd like to think the answer to that is yes, but I still don't understand how this could have just gone to BOF to decide when it affects criteria 8 that both Boards must work with.
    Thanks,

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    Member thewhop2000's Avatar
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    Default I testified...

    And implored the BOF to Meet, even electronically, with the BOG before deciding on prop 200. Didn't happen. They just went along their merry way and passed it with the full assistance of the DOL. Looks like Lance Nelson took the very narrow view from the order from the superior court. Where we go from here? This will set a precedence but won't change policy till the next fight. My opinion only. Unless of course, someone wants to go back to the courts
    If a dipnetter dips a fish and there is no one around to see/hear it, Did he really dip?

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    Member MRFISH's Avatar
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    Quote Originally Posted by bushrat View Post
    Do both Boards have to meet jointly to legally uphold the interpretation of a "subsistence way of life" in proposal 200 the BOF just passed?
    Mark, here's my understanding of it. If the BOF wanted to amend any/all of the actual 8 criteria, then they likely would have needed to do it jointly with the BOG. However, the BOF chose to simply explain how they were going to interpret and apply the term "subsistence way of life" found in criterion 8, and did so by creating a separate regulation that applies only to the BOF (not to the BOG).

    Now, could the BOF have chosen to do this jointly with the BOG? Yes, certainly, but they were not required to do so.

    After the BOF created their proposal back in January, the plaintiffs in the Chitina lawsuit asked the judge for an injunction to force the BOF to act jointly with the BOG. The judge denied that motion stating "No modification of the regulation or joint board meeting is required" (the "regulation" he's referring to here is the 8 criteria found in 5AAC 99.010).

    Honestly, there were several routes that could have been taken, besides the one they chose. They could have acted jointly with the BOG to modify the actual 8 criteria, or jointly develop the separate "clarification" regulation. Some even argued that they didn't need to adopt any regulation at all, they simply could have done it via "findings", either individually as the BOF, or jointly with the BOG.

    Hope that helped,
    Art.

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    Member bushrat's Avatar
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    Thanks for chiming in, Art, yes that clarified things greatly. Will be interesting to see how this all plays out down the line of it's challenged (again).
    Best,

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    Member MRFISH's Avatar
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    One additional part from your questions, bushrat...

    I don't know how the BOG will follow up on it, if need be. Since they don't have pending litigation on this exact matter (i believe)...they might not have to. However, it seems like not acting (in whatever way they see fit) might invite a lawsuit on a C&T determination.

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