9th Circuit Upholds Federal Rural Subsistence Fishing Rights Alaska

The Ninth Circuit Court of Appeals has upheld federal authority over subsistence fishing on the Kuskokwim River in Alaska, affirming a ruling that restricts expanded gillnet fishing to only rural subsistence users within the Yukon Delta National Wildlife Refuge. This decision reinforces provisions under the Alaska National Interest Lands Conservation Act (ANILCA) that prioritize rural subsistence fishing in navigable waters, a principle established in the Katie John cases and supported by the Alaska Federation of Natives (AFN). The State of Alaska's attempt to broaden fishing access was rejected, as the court recognized the importance of protecting traditional subsistence practices crucial to Alaska Native communities. The ruling was hailed as a major victory for rural subsistence rights and the preservation of indigenous culture and livelihoods. Alaska's Attorney General has indicated plans to appeal the decision to the U.S. Supreme Court. This case highlights ongoing tensions between state and federal management regimes and underscores the importance of federal protections for subsistence fishing in Alaska.