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Tuesday
April 01, 2014
U.S. Supreme Court Rejects Alaska’s Request for Review of the Katie John Decision
Pictured is the celebrated Ahtna leader Katie John.
Front Page Photo By & Courtesy of NARF.org
(Please respect the rights of photographers, never republish or copy
without permission and/or payment of required fees.)
Alaska: U.S. Supreme Court Rejects Alaska’s Request for Review of the Katie John Decision By MARY KAUFFMAN - On March 31, 2014, the United States Supreme Court rejected the State of Alaska’s petition for certiorari review of the Ninth Circuit’s decision upholding the 1999 Final Rules promulgated by the Secretary of the Interior and the Secretary of Agriculture to implement part of the Alaska National Interest Lands Conservation Act concerning subsistence fishing and hunting rights on federal waters.
The Supreme Court’s rejection of the State’s appeal marks the end to nearly 27 years of litigation by the Native American Rights Fund on behalf of Ahtna elder, Katie John of Mentasta. The Katie John cases, more than any other subsistence cases, exemplify the contentious battle waged between federal, tribal and state interests over jurisdiction of Alaska Native subsistence fishing rights.
Unfortunately, Katie John did not live long enough to see the completion of the litigation said the Native American Rights Fund as she passed away at age 97 in 2013. Katie’s granddaughter, Kathryn Martin, expressed relief that the ruling would stand and stated, “Praise the Lord, my grandma can rest in peace.”
Quoting a news release, Sealaska believes the Supreme Court has taken positive steps to recognize the subsistence rights promised under the Alaska National Interest Lands Conservation Act (ANILCA). The promise of subsistance was part of a contract with Natives and rural residents contained within the massive land settlements for conservation, Native entitlement and allocation of lands for economic development. Sealaska Board of Directors, particularly Director Worl and Chair Kookesh, have been at the forefront with Alaska Federation of Natives to protect Native subsistence rights. Dr. Worl, who chairs the AFN Subsistence Committee, noted that with wide public support of subsistence the state should move forward to resolve the subsistence issue and work with the Native community and federal government on developing sound management regimes.
Sealaska says the Alaska Attorney General and the Governor’s decision to appeal the Katie John case was divisive. If the State’s appeal had been successful, the contracts between the Government and Natives to settle indigenous land claims would have been breached and would have thrown all the agreements of ANILCA and Alaska Native Claims Settlement Act (ANCSA) into turmoil.
“This is an important decision,” said Ed Thomas, President of Central Council of Tlingit and Haida Indian Tribes of Alaska. Thomas, who also serves as a Sealaska director says, “I hope we will now look at ways we can work cooperatively with the state on resource management that will be fair to subsistence users and minimize harassment wherever we can.”
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“We are very pleased with the Supreme Court’s wise decision to uphold the rulings of the lower courts,” said Alaska Federation of Natives' Co-chair Tara Sweeney in a news release. “This is not only a victory for the late Katie John and her extended family, for Alaska Natives and other rural Alaskans who depend on subsistence to feed their families, but for all Alaskans who seek a prosperous, fair and equitable society.”
Alaska Federation of Natives' Co-chair Ana Hoffman added, “The Parnell administration’s lawsuit was an assault upon the people of Alaska who depend upon hunting, fishing and gathering to feed their families. We are very glad that we can put that behind us and work together toward a lasting and fair solution to our state’s subsistence management problem.”
“AFN is grateful for the full support of Secretary of the Interior Sally Jewell, Secretary of Agriculture Tom Vilsack, and top Department of Justice officials, representing the federal government, who is also a party to this case, as well as the Native American Rights Fund,” said Julie Kitka, Alaska Federation of Natives President. “We still have work to do. We still struggle under a highly complex federal-state dual management system, which needs reform.”
Dr. Rosita Worl, Co-chair of Alaska Federation of Natives' Subsistence Committee, said, “AFN and the Native leadership recommits to double our efforts to protect our peoples’ rights. We will focus on what we can do for ourselves without regard to federal and state action. We will continue to build the internal capacity of the Native community. We will continue to explore state legislative actions and further Congressional actions. Lastly, we will call upon President Obama and his Cabinet Secretaries Sally Jewell and Tom Vilsack to utilize all their Executive and Administrative authority to protect the people dependent on subsistence fishing to feed their families. There will be no slow down of our efforts.”
The Supreme Court’s rejection of the State’s appeal marks the end to nearly 27 years of litigation by the Native American Rights Fund on behalf of Katie John.
According to information provided in a news release by the Native American Rights Fund, in Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995) (“Katie John I”), NARF established that in enacting ANILCA, Congress intended to protect subsistence fishing when withdrawing public lands in Alaska, and ANILCA’s subsistence priority applies to those navigable waters in which the United States owns so called “reserved water rights,” or about 60% of Alaska’s inland waters. - More...
Tuesday PM - April 01, 2014
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Pacific Northwest: 100 Years Ago Grand Trunk Railroad Came to Northwest BC By DAVE KIFFER -
A century ago, this week, the railroad came to Northwestern British Columbia.
The Last Spike of the Grand Trunk Pacific Railway, April 7, 1914, Fort Fraser
Photograph from the Wikimedia Commons. Permission: This Canadian work is in the public domain in Canada because its copyright has expired.
The Grand Trunk Pacific Railway’s last spike was driven on April 7, 1914 one mile east of Fort Fraser, approximately 100 miles west of what is now Prince George. Within days, the first trains were delivering passengers and supplies all along the new line from Alberta to Prince Rupert.
It was heralded as a new era for the Northwest Coast, the dream of Charles Hays, the founder of the Grand Trunk Pacific and the town of Prince Rupert which he envisioned as the future “great port” of western North America.
Among the celebrants at the last spike ceremony at Fort Fraser were Edson Chamberlain, the president of the Grand Trunk Pacific and Alfred Smithers, the chairman of the board of the directors. They had taken the train from Winnipeg and Montreal. A separate group, including Superintendent W.C.C. Mehan had come up the line from Prince Rupert.
Like other famous cross country train projects, it had been a competition between track layers coming from both the east and west. According to the Prince Rupert Daily News, the last mile of track had been left unfinished and each crew was timed to see who could complete their half mile of track the fastest.
The eastern crew finished a few minutes ahead of the western crew and then the western crew put the last rail in place. Chamberlain drove the last spike, which was a standard black iron one, not a golden one. Then he gave gold watches to each of the crew bosses.
The last track tie was painted “Point of Completion, April 7, 1914.” After the ceremony, the final 11-foot section was removed. It was later cut up and given away as paper weights. One of the sections resides in the Prince George Railway Museum.
Charles Melville Hays was not on the hand for the completion ceremony because he had died two years earlier when the Titanic sank in the North Atlantic.
Hays was returning from a trip to England to meet with investors for the railway, that he had started in 1903.
The Grand Trunk Pacific Railway was a wholly owned subsidiary of the Grand Trunk Railway, one of the dominant lines in Eastern Canada and the northern Midwest of America. - More...
April 01, 2014
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Alaska: Arctic Economic Council Formed - At the Senior Arctic Officials meeting in Yellowknife on March 26th, the Arctic Council agreed to the creation of the Arctic Economic Council.
According to a news release, the Arctic Economic Council (AEC) will strive to foster sustainable economic development (with an emphasis on participation from indigenous businesses) while protecting the Arctic environment; engage in more robust circumpolar cooperation; and, through periodic reports and proposals, provide a business perspective to the Arctic Council’s work.
The Alaska Arctic Policy Commission (AAPC) Co-Chairs Senator Lesil McGuire and Representative Bob Herron are supportive of the Arctic Economic Council’s creation.
“We congratulate Canada, and in particular Minister Leona Aglukkaq, as Chair of the Arctic Council, for achieving one of Canada’s key priorities during its Chairmanship: the creation of this Arctic Economic Council,” said Representative Bob Herron.
“We appreciate Canada’s efforts spearheading the creation of the AEC and look forward to working with the Council on economic development in Alaska and across the Arctic,” said Senator McGuire. “The perspectives from Industry and business are a valuable component to the tough policy decisions facing lawmakers regarding the Arctic. We will work with the federal government and Governor Parnell’s office to make sure that the state of Alaska is a full participant in the workings of the Council.” - More...
Tuesday PM - April 01, 2014
Alaska: Injured Fisherman Medevaced from King Cove; Fifth Coast Guard Medevac this Year - The U.S. Coast Guard medevaced a 58-year old fisherman from King Cove yesterday (March 31, 2014) during stormy conditions after he was injured on board a Seattle-based processor near Unimak Island in the North Pacific Ocean. The Seattle fisherman severely injured his eye after he was accidentally sprayed with a high-pressure hose at about 1 a.m. yesterday. The 305-foot vessel, M/V Golden Alaska, was heading from Dutch Harbor to Seattle when the accident happened. The closest deep-water port to the Cold Bay Airport was King Cove.
“When we received notice about his injury, we recommended that the vessel go to Cold Bay since it would be easier to medevac him to an Anchorage hospital from there,” said King Cove Clinic Physician’s Assistant Katie Eby.
However, with winds gusting up to 60 miles per hour and high seas, the vessel decided against trying to lift the patient up the 20-foot ladder at the Cold Bay dock and instead landed in King Gove where he was immediately transported to the clinic and admitted there at 11:30 a.m.
“After an assessment at the clinic and a consultation, an emergency room doctor in Anchorage recommended that the patient needed urgent attention by an ophthalmologist in order to preserve as much of his eyesight as possible,” Eby said. “We began exploring options to medevac him since commercial planes weren’t flying into King Cove.”
Eby said Coast Guard personnel wanted to wait until the wind subsided before attempting to land in King Cove to pick up the patient. - More...
Tuesday PM - April 01, 2014
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Update in Progress.
 Education By A. M. Johnson - Couple of items related to Ketchikan education and then Alaska directly. As to Ketchikan and the issue of funding education, having been a Borough Assemblyman, and a school board member the current and annual issue of the funding process is not a mystery. The school board acts on Feelings the assembly acts on Reality . While there are frustrations, as well there should be, one can't ignore the basis of why the assembly is the money belt. Were the school board to act as its own taxing body as it was at one point in the history of Alaska, all the frustrations would disappear would they not? Looking at the scope of expenditures required and wish list of what could be it would be short order till the district would be taxing at a run away level would be my opinion. That is said as past listening to hours of pleading for this or that, and it is always for the children. Yet, in excess of 85% of every dollar acquired currently is directed to the cost of people. Pressure that against the desire to have the latest in educational fad or Best Practice or Current Research and you can see there would be no bottom or limits to funding efforts. - More...
Thursday PM - March 27, 2014
Protecting the unborn By Dave Jensen - I was moved by Marie Zelmer's letter to stand with those that are trying to protect the life of those innocent unborn babies. - More...
Thursday PM - March 27, 2014
RE: The idiocracy of Anti-Realists By Heather Morris -
It is safe to say that Marie Zellmer's letter was her own personal opinion. Correct? An opinion which some may share with her and some do not. Again, an opinion non the less which she is entitled to have. However, calling people idiots for having a different opinion is just down right mean. - More...
Thursday PM - March 27, 2014
The idiocracy of Anti-Realists By Marie Zellmer -
Again I find myself inundated by the idiocy of some people. I would ignore it, but they now stand on the street corner annoying all with their stupidity. First of all you can't even get an abortion in Ketchikan, you have to go 400 miles away. Second, it is LAW, and even the Bible says to accept and obey the laws of your kingdom. Third, and most important, not every woman was created to bear children equally. Having a safe abortion procedure available saves lives, of those who are unable to. Lastly, having a procedure does not mean the woman hates children, it is an act of love. Yes, Love! - More....
Tuesday PM - March 25, 2014
Herring Cove By Ken Arriola -
I feel compelled to reiterate my argument on the behalf of the residents/ private property owners of Herring Cove. I guess I'm befuddled as to why the Ketchikan Borough deems itself the purveyor of tourism activities in a predominantly residential neighborhood. - More...
Saturday - March 22, 2014
SB 182 By Dan Ortiz - I read with interest and concern the recent article in the Ketchikan Daily News, concerning the potential passage of S.B. 182. and the subsequent demonstration by the IBU, (Inlandboatmen’s Union), the Masters, Mates and Pilots Union. The IBEW joined the protest. As a longtime resident of southern Southeast Alaska and as candidate for the AK State House District 36, I stand with the workers and their families on this issue. - More...
Saturday - March 22, 2014
THE SUBCHAPTER'S CORPORATION SOCIAL SECURITY TAX AVOIDANCE SCAM By David G. Hanger -
A local half-wit or two has once again concluded that the licensed practitioners of Ketchikan, despite their collective 250 to 300 years of field experience, and the untold thousands of politicians, bureaucrats, lawyers, regulators, and accountants who have contributed to making these laws are, nonetheless, all dunces, particularly in light of your extreme brilliance in seeing what none of the rest of us have ever seen, that you can form a Subchapter S corporation and never pay social security taxes again. - More...
Saturday - March 22, 2014
Real Reality Cruise Ship Woes By Rob Holston -
Welcome aboard the USS Concep’tione 40 week world voyage. You have been assigned a state-room where ALL of your needs are automatically taken care of: meals served 24/7 with ALL the nutrition perfectly blended and balanced for your individual physical and mental growth and development; climate controlled comfort; every detail taken care of. The name on your state-woom might be Montana, California, Georgia ..... only problem is, it was assigned to you along with a womb-keeper. Google WOMB. She alone has the soul power to toss you overboard at any time during the first 13 weeks of your cruise for ANY reason, her discretion. Your little heart beats frantically as you sense a stranger at your door. You see the womb-keeper will be assisted by one person who has been trained to drag you from your room, kicking and screaming, you will be pulled from your room one piece at a time; arms & legs & then the rest, an early end to “once in a lifetime cruise”. - More...
Saturday - March 22, 2014
B.C. Transboundary Mine Development By Rob Sanderson, Jr. -
My grandmother who raised me taught me an important lesson — take care of the land and water, and it will take care of our present and future generations. I try to live by that principle every day. That’s why I’m speaking out about industrial developments happening near my home in Southeast Alaska. These developments are occurring across the border in Canada, but they have the potential to pollute Southeast Alaska rivers and harm our wild salmon. - More...
Tuesday PM - March 18, 2014
Another Pre-election Gasline Study By Bill Walker -
Here we go again. With another gubernatorial election we get another gas line study (SB 138) designed to fool voters into thinking there's progress on gas line development. - More...
Tuesday PM - March 18, 2014
TERRIBLE TODDLERS By Rob Holston -
Elective Abortion is legal in all 50 states. That’s the law. So why don’t the most liberal states allow elective killing of toddlers i.e. the TERRIBLE TWOS? - More...
Tuesday PM - March 18, 2014
Meter Choice By Amanda Mitchell - On March 5th, Ketchikan Public Utilities came to our house to install a digital ‘smart’ meter on our home. We have been very vocal about not wanting one and you can even reference my online Sitnews letter Technology. The gentleman stated his name was Mark Johnson and we didn’t get the name of the other KPU employee. I do have to give them credit that they have not installed a meter or they switched it back when we caught them in the act, but Mr. Johnson threatened us saying they would disconnect our power in the future if we did not switch over. - More...
Tuesday PM - March 18, 2014
Please don't poison me!! By Sally Balch -
I have lived in Ketchikan most of my life. I live here because we don't live in polluted surroundings and for the most part we have a very clean pristine environment. I'm not a Greenpeace or anything like that, but I am very worried about putting ammonia in our water system. I have several allergies and one of them is ammonia. I can't breath it touch it or have it at all in my home. - More...
Tuesday PM - March 18, 2014
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