Interesting Alaska Development

Larry Bartlett

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The move by Dunleavy to effect Alaska's sovereignty over substrate rights to navigable streams across the state will, if undisputed, stop the decades old fight of state vs. fed ownership of navigable streams in the Alaska.


How this could positively affect hunters is that it seems to remove the stranglehold Native groups (using the federal subsistence board) from arbitrarily and unscientifically closing public lands to hunting. How? Lets say the Northwest communities propose through the FSB to close GMU 23 and 26A to all non-local hunters as they have attempted and succeeded several times the past 10 years. If Dunleavy's actions stick, the feds can close lands in these GMUs but all lands below the mean highwater mark would be owned and controlled by the state of Alaska and enforced by the laws passed within the Alaska state hunting regulation.


It also gives the state ownership of the substrate rights beneath flowing water, which could lend these lands to resource development schemes.


IMO, these are topics all public land owners, caribou and moose hunters should bookmark and revisit this year to track developments.

LB
 

Clarktar

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I wonder if the stream bed ownership is the priority prize for the state.

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Larry Bartlett

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yes, but it's also an anti-fed mentality from the top down to we the people of Alaska. The precedent for this decision and its longstanding battle was set by the Supreme Court ruling in favor of John Sturgeon after many years and a million dollar defense cost:

 

Hostile1

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yes, but it's also an anti-fed mentality from the top down to we the people of Alaska. The precedent for this decision and its longstanding battle was set by the Supreme Court ruling in favor of John Sturgeon after many years and a million dollar defense cost:

That poor guy
 

VernAK

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Thanks for posting Larry!
The Feds should have been challenged on this many years ago but we lacked Governors with balls.
We sportsmen raised a pile of money to help Mr Sturgeon with legal fees. We are deeply indebted to
Mr Sturgeon for having the courage and stamina to take this all the way after losing in 9th Circuit Court.

This issue is very important to sportsmen and Alaskans. I'm sure Larry or some of his clients have endured all
manners of abuse by various and multiple agencies.
 

Marbles

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Coming from a Governor who has filed a lawsuit to allow a mining company to literally dig up salmon streams, I have no confidence that he intends this to benefit sportsman. Hopefully I'm just too cynical, but it feels like every other time he opens his mouth he clames values that do not align with his actions.
 

VernAK

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Coming from a Governor who has filed a lawsuit to allow a mining company to literally dig up salmon streams, I have no confidence that he intends this to benefit sportsman. Hopefully I'm just too cynical, but it feels like every other time he opens his mouth he clames values that do not align with his actions.

Agree.....I thought Dunleavy's letter to the Feds was out of character .
 

Clarktar

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I have little doubt that this is for access to the stream bed, and nothing else!

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Larry Bartlett

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"This issue is very important to sportsmen and Alaskans. I'm sure Larry or some of his clients have endured all
manners of abuse by various and multiple agencies."

Actually to the contrary. LEOs and most agents are just doing their job. Fun fact, the inspiration for Project Bloodtrail was a Wildlife Trooper with a SuperCub back in 1999. He checked one of my groups in an area he'd never seen rafts. Those guys were cited for "failure to salvage edible meat" (roughly 30lbs of neck from memory) and warned that they were close to a violation in "failing to preserve meat for human consumption." He gave me a courtesy call and discussed points of interest to strengthen and better prepare my guests. He cared enough about the outcome for the whole community that he confidently highlighted my (our) deficiencies. So, his patrol of public lands shaped a career focus on meat care and shit like that.
 
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Larry Bartlett

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It's really hard to keep up with the angles of threat when discussing the future of public lands and hunting access. On one hand state control seems best, on the other federal protection from drill-baby-drill state political movements feels best.

All I can say is stay involved in something that keeps us informed as a community and stronger as a result. Public lands are shrinking in Alaska, regardless of navigability and hunting closures debates.
 

VernAK

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Delta Jct, Alaska
Larry,
Thanks for your efforts in keeping us aware of all the issues as it's mind boggling and we don't have Senators that defend us very well.

I have no issues with Alaska Wildlife Troopers and I maintain a good relationship with the WTs in this area but the Feds are another arena.
 

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