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Protect the Subsistence Board - What You Can Do

This is a reminder that the Departments of the Interior and Agriculture are currently accepting comments on the future of the Federal Subsistence Board. Some organizations are opposing the rural subsistence priority for fish and game, aiming to significantly limit the Board's authority and eliminate the representation of rural Alaskans and Alaska Natives in the Board’s decisions.

You can submit your comments to the Departments of the Interior and Agriculture. The Alaska Federation of Natives (AFN) has provided a comment letter template and a fact sheet to assist you. Comments are due by March 30, 2026.

On January 20, AFN hosted an overview of how the Federal Subsistence Board manages Alaska Native and rural Alaskan subsistence hunting and fishing, and outlined current threats to the Board.

The webinar addressed how the Board operates, why it is important to maintain its powers and membership, and how AFN members can get involved by submitting comments to the Departments of the Interior and Agriculture. You can watch the webinar and download the presentation here.

The agencies will hold Tribal Consultation sessions on this review, but only upon request. Make sure your Tribal government reaches out to the DOI to request consultation.

Victory for rural subsistence in US v. Alaska

Background
In 2021 and 2022, the Federal Subsistence Board and the Yukon Delta National Wildlife Refuge Manager closed the section of the Kuskokwim River within the Refuge to non-subsistence fishing. This measure was taken to safeguard the fish population for continued subsistence use by rural residents, who are classified as “federally qualified users.” During the closures, the federal government allowed limited subsistence fishing by residents.

However, in both years, the State issued orders that ignored the federal government’s orders, opening up the same stretch of the Kuskokwim to fishing by all Alaskans.

The Lawsuit
In May 2022, the federal government filed a lawsuit against the State for issuing conflicting orders and disrupting its management of the Kuskokwim. On September 1, 2023, the State requested that the court declare that the State, not the federal government, holds the management authority over subsistence fisheries like the Kuskokwim. The State also requested that the court overrule the Katie John cases.

This means the State is essentially seeking to nullify Title VIII of ANILCA. Title VIII provides a priority for subsistence takings by rural residents during times of shortage, and the Katie John cases clarified that the rural subsistence priority applies to fishing on rivers in Alaska that run through or alongside federally-owned land.

The Kuskokwim River Inter-Tribal Fish Commission, AVCP, Ahtna, and AFN joined the case as intervenors to defend the rural subsistence priority.

Victory for Rural Subsistence

In March of 2024, the United States District Court for the District of Alaska ruled in favor of the United States and the intervenors and upheld the rural subsistence priority to fish as applied by the Katie John cases. The State of Alaska appealed that decision, and in August of 2025 the Ninth Circuit Court of Appeals rejected the state’s appeal and again ruled in favor of rural subsistence and upheld Katie John. You can read the court’s decision here. The state appealed to the Supreme Court, which rejected the appeal in January of 2026. You can read the intervenors’ brief defending subsistence here.

This victory means that a rural subsistence priority for fishing will continue to exist. “Today’s decision is a huge victory, and it’s a relief to see the Court uphold the framework that prioritizes our subsistence rights,” said Gayla Hoseth, AFN Co-Chair. “This decision reinforces the resilience of our people, and we will continue to advocate for our subsistence rights and sustain our cultural and traditional practices.”

Joe Nelson, AFN Co-Chair, added, “This ‘win’ is more a ‘sigh of relief’ and reminder that we cannot take our way of life for granted. This decision should serve as a call to action to elect more lawmakers and appoint more judges who understand, appreciate, and practice our way of life.”

Ben Mallott, AFN President, commented, “We are deeply gratified by the Court’s decision not to disturb the robust protections that affirm federal subsistence priorities. This supports the continuity of our rural subsistence rights, which are integral to our cultures, economies, and food security, and affirms the long-standing Katie John line of cases that shape federal subsistence management. We hope that this latest victory will be the final time we are called to defend our fundamental rights from legal attack by the State of Alaska.”

AFN recognizes the hard work and dedication of its partners in this effort – the Kuskokwim River Inter-Tribal Fish Commission, the Association of Village Council Presidents, and Ahtna, Inc. – and remains committed to working closely with its members and federal and state agencies to ensure that the management of subsistence resources continues in a way that respects both legal protections and the needs of Alaska Native communities across the state.

AFN Subsistence Workshops

As part of our work defending subsistence, AFN has developed an in-depth workshop on the legal history and regulatory status of Alaska Native subsistence. This workshop is available to stream below, and AFN is planning to present the workshop across Alaska in person - please reach out to us if you would like us to host a workshop in your region!

2024 Subsistence Workshop

PRE-CONVENTION WORKSHOP
October 16, 2024

AFN hosted the "Understanding the Subsistence Framework in Alaska" workshop on October 16, 2024. This educational session provided an overview of the legal structure of subsistence management in Alaska and explore pathways to advance Alaska Native customary and traditional hunting and fishing rights. This workshop was free and open to the public and was live-streamed for those unable to attend in person.

Download a PDF of the AFN Subsistence Workshop slides here.

Subsistence Workshop Series

WORKSHOP 1 >> Overview of Alaska’s Subsistence Framework
May 5, 2022

This workshop was a complete review of Alaska’s subsistence framework, including laws impacting Native subsistence rights such as ANCSA, ANILCA, and MMPA.

Access text and audio transcripts of the session here.

Download a PDF of the slides Tyson Kade, Partner at Van Ness Feldman LLP presented here.

WORKSHOP 2 >> Native Participation in Subsistence Decision-Making
May 12, 2022

Our second workshop explored avenues of Native participation among the Federal Subsistence Board, Alaska State Legislature, State of Alaska Boards of Game & Fisheries, and significant court challenges.

Access text and audio transcripts of the session here.

Download a PDF of the slides Anna C. Crary of Landye Bennett Blumstein LLP presented here.

WORKSHOP 3 >> Options and Considerations for more Comprehensive Alaska Native Subsistence Rights and Use
May 19, 10:00 am to Noon

This workshop focused on concrete options and action steps to advance AFN’s subsistence-related objectives.

Access text and audio transcripts of the session here.

Download a PDF of the slides Melinda L. Meade Meyers of Van Ness Feldman LLP presented here.

Background: The AFN Board of Directors, at its February 2022 meeting, passed the 2022 Subsistence Action Plan. The 2022 Subsistence Plan recognizes significant opportunities with the Biden Administration to expand our hunting and fishing rights. More modern views of social equity favor reconciliation with past wrongs and acknowledgment that some settlements were based on then-favored racial and political equality and diversity theories. Taking full advantage of the opportunities within the Biden Administration and the 117th Congress, AFN’s top subsistence priority is to pursue actions to obtain far more complete and comprehensive protection of rights to hunting, fishing, and gathering for Alaska Natives than exist under current law.

AFN invites our members to participate in these upcoming workshops to learn how to get more involved in our Subsistence framework. Each series will be recorded for educational purposes for our membership.