Press Release:  January 4, 2005

Contact: Sarah Gilbertson, Special Assistant to the Commissioner, (907) 465-6137

ADF&G Supports Lawsuit Challenging Federal Reserved Water Rights

(Juneau) – Today, Wayne Regelin, Acting Commissioner of the Alaska Department of Fish and Game (ADF&G) expressed ADF&G’s support for Governor Frank Murkowski’s decision to challenge federal regulations implementing the Katie John decision as they relate to federal reserved water rights.

Earlier today, Governor Murkowski announced that the State of Alaska will file a lawsuit on Friday in Washington, D.C., against the federal government challenging regulations that, in some cases, expand federal jurisdiction to non-federal lands and over marine waters beyond the mean high tide mark. The lawsuit will also challenge federal jurisdiction over certain waterways and water bodies where reserved water right reservations have not been established.

“ADF&G applauds Governor Murkowski’s decision to assert sovereignty by challenging these federal regulations, which extend federal authority beyond what the court directed in the Katie John decision,” said ADF&G Acting Commissioner Wayne Regelin. “Such inappropriate and unnecessary extensions of jurisdiction affect not only subsistence use of fish and wildlife, but the ability of the state to develop other natural resources adjacent to and underlying navigable waters, tidelands and marine waters.”

Historically, the Alaska Board of Fisheries and Board of Game have also supported the State of Alaska’s rights to both conserve and develop fish and game resources, and to manage and allocate those resources for the benefit of Alaskans. Art Nelson, Chairman of the Board of Fisheries, anticipates that both boards will continue their joint and independent work to protect those important rights.
 

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