The 9th Circuit Court of Appeals today issued a ruling in an Alaska Native subsistence rights case.

In a unanimous ruling, the court refused to overturn a decision of the Federal Subsistence Board to recognize a subsistence moose hunt. The Cheesh-na Tribal Council was able to expand its traditional and customary hunting area under the decision.

The court rejected a slew of challenges Alaska raised to the FSB decision and to the regulations that affect Native subsistence rights. Summary judgment to the federal government was upheld.

The state of Alaska objected during the administration of former governor Frank Murkowski, a Republican. The appeal continued under Gov. Sarah Palin (R), who is the Republican vice presidential nominee for Sen. John McCain.

The case was cited by two prominent Native rights attorneys in their widely circulated criticism of Palin. Lloyd Miller and Heather Kendall Miller said Palin "sought to invalidate critical determinations the Federal Subsistence Board has made regarding customary and traditional uses of game, specifically to take hunting opportunities away from Native subsistence villagers and thereby enhance sport hunting."

9th Circuit Decision:
Alaska v. Federal Subsistence Board (September 23, 2008)

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