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Biden administration sues state of Alaska over Kuskokwim River salmon fisheries

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Biden administration sues state of Alaska over Kuskokwim River salmon fisheries


The Biden administration is suing the state of Alaska over fishing administration authority on a Southwest Alaska river. The Kuskokwim River is crucial for subsistence fishing, however its king and chum salmon shares have collapsed.

Final yr, the federal authorities allowed restricted openers for rural Alaska subsistence fishermen, as required by federal regulation, on the part of the Kuskokwim that runs by way of the Yukon Delta Nationwide Wildlife Refuge, the Biden administration’s criticism says. On those self same days, the state licensed subsistence fishing alternatives that have been open to all Alaskans.

The battle is enjoying out once more this yr, with the federal authorities planning openings for 3 days in early June restricted to rural subsistence customers, and the state saying all Alaskans can fish on those self same days.

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The 25-page criticism was filed Tuesday in U.S. District Court docket in Anchorage. It names the state of Alaska, the Alaska Division of Fish and Sport, and Fish and Sport Commissioner Doug Vincent-Lang as defendants.

On the coronary heart of the dispute is state regulation that enables subsistence alternatives for all Alaskans, and the federal authorities’s extra restricted view — primarily based on the 1980 Alaska Nationwide Curiosity Lands Conservation Act — that it applies solely to federally certified rural subsistence customers.

The 1980 regulation that applies to federal lands in Alaska created the subsistence precedence for rural Alaskans. However the Alaska Supreme Court docket in 1989 dominated {that a} choice primarily based on the place somebody resides violated the state structure. Underneath Alaska regulation, all residents qualify for subsistence harvests.

The conflicting guidelines have led to many years of battle that continues immediately and differing wildlife administration schemes, with some subsistence searching managed by the federal authorities and a few managed by the state.

Melissa Schwartz, a spokeswoman with the Inside Division, mentioned in an electronic mail Tuesday that predictions for returning king and chum salmon this summer time are so low that the federal authorities should restrict fishing once more to rural subsistence customers just for the 180-mile stretch of river within the Yukon Delta Nationwide Wildlife Refuge.

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[Earlier coverage: State announces Kuskokwim River fishing opening that feds say isn’t legitimate, prompting confusion]

“The lawsuit is important to guard rural subsistence makes use of as supplied in Alaska Nationwide Curiosity Lands Conservation Act,” she mentioned.

The state is reviewing the criticism, mentioned Grace Lee, an assistant lawyer basic with the Alaska Division of Regulation, in an electronic mail.

Lee mentioned the state stands by its administration selections that steadiness state constitutional necessities with scientific decision-making.

“These selections are primarily based on a basis of sound science guided by a administration plan and metrics vetted by way of the Alaska Board of Fisheries with enter from the native stakeholder working group,” Lee mentioned. “This ensures that there are satisfactory subsistence alternatives for Alaskans whereas adhering to the sustainability precept enshrined within the Alaska Structure.”

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[Gov. Dunleavy orders steps to assert Alaska’s water and land rights over feds — including a trespass notice]

Lee mentioned it was unlucky that the federal authorities is suing the state as an alternative of making an attempt to work with it to fulfill subsistence wants for all Alaskans.

The Biden administration’s criticism says federal officers have tried to collaborate with the state to coordinate administration of the Kuskokwim within the refuge, however these efforts have failed.

“The state’s actions threaten the conservation of the (king) and chum salmon populations, usurp the agricultural precedence, and scale back alternatives for individuals who are most depending on the salmon assets of the Kuskokwim River for his or her bodily, financial, conventional, and cultural existence – native rural residents,” the lawsuit says.

The 700-mile-long Kuskokwim River is dotted with Alaska Native villages and runs by way of one of many state’s most impoverished areas. It helps Alaska’s largest subsistence salmon fishery, primarily based on harvest and contributors.

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However the king salmon run has been effectively beneath historic ranges for a number of years, together with final yr. Returns of chum salmon, an essential substitute for the protein-rich king salmon, crashed to file lows final yr, the criticism says.

The administration dispute on the Kuskokwim got here after the state and federal authorities final yr took totally different views on the variety of returning king salmon that ought to be allowed to achieve spawning grounds to assist future runs, in line with the criticism. The federal authorities took a extra cautious view, the criticism says.

The dispute between the state and federal managers was highlighted on June 28, when the state held an opener for all Alaskans on a day when the federal authorities had licensed no opener for anybody, the criticism says.

[‘We’ve never seen this before’: Salmon collapse sends Alaskans on Lower Yukon scrambling for scarce alternatives]

The state introduced that chance simply someday after Anthony Christianson, the chair of the Federal Subsistence Board, which oversees the federal subsistence program, referred to as on the state to enhance its coordination with the federal authorities to enchancment fishing administration of the river, in line with the criticism.

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The federal authorities needs a ruling that federal regulation preempts the state’s actions. It additionally needs the court docket to halt state actions that encourage fish or wildlife harvests in battle with federal regulation.

The Kuskokwim River Inter-Tribal Fish Fee, representing tribes alongside the Kuskokwim drainage, is happy to see the federal authorities’s lawsuit, mentioned Kevin Whitworth, interim govt director.

“We’re heartened to see the federal authorities standing up for the safety of salmon and the significance of federal administration,” he mentioned. The fee is contemplating methods it might probably assist the federal authorities’s effort within the lawsuit, he mentioned.

The group has referred to as the declining fishing on the river a “catastrophic multi-species salmon decline not seen in dwelling reminiscence,” in its September report.

Jennifer Hooper, pure assets director for the Affiliation of Village Council Presidents, a tribal consortium within the area, mentioned final yr’s conflicting openers created confusion amongst subsistence fishermen.

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She was anxious it would result in enforcement actions for fishermen who thought they might fish, however didn’t. She mentioned she’d prefer to see the state coordinate with the federal authorities to enhance fishery administration to assist shield the fishery.

“Salmon is a reasonably crucial element of not simply our household’s meals cache, however simply having that have and taking our kids to study what it means to be a subsistence fisher and to study the cultural features of it are additionally essential,” Hooper mentioned.





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Alaska

Bear death caught on camera postpones Fat Bear Week plans:

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Bear death caught on camera postpones Fat Bear Week plans:


Fat Bear Week | Annual single-elimination tournament

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Fat Bear Week | Annual single-elimination tournament

00:32

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The contenders for this year’s Fat Bear Week were not revealed Monday as planned, after a skirmish between two Alaskan grizzlies in Katmai National Park led to the death of one of the animals. Their fight was captured on a livestream run by the multimedia organization Explore.org, which partners with the National Park Service to host the annual bear competition and shares video online for fans to follow along and vote.

“Earlier today, a bear killed another bear on the river. It was caught live on the webcams and we thought, well, we can’t go ahead with our Fat Bear Week bracket reveal without addressing this situation first,” said Mike Fritz, the resident naturalist at Explore.org, in a conversation on Monday’s livestream held in place of the scheduled unveiling. The 2024 Fat Bear Week bracket reveal has been postponed until Tuesday at 7 p.m. ET.

The fight between a male brown bear and an older female — one of the contestants last year known as Bear 402 — unfolded at the mouth of the Brooks River in Katmai, a protected area on the Alaskan peninsula that draws some of the region’s largest grizzlies to feed on sockeye salmon, according to the National Park Service. The bears are currently hunting the end of the seasonal salmon run as they prepare to enter hibernation during the coming winter months.

“National parks like Katmai protect not only the wonders of nature, but also the harsh realities,” the National Park Service’s Matt Johnson said in a statement obtained by KTUU after Bear 402 was killed. “Each bear seen on the webcams is competing with others to survive.”

402.png
See the transformation of Bear 402 from July to September 2023. The bear was killed in a fight Monday, Sept. 30, 2024.

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N. Boak/National Park Service (left) and K. Moore/National Park Service (right)


Fritz said the bear’s death, and what led up to it, was difficult to watch. He and Sarah Bruce, a park ranger at Katmai, discussed the circumstances that could have precipitated the fight between 402 and the male bear, 469, which they agreed was too drawn out for an ordinary confrontation over food.

“We do know at this time of year that bears are in that state of hyperphagia, and they are eating anything and everything they can,” Bruce said. “I don’t know why a bear would want to expend so much energy trying to kill another bear as a food source. It’s an uncommon thing to see a bear predating on another bear, but it’s not completely out of the question. So it’s hard to say how this started.”

Hyperphagia is the bears’ winter preparation process, where they spend almost all of their time eating and drinking to bulk up before retreating into their dens. Surviving hibernation depends on how much they can eat during this phase of the year, wildlife officials say.

Fat Bear Week is billed by the National Park Service as “a celebration” of their success as hibernation approaches. Cameras track a roster of massive grizzlies that call Katmai home as viewers watch and vote for their favorites, which then advance through several rounds until a winner is crowned. As lighthearted as the event can be, Fritz said what happened Monday was a reminder of the threats these bears often encounter in the wild.

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“We love to celebrate the success of bears with full stomachs and ample body fat,” said Fritz. “But the ferocity of bears is real, the risks that they face are real, their lives can be hard and their deaths can be painful.”

Fritz said Bear 402 was “beloved.” The animal likely died by drowning, he added.


Meet the 2023 Fat Bear Week champion

01:06

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Alaska marks last state for 50-state marathon runner

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Alaska marks last state for 50-state marathon runner


Before last weekend, William Coumbe had never set foot in the Last Frontier. But, he had a bucket list to complete. He was 49 for 50 of not only visiting, but running a marathon, in every U.S. state.

Coumbe raced in Kenai’s annual Kenai River Marathon Sunday and is now part of a small group of athletes to have run marathons in all 50 states. Coumbe says there are slightly less people who have been to outer space than have accomplished this milestone.

“I just checked a bucket list item, which is huge,” he said. “If you can check an item off your bucket list before you expire, that’s huge, and I did that half an hour ago.”

Coumbe’s marathon days began 20 years ago, when he worked for an insurance group in Philadelphia. He says company leadership helped interested employees sign up for marathons. At that point, Coumbe had already run a 10-miler and half marathon, so he decided to go all in.

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Coumbe, now 55, has since participated in a number of notable races, including the prestigious Boston Marathon. He says he enjoys racing marathons around the country because it allows him and his wife to exercise while seeing new places.

The couple picked the Kenai River Marathon because it worked with their schedule. They also wanted a unique Alaska adventure.

“We really wanted to see a little bit more of Alaska than fly in, take a Lyft to a hotel, walk around, just stay in the big city,” Coumbe said. “We wanted an Alaska experience, and I think we got it.”

Coumbe admits he didn’t exactly know what he was getting himself into when he agreed to come to Kenai. He researched the city and was fascinated by its history, specifically the 1797 Battle of Kenai when Dena’ina people attacked a Russian fort. He also didn’t know what weather or terrain to expect, so he packed for every possible scenario.

Coumbe says he’s thankful the marathon course was relatively flat and the rain held off.

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“We know that it gets cold, but while it’s somewhat temperate, what a neat place. A neat place indeed,” Coumbe said.

Although he’s throwing in the hat for full scale marathons, Coumbe’s future plans are to run half marathons in countries around the world.

Until last weekend, Coumbe’s 50-state marathon goal was one of three things still on his bucket list. Still to be done? Smoke a cigar and drink a Cuba libre in Santiago, Cuba, and watch the Buffalo Sabres take home the Stanley Cup.





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How a single education vote is shaping legislative races across Alaska

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How a single education vote is shaping legislative races across Alaska


In Anchorage, 148 teacher positions were vacant at the start of the school year. In Aniak, the superintendent says school buildings are falling down. The Kenai Peninsula Borough School District is projecting a $17 million deficit next year. In Fairbanks, an enrichment program for gifted students is on the chopping block.

Education funding is a key issue in several legislative races across the state that could shape control of the Alaska Legislature next year.

In March, lawmakers failed — by a single vote — to override Gov. Mike Dunleavy’s veto of a bill that would have substantially increased Alaska’s public education funding formula for the first time in years.

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Since then, several candidates have said they were motivated to challenge sitting legislators because their representatives flip-flopped on the issue — voting first in favor of the bill to increase education funding, and then against overturning Dunleavy’s veto of the policy they had supported.

Incumbents who sided with Dunleavy say overriding the veto would have been futile because the governor could have again vetoed the funding from the budget. They argue that the path to a permanent increase in education funding must include agreeing to the governor’s demands — which include the expansion of charter school availability.

Challengers say that a permanent increase to the state’s education budget is urgently needed, and should not depend on the adoption of other reforms favored by the governor.

Many expect that education funding will again be a key issue in the coming legislative session. Lawmakers left Juneau earlier this year after approving a one-time funding boost for schools that educators and administrators said was insufficient.

Meanwhile, the impacts of the legislative stalemate are profound.

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Kuspuk School District Superintendent Madeline Aguillard said that this school year, two-thirds of district teachers — who serve 320 students in nine schools — are international hires on visas. The district has no music or foreign language classes.

“No in-person, elective-type courses are taught by certified teachers,” she said. “They’re all an online-based model, because we can’t plan long-term to hire people.”

‘Pretty much trashed’

In an open Interior race to replace GOP Sen. Click Bishop, Rep. Mike Cronk, a fellow Republican, is running against Fairbanks North Star Borough Assembly member Savannah Fletcher, an independent. Both say education has been brought up repeatedly in their campaigns.

Cronk said he’s been “pretty much trashed for not overriding the governor’s veto.”

Cronk, a retired schoolteacher, said he thinks the Base Student Allocation formula is broken, because it is written in such a way that ensures schools remain open even if they are not operating at full capacity.

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“Everybody thinks just writing a big check solves the issue. It really doesn’t,” said Cronk.

The state’s funding formula should be revised with the goal of improving student performance, he said, and state funding could increase “as long as we know that our kids, our students, are the benefactors.”

Fletcher said education funding is “a major reason” she is running for the state Senate.

“If you believed in legislation enough to vote for it the first time, why would you not stick to your convictions?” Fletcher said. “I am disappointed, and I promise to be a legislator that will stick to my convictions.”

The view is shared by Walter Featherly, an Anchorage independent challenging Republican incumbent Rep. Julie Coulombe for an Anchorage Hillside seat. Like Cronk, Coulombe voted in favor of the underlying bill and then against overriding Dunleavy’s veto.

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Featherly, a former president of the Anchorage School Board, said that Coulombe’s vote against overriding a bill she initially supported indicated that she was willing to “cave to political pressure.”

Coulombe was not available for an interview. In a written statement, she criticized Featherly and Dunleavy’s opponents for failing to consider the education reforms the governor sought to enact.

“I am for funding and reform, but you must have both sides willing to come to the middle, and I just didn’t experience people on the funding side willing to consider any of the governor’s reforms. I do not support pouring more money into a failing system but would like to see the schools change and adapt to improve results,” she said.

On Friday, the Anchorage School District projected that the $5,960 Base Student Allocation would need to be increased by $1,526 to match losses from inflation since 2017 — the last time the BSA was substantially boosted. A school funding increase of that size would cost the state over $385 million per year.

‘Coding their language’

The 907 Initiative, a group that supports progressive causes, has launched an advertising effort targeting sitting legislators for their votes on the education funding veto.

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One ad attacks several lawmakers for voting no on overriding Dunleavy’s veto, calling the underlying bill “a historic opportunity to increase education funding and get our students the support they need to thrive.” The legislators on the receiving end of the attacks include Cronk and Coulombe, along with Kotzebue independent Rep. Thomas Baker and Anchorage Republican Rep. Craig Johnson.

“When I knock on doors, there are two main issues that I bring up. The first one is school funding,” said Featherly, who trailed Coulombe by three points in the August primary.

Johnson faces a challenge from Chuck Kopp, a more moderate GOP former lawmaker with a history of working across the aisle. Kopp led Johnson by a 21-point margin in the August primary.

Baker was appointed to his seat by Dunleavy late last year, and voted in line with the governor’s positions on key issues. He was a registered Republican when selected for the seat, but switched his party affiliation to independent ahead of the election. He faces two Democratic opponents, each of whom received more votes than he did in the primary — Mayor Saima Chase of Kotzebue and Robyn Burke of Utqiagvik, president of the North Slope Borough’s school board.

“The first thing I want to see is an increase to the Base Student Allocation,” Burke said in an interview.

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Chase, who had Dunleavy as her fourth grade teacher in Kotzebue, said that she supports a long-term increase to the state’s school funding formula, alongside more funding for vocational education.

“It’s tough on our kids, because we constantly get first-year teachers here, and we’re not getting enough support to get them long term,” she said. “Gone are the days of teachers that have been here for 20 years.”

Baker did not respond to a request for comment. In a July interview with Kotzebue’s public radio station, Baker reasoned that the veto override vote would have been futile because the governor would have vetoed the funding from the budget.

Some lawmakers quietly said that voting to override the governor’s veto could lead to reprisals by Dunleavy against their other legislative priorities. Other legislators told the Daily News that it was simply difficult for a Republican lawmaker to defy a sitting Republican governor. Fifty-six of 60 legislators voted for the underlying education bill. Seventeen of those Republicans voted against the measure after Dunleavy vetoed it.

Aubrey Wieber, who directs the 907 Initiative, said it was important that Alaskans know about legislators’ record on the veto override — an action they may not choose to highlight.

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“Everyone talks about supporting education, and even if they’re not supporting any funding increase for public education, they’re still pretty much coding their language so you can’t understand what their actual position is,” said Wieber.

Other independent groups backing candidates are also putting education front and center.

Putting Alaskans First, an independent expenditure group that funds progressive and centrist legislative candidates, received $70,000 this year from the political action committee of NEA-Alaska — a union representing most teachers in the state — and in turn contributed significant sums in key races.

Americans for Prosperity, a conservative group that urged Dunleavy to veto the bipartisan education bill and thanked legislators for sustaining that veto, has been spending money to support Republican candidates aligned with its positions. The advocacy group broadly supports expanding charter schools and sending more public funds to private schools.

Dunleavy has remained largely opaque on his education priorities after failing to gain legislators’ support for his policy goals earlier this year.

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His office declined an interview request for this story. In response to emailed questions, Dunleavy spokeswoman Jessica Bowers said that the governor’s position is that “schools need funding to address inflation. However, the BSA is not a silver bullet, and funding should be targeted to where it will have the greatest positive impact on student learning.”

Fierce competition

Rep. Bryce Edgmon, a Dillingham independent running for reelection, said the makeup of the Legislature next year — and the House in particular — will play a role in determining the outcome of the education funding debate.

Currently, the House is governed by a 23-member majority that includes 19 Republicans, along with two Democrats and two independents — Edgmon among them.

The 16-member House minority, made up mostly of Democrats and independents, is seeking to grow its ranks enough to control the chamber. Increasing education spending is one of the coalition’s top priorities.

Members of the current House majority vary in their positions on education but have been skeptical of a plain funding increase.

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House Speaker Cathy Tilton, a Wasilla Republican running unopposed, said she would support policy proposals favored by Dunleavy to increase the number of charter schools in Alaska. But when asked about whether House Republicans would support an increase to the Base Student Allocation, she declined to answer, saying that it would “certainly be a topic of discussion.”

“Although a lot of our members are being hit on not being pro-education, I would say that is totally opposite,” said Tilton.

Control is often won narrowly in the closely divided chamber, but it could take just two flipped seats to see a sea change.

The seats held by Baker, Johnson and Coulombe could all be part of determining control of the House as more moderate candidates run on a platform of boosting education funding.

The campaigns have so far refrained from talking about specific numbers. Last year, educators said they would need a boost of more than $350 million to the existing education budget of around $1.2 billion in order to make up for seven years without significant increases to the formula. The funding ultimately written into the bill vetoed by the governor included a $175 million increase to the estimated annual budget.

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Edgmon said that the legislative debate next year could be all the more challenging because oil prices are currently hovering close to $70 per barrel, below past projections by the state.

“The competition for what could be a lesser amount of state dollars could be more fierce this upcoming session,” said Edgmon.

Correction: The story has been updated to reflect that the 907 Initiative focuses on progressive causes, but does not involve itself in political campaigns. A separate organization, 907 Action, supports progressive candidates in statewide and local elections. 907 Action and 907 Initiative are both directed by Aubrey Wieber.





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