The U.S. District Court for the District of Alaska denied a request by the State of Alaska to enjoin action taken by the Federal Subsistence Board (FSB) in response to food shortage concerns raised during the COVID-19 pandemic. The State challenged FSB’s delegation of authority to local management to open emergency subsistence hunts as well as its decision to close certain hunting areas to all but subsistence hunters for a period of two years. The court upheld action taken by the FSB, ruling that the state’s arguments surrounding the emergency hunt were moot since the hunt already has taken place, and further ruled that FSB has not exceeded its authority in imposing a two-year prohibition on hunting in certain areas relied upon by local subsistence hunters in the Village of Kake, a federally recognized tribal government.
[To accompany Federal Case Law Update "Federal Judge Upholds Federal Subsistence Board Hunting Restrictions" from Brooks Animal Law Digest Issue No. 116.]