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Date Posted: 03:10:25 12/05/05 Mon
Author: Don Johnson
Subject: Kenai River Working Group - the discriminatory path


The Working Group had a decision to make.
The decision was to either work on a very easy to defend general solution to perceived
Kenai River problems or a very difficult discriminatory solution which would
be extremely difficult to defend.
Because they have chosen the discriminatory path, they are now forced to
re-invent the wheel. This path requires an unbelievable amount
of labor and creativeness which I do not believe they have.
I see them as little kids in a play pen attempting to build a Space Shuttle.

The world around us or "The Kenai River," is one of Alaska's Common Use Fisheries Trusts.
Alaska only has three Common Use Fisheries Trusts.

1.] Waters
2.] Wildlife
3.] Fisheries.

The State of Alaska has a common use trust duty to allow its residents equal access
only to these three trust resources.
The bottom line is that you MAY discriminate among residents within other Alaskan
natural resources, but not the above three.
Alaska's Constitution has specifally prevented legislative tampering within it trust
natural resources. The reason these three were removed is because they
are very special and go to the very survival of many of its residents.
Because these big three are different, they are Constitutionally required to be treated
different from other State own natural resources.

It is decided Alaska law that you better have a really good case for messing with
Alaska trust natural resources. This is the issue the Working Group has looked at
and decided that it has a very good case.
If the group has such a good case for tampering with Trust Resources, then let them present the
scientific evidence proving that we have a crowding issue or the same for proving that
discrimination within an Alaska Trust is the only or best way to resolve those issues.

These are the questions which will be asked when this issue again hits the Court's.
The Court will ask for the facts proving a dramatic crowding problem existing on the Kenai River.
The Court will also ask for evidence proving that dumping a landslide of bureaucracy
onto only a single element within the issue, will result in the least restriction for the most users.

So the Working Groups needs to prove that there is a real problem and that the best
solution is one where the guided resident angler is forced off the river while the nonguuided
resident angler is allowed to absorb his share of the trust resourse.
This is a MASSIVE job and I do not believe the Working Group has a clue as to what
it really involves. The Working Group is literally taking on Alaska Trust Law and attempting
to push a square peg through a round hole.

One of the Working Groups main problems is that they are viewing current illegal Kenai River
discriminatory regulations which are now on the books but in my opinion would be found to be
unconstitutional if tested in the Courts. Since these regulations have not been tested
the Working Group believes them to be valid law when they are not.
This is like the snake in the grass which has not bit you, yet.
The Working Group is making legal assumptions which are not real.
This group needs to be held accountable for it public speculations.

Why does the public need to go to their mindless meetings which basically
"contemplate the origins of the universe" and their personal speculations?
Unfortunately the issues they generate regarding the Kenai River attempt to
disrupt many persons lives.

If there is a real problem, let us see the real evidence printed up in the papers.
If there is a real solution, let us see the real evidence printed up in the papers.

Don
ccpwow@gci.net

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