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Date Posted: 04:51:36 04/28/04 Wed
Author: Don Johnson
Subject: SJR 26 Salmon Enhancement in Wilderness Areas

SJR 26 Salmon Enhancement in Wilderness Areas

It appears that the 9th Circuit Court of Appeals decision to ban the salmon stocking in Tustumena Lake
is basically targeting human development and not human access.
Commercial fishermen have been claiming that because they would be prevented from conducting
a commercial stocking "development" within this area, outfitting and guiding activities would also be prevented.
This claim appears to be groundless as the Wilderness Areas Protection Act, WAPA contains clauses
which specifically allow this type of human access activity to a limited degree.

WAPA, SPECIAL PROVISIONS
§4(d)(1) allows aircraft or motorboats.
§4(d)(6) allows recreational commercial services.

References below.

(SJR 26 Salmon Enhancement in Wilderness Areas) is an Alaska Legislature attempt to get the
United States Department of the Interior and the United States Department of Justice to appeal
the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness
Society v. United States Fish and Wildlife Service and to seek an emergency stay of the
decision pending an appeal of the decision.

SJR 26 Salmon Enhancement in Wilderness Areas
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SJR026A&session=23

The Kenai River Professional Guide Association, KRPGA is opposed to SJR 26 and any further
attempt to appeal this Ninth Circuit decision.
There will be a teleconference on SJR 26 today March 8th, at 1:00 pm.

-------------------------------
Wilderness Areas Protection Act
Public Law 88-577
88th Congress, S. 4
September 3, 1964
http://www.wilderness.net/index.cfm?fuse=NWPS&sec=legisAct&error=404

--------------------------------------------------------------------


The Wilderness Act also authorizes activities that do not conform with the restrictions,
usually subject to regulation by the Secretary Specifically:
http://www.ncseonline.org/NLE/CRSreports/Public/pub-3.cfm?&CFID=12885017&CFTOKEN=8597658

SPECIAL PROVISIONS
· §4(d)(1) allows "the use of aircraft or motorboats, where these uses have already
become established," subject to "desirable" restrictions;
wording:

(1) Within wilderness areas designated by this Act the use of aircraft or motorboats,
where these uses have already become established, may be permitted to continue subject
to such restrictions as the Secretary of Agriculture deems desirable. In addition,
such measures may be taken as may be necessary in the control of fire, insects, and diseases,
subject to such conditions as the Secretary deems desirable.

· §4(d)(6) allows commercial services "which are proper for realizing the recreational
or other wilderness purposes of the areas.
wording:

(6) Commercial services may be performed within the wilderness areas designated by this Act
to the extent necessary for activities which are proper for realizing the recreational or other
wilderness purposes of the areas.

---------------------------------------------------------
SJR 26 Salmon Enhancement in Wilderness Areas,
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SJR026A&session=23
10 WHEREAS the decision has broad economic implications throughout Alaska
11 concerning the conduct of any commercially related activities, such as guiding, trapping,
12 customary trade, commercial lodges, eco-tourism, and other similar operations, within or near
13 a wilderness area that have been traditionally engaged in by Alaskans;


02 FURTHER RESOLVED that the Alaska State Legislature respectfully requests that
03 the United States Department of the Interior and the United States Department of Justice
04 request a temporary emergency stay of the decision of the United States Court of Appeals for
05 the Ninth Circuit to allow the enhancement project to continue this year while the decision is
06 under appeal.


-----------------------------

WHAT IS WILDERNESS?
http://www.ncseonline.org/NLE/CRSreports/natural/nrgen-5.cfm
The Wilderness Act defines wilderness as an area of generally undisturbed Federal land. Specifically, section 2(c) states:

A wilderness, in contrast with those areas where man and his works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean . . . an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.

The Wilderness Act defined wilderness as an area of generally undisturbed Federal land, but did not establish criteria or standards to determine whether an area should be designated, because of differing perceptions of wilderness and because of the varying purposes of wilderness. In general, wilderness areas are undeveloped, and commercial activities, motorized access, and roads, structures, and facilities are prohibited in wilderness areas. However, in response to conflicting demands, Congress has granted both general exemptions and specific exceptions to the general standards and prohibitions.

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