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Anchorage, Alaska — The Alaska Federation of Natives (AFN) announced a significant legal victory as the Ninth Circuit Court of Appeals has affirmed Judge Gleason’s decision in the Kuskokwim case that the Katie John cases remain good law. The court’s opinion, released this morning, confirms that Congress, in enacting Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA), created a rural subsistence priority to fish, including salmon, in the navigable waters on federal lands, as held decades ago in the Katie John cases. The State of Alaska argued in the Kuskokwim case that the subsistence priority only extended to fish in non-navigable waters, effectively gutting any rural subsistence priority to salmon.  

The ruling determined that the terms “public lands” can be understood differently under Title I and Title VIII of ANILCA and that Congress ratified the original interpretation, which includes navigable waters traditionally used for salmon fishing—an essential aspect of subsistence for Alaska’s Native communities.

“This victory preserving the rural subsistence priority is a testament to our collective resilience and determination to protect our rights and culture for future generations,” said Ana Hoffman, AFN Co-Chair.

This strong opinion reinforces the importance of salmon to subsistence lifestyles and confirms that the law supports access to traditional fishing grounds.

“I want to thank AFN’s leaders and members for intervening in this case,” added Joe Nelson, AFN Co-Chair. “This ‘win’ is one of many more to come as we continue the endless work of protecting our way of life.  The dual management compromise will continue testing us – until we fix it.”

AFN commends the diligent work of the court and the legal teams involved, emphasizing that this decision safeguards the rights of Alaska Natives to access vital subsistence resources. While the State has the option to request a rehearing or appeal to the U.S. Supreme Court, AFN is confident that the ruling provides a clear affirmation of Native rights and the importance of preserving our traditions.

“This ruling reaffirms the rural subsistence priority for fishing, as Congress intended, and underscores the importance of salmon to our culture and sustenance,” said Ben Mallott, AFN President. “We will continue to advocate for policies that protect our way of life and uphold our legal rights.”

AFN appreciates the efforts of the other intervenors in this case, including the Kuskokwim River Intertribal Fish Commission, Association of Village Council Presidents, and Ahtna, Inc., for their commitment to this vital task.

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  afn, anilca, katie john, ninth, opinion, ruling, titleviii, victory