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Alaska v. Federal Subsistence Bd.

ELR Citation: 38 ELR 20249
Nos. No. 07-35723, (9th Cir., 09/23/2008)

The Ninth Circuit upheld the Federal Subsistence Board's customary and traditional use determination (C&T determination) allowing members of a rural Alaskan community to harvest moose under federal subsistence hunting regulations, which are more permissive than the state's hunting regulations. The board's fact-finding with respect to the residents' subsistence use of moose was supported by substantial evidence. In addition, the board properly considered specific moose populations. And the board's decision to grant the residents a C&T determination for moose was not "arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law" under the Administrative Procedure Act.