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NINILCHIK TRADITIONAL COUNCIL v. U.S.

No. 99-35017.

227 F.3d 1186 (2000)

NINILCHIK TRADITIONAL COUNCIL; Jack Kvasnikoff, Jr., Plaintiffs-Appellants, v. UNITED STATES of America; Bruce Babbitt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2000.

Attorney(s) appearing for the Case

William E. Caldwell and Carol H. Daniel, Alaska Legal Services Corporation, Fairbanks, Alaska, for the plaintiffs-appellants.

Todd Kim, Department of Justice Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before: D.W. NELSON, REINHARDT, and THOMAS, Circuit Judges.

D.W. NELSON, Circuit Judge:

The Federal Subsistence Board, created by the Secretary of the Interior to administer "the subsistence taking and uses of fish and wildlife on public lands," 50 CFR § 100.10(a) (1999), imposed an antler size restriction on subsistence uses of moose in Game Management Unit ("GMU") 15 on the Kenai Peninsula. The Ninilchik Traditional Council and a subsistence hunter from the Ninilchik Tribe...

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