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ALASKA v. FEDERAL SUBSISTENCE BD.

No. 07-35723.

544 F.3d 1089 (2008)

State of ALASKA, Plaintiff-Appellant, v. FEDERAL SUBSISTENCE BOARD; Michael Fleagle, Chairman, Federal Subsistence Board; Dirk Kempthorne, Secretary of the Interior; Ed Schafer, Secretary of the Department of Agriculture, Defendants-Appellees, Cheesh-Na Tribal Council; Larry Sinyon, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2008.

Attorney(s) appearing for the Case

Michael W. Seawright, Assistant Attorney General, Anchorage, AK, for the plaintiff-appellant.

Ellen J. Durkee, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Heather Kendall, Native American Rights Fund, Anchorage, AK, for the defendants-intervenors-appellees.

Douglas S. Burdin, Washington, D.C., for amici curiae Safari Club International, and Safari Club International Foundation.

James H. Lister, Birch, Horton, Bittner & Cherot, Washington, D.C., for amicus curiae Kenai Sportfish Association.

Before: D.W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

TASHIMA, Circuit Judge:

Defendant-Appellee Federal Subsistence Board ("FSB" or "Board") administers the federal subsistence program at the heart of Title VIII of the Alaska National Interest Lands Conservation Act ("ANILCA"), 16 U.S.C. §§ 3111-26. In 2005, the FSB granted residents of Chistochina, a rural community in Southeast Alaska, a Customary and Traditional use determination ("C & T determination") for moose throughout Game Management Unit ("GMU...

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