On August 20, 2025, the Ninth Circuit Court of Appeals upheld a previous federal District Court decision in favor of the United States, the Association of Village Council Presidents (AVCP), and allied organizations. The ruling rejected the State of Alaska’s challenge to federally protected subsistence fishing rights and reaffirmed legal precedents established by the Katie John cases.
The court’s decision maintains a permanent injunction that prevents the State of Alaska from interfering with federal efforts to enforce a rural subsistence priority as required by the Alaska National Interest Lands Conservation Act (ANILCA). ANILCA mandates that rural residents receive priority for subsistence fishing when restrictions are needed to conserve fish populations. For years, state authorities have not complied with these federal requirements, resulting in federal regulation of fishing on public lands such as those within the Yukon Delta National Wildlife Refuge.
In recent years, Western Alaska has faced a significant decline in salmon populations across multiple species. This situation has affected communities along rivers like the Kuskokwim River, where many depend on salmon for food and cultural practices. In response to declining fish stocks, federal agencies have restricted fishing and enforced ANILCA’s provisions within the refuge.
However, in both 2021 and 2022, the Alaska Department of Fish & Game issued emergency orders opening sections of the river to fishing despite conflicting federal restrictions. These actions led to legal disputes over whether state or federal regulations should prevail during periods requiring conservation measures. In 2023, Alaska expanded its legal challenge by directly contesting ANILCA and prior court decisions supporting Native subsistence rights.
Vivian Korthuis, CEO of AVCP, stated: “This case was another blatant attack on the subsistence rights of Alaska Native people. The Ninth Circuit plainly and clearly rejected the State’s arguments. AVCP is committed to defending our traditional waters, our communities, and our ways of life. We are resilient and will continue to fight for our families and communities. And we are proud to stand with the Kuskokwim River Inter-Tribal Fish Commission, the Alaska Federation of Natives (AFN), Ahtna Tene Nené, and Ahtna, Inc., and all of our allies who have supported this effort.” Korthuis continued: “Although Katie John is not with us to celebrate this victory, as the Ninth Circuit said yesterday, ‘the precedent that bears her name lives on.” We honor her memory in this victory.
More information about these legal precedents can be found regarding the Katie John cases.
