A news release from our client the Association of Village Council Presidents:
Association of Village Council Presidents and Allies Win Federal Court Case Which Protects Subsistence Fishing Rights, Defends Katie John Cases
On August 20, 2025, the Ninth Circuit Court of Appeals ruled in favor of the United States, the Association of Village Council Presidents (AVCP), and our allies, rejecting the State of Alaska’s attack on federally protected subsistence rights and the Katie John line of cases. The Ninth Circuit affirmed the March 2024 decision from the federal District Court for the District of Alaska and the permanent injunction that precludes the State of Alaska from taking actions that interfere with federal efforts to implement a rural subsistence priority established by the Alaska National Interest Lands Conservation Act (ANILCA).
ANILCA recognizes that subsistence fishing is essential to Alaska Natives’ physical, economic, traditional, and cultural existence, and mandates a subsistence fishing priority for rural residents whenever it becomes necessary to restrict fishing to conserve fish populations. Due to the State’s decades-long refusal to comply with ANILCA, the United States regulates fishing on public lands in Alaska, including on the portion of the Kuskokwim River that lies within the Yukon Delta National Wildlife Refuge (Refuge).
Western Alaska, including the Kuskokwim River, is experiencing a severe, multi-year, multispecies salmon crash that is devastating for our families and communities. In response to this crisis, the United States has been forced to restrict fishing and implement ANILCA’s rural subsistence priority in the Refuge. Yet in 2021 and 2022, the State repeatedly interfered with the implementation of the rural subsistence priority when the Alaska Department of Fish & Game attempted to open the river to fishing via emergency orders that blatantly contradicted federal orders. And in 2023, to defend its unlawful actions in court, the State expanded its attack on federally protected subsistence rights by directly challenging ANILCA and the Katie John line of cases.
Vivian Korthuis, CEO of AVCP applauded the Ninth Circuit’s decision: “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.
Learn more about the Katie John cases.
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