United States v. James Wilde

MEMORANDUM

Defendant James Albert Wilde was convicted of violating 36 C.F.R. §§ 2.32 (a)(1), (2) and 3.2(b). See also 16 U.S.C. § 3 ; Alaska Stat. § 05.25.055 (a), (d); Alaska Stat. § 05.25.090 (b)(2). Wilde appeals his conviction, arguing that the National Park Service does not have authority to enforce these regulations on the part of the Yukon River that runs within the geographic boundaries of the Yukon-Charley Rivers National Preserve. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

According to 16 U.S.C. § 3103 , “[o]nly those lands within the boundaries of any conservation system unit which are public lands ... shall be deemed to be included as a portion of such unit.” Id. (emphasis added). The statute necessarily divides “lands within the boundaries of any conservation system unit” into “public lands” and wow-public lands. See id. While only “public lands” are “included as a portion of such unit,” any wow-public lands nevertheless are “lands within the boundaries of [the] conservation system unit.” See id.; see also 16 U.S.C. § 3102 .

Wilde is correct that certain “regulations [are] applicable solely to public lands within such units.” 16 U.S.C. § 3103 ;…