Katie JOHN; Doris Charles; Mentasta Village Council; Alaska Federation Of Natives, Plaintiffs-Appellees, v. UNITED STATES of America; Bruce Babbitt, in his official capacity as Secretary of Interior; Daniel Glickman, in his official capacity as Secretary of Agriculture; and Daniel Demientieff, Niles Cesar, Fran Cherry, Robert Barbee, Dave Allen, and Rick Cables, in their capacities as members of the Federal Subsistence Board, Defendants-Appellees, and State of Alaska and Frank Rue, in his capacity as Commissioner of the Alaska Department of Fish and Game, Defendants-Appellants, 216 F.3d 885

ORDER Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be heard by the en banc court pursuant to Circuit Rule 35-3 . Judge Fisher was recused.