State, Commercial Fisheries Entry Commission v. Carlson

OPINION

CARPENETI, Justice.

I. INTRODUCTION

To what extent may Alaska charge nonresident commercial fishermen higher license and permit fees than it charges residents? In order to comply with the Privileges and Immunities Clause of the United States Constitution, the differential between individual resident and nonresident permit fees must be substantially equal—but need not be precisely equal—to the contribution of each Alaska resident to fisheries management. Because in ordering the state to pay refunds to nonresidents who paid more than their fair contribution to Alaska’s fisheries budget the…