State v. Kenaitze Indian Tribe

OPINION

MATTHEWS, Justice.

The issues in this case are whether the Alaska Constitution is violated by a statute which (1) requires the creation of areas in which permits for subsistence hunting and fishing may not be granted, and (2) grants priority hunting and fishing rights to a preferred class of subsistence users based on where they reside.

I. BACKGROUND

Since 1978, subsistence hunting and fishing has had statutory priority over sport and commercial hunting and fishing. 1 In practice, when a fish or game population is insufficient to supply all consumptive uses consistent with the sustained…