Legislature strips fishing/hunting rights from residents

The Alaska State Capitol. (Laurie Craig / Juneau Independent)

By Steve Bradford

The state Senate and House have passed HB 93. As written, HB 93 states that if you are an Alaska resident and you are away from Alaska for more than 180 days per year, you are no longer entitled to a resident hunting/fishing license and you must purchase a non-resident license.  

Consider the following:

1) Article 8, Section 3 of the Alaska Constitution states “Whenever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use.”  This means all residents are entitled to the state’s fish and wildlife, not just people who are in the state over 180 days — but all residents.

2) Article 8, Section 17 of the Alaska Constitution states “Laws and regulations governing the use or disposal of natural resources shall apply equally to all persons similarly situated.” This means all residents shall have equal laws and regulations applied equally for fish and game purposes, not just residents that are in-state over the 180-day criteria set forth in HB93 — but again all residents.

3) Alaska’s common use doctrine is a key legal principle that clearly applies and the courts have upheld that “Fish and wildlife belong to all Alaskans collectively.” Again this is all residents, no matter how many days they are in-state or out-of-state.

4) Residency is defined in AS 01.10.055 and in particular I quote sub paragraph (c): “A person who establishes residency in the state remains a resident during an absence from the state unless during the absence the person establishes or claims residency in another state, territory, or country, or is absent under circumstances that are inconsistent with the intent required under (a) of this section to remain a resident of this state.” The law does not establish time limits for absences. Further section (a) of this statute states “A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state.” 

5) I believe HB 93 is trying to illegally create two classes of residents. HB 93 as written violates AS 01.10.055 Residency, Article 8 of the Alaska Constitution, and the Equal Protection Clause of the U.S. Constitution’s 14th Amendment. (The Equal Protection Clause requires equal treatment of all residents.)

In addition to our senior citizen snowbirds who like to skip our long winters, there are many residents that must leave the state to earn a living — fishermen leave for extended periods to fish Oregon and California tuna and crab, construction workers go south during Alaska winter shutdown periods, merchant mariners must be at sea for extended periods, pilots travel out of state for days at a time, traveling nurses, etc. All of these residents will to be required by law to purchase a non-resident hunting/fishing license if their absence exceeds 180 days per year once HB 93 is signed into law.

This proposed new law makes no sense — it’s illegal, divisive, and serves no purpose other than to punish those who choose or need to be absent from the state more than 180 days per year.

Please write or email Gov. Dunleavy and ask him to veto this legislation. This legislation needs to be stopped.

• Steve Bradford is a sports fisherman who lives in Juneau.