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McDOWELL v. STATE

No. S-2732.

785 P.2d 1 (1989)

Sam E. McDOWELL, Dale E. Bondurant, Ronald Mahle and Harold Eastwood, Appellants, v. STATE of Alaska, Alaska Department of Fish and Game, Alaska Board of Fisheries, Alaska Board of Game and Don W. Collinsworth, Commissioner of Fish and Game, Appellees, The Alaska Federation of Natives, Protectors of the Land d/b/a Numan Kitlutsisti, Tony Vaska and Walter Charley, on behalf of himself and all other persons similarly situated, Intervenors/Appellees.

Supreme Court of Alaska.

Rehearing Denied March 2, 1990.

Attorney(s) appearing for the Case

Cheri C. Jacobus, Ross, Gingras, Bailey & Miner, P.C., Anchorage, for appellants.

Larri Irene Spengler, Asst. Atty. Gen., Grace Berg Schaible, Atty. Gen., Juneau, for appellees.

Donald Craig Mitchell, Anchorage, for intervenors/appellees.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Chief Justice.

INTRODUCTION

This case challenges chapter 52 SLA 1986 which grants a preference to rural residents to take fish and game for subsistence purposes. The only requirement to be met by a subsistence fisherman or hunter is residency in a rural area of the state.

The rural preference is challenged under several provisions of the Alaska Constitution: the common use clause, article VIII, section 3; the no exclusive...

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