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STATE v. KENAITZE INDIAN TRIBE

No. S-6162.

894 P.2d 632 (1995)

STATE of Alaska and Carl L. Rosier, in his official capacity as Commissioner of Fish and Game, Appellants, v. KENAITZE INDIAN TRIBE, Ninilchik Traditional Council, Knik Tribal Council, and the Native Village of Eklutna, Appellees.

Supreme Court of Alaska.

Rehearing Denied June 2, 1995.

Attorney(s) appearing for the Case

Stephen M. White, Asst. Atty. Gen., Juneau; T. Henry Wilson, Asst. Atty. Gen., Anchorage, Bruce M. Botelho, Atty. Gen., Juneau, for appellants.

Carol H. Daniel, Alaska Legal Services Corp., Eric Smith, Anchorage, William E. Caldwell, Alaska Legal Services Corp., Fairbanks, for appellees.

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

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...

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