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STATE, COMMERCIAL FISH. COM'N v. CARLSON

No. S-11677.

191 P.3d 137 (2008)

STATE of Alaska, COMMERCIAL FISHERIES ENTRY COMMISSION, Appellant, v. Donald H. CARLSON, Warren Hart, Gerard Haskins, Stephen R. Libby, Earl Weese, and Lyla C. Weese, Individually and as Class Representatives on Behalf of All Persons Similarly Situated, Appellees.

Supreme Court of Alaska.

Rehearing Denied September 11, 2008.

Attorney(s) appearing for the Case

Robert C. Nauheim, Assistant Attorney General, Anchorage, and David W. Márquez, Attorney General, Juneau, for Appellant.

Loren Domke, Juneau, for Appellees.

Before: MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

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...

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