Alaska Fish & Wildlife Conservation Fund v. Alaska
Annotate this CaseThe Alaska Board of Game has established two different systems of subsistence hunting for moose and caribou in Alaska’s Copper Basin region: (1) community hunts for groups following a hunting pattern similar to the one traditionally practiced by members of the Ahtna Tene Nene’ community; and (2) individual hunts. A private outdoors group, the Alaska Fish and Wildlife Conservation Fund, argued that this regulatory framework violated the equal access and equal protection clauses of the Alaska Constitution by establishing a preference for a certain user group. The Fund also argued that the regulations were not authorized by the governing statutes, that they conflicted with other regulations, and that notice of important regulatory changes was not properly given to the public. The Supreme Court concluded that the Board’s factual findings supported a constitutionally valid distinction between patterns of subsistence use, and because the Board’s regulations do not otherwise violate the law, the Court affirmed the superior court’s grant of summary judgment to the State, upholding the statute and the Board regulations against the Fund’s legal challenge.
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