Alaska SCT Upholds Subsistence Hunting Rules against Challenge from Conservation Group

Here is the opinion in Alaska Fish & Wildlife Conservation Fund v. State:

Alaska Fish and Wildlife Conservation Fund v State

An excerpt:

Regulations promulgated by the Alaska Board of Game establish 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.1 A private outdoors group, the Alaska Fish and Wildlife Conservation Fund, argues that this regulatory framework violates the equal access and equal protection clauses of the Alaska Constitution by establishing a preference for a certain user group. The Fund also argues that the regulations are not authorized by the governing statutes, that they conflict with other regulations, and that notice of important regulatory changes was not properly given to the public. But because we conclude that the Board’s factual findings support a constitutionally valid distinction between patterns of subsistence use, and because the Board’s regulations do not otherwise violate the law, we affirm the superior court’s grant of summary judgment to the State, upholding the statute and the Board regulations against the Fund’s legal challenge.


Alaska Brief

Appellant’s Opening Brief

Appellant’s Reply Brief

Brief of Appellee Ahtna Tene Nene’