00CS FOR HOUSE JOINT RESOLUTION NO. 202(FIN) am                                                                         
01 Proposing amendments to the Constitution of the State of Alaska relating to use                                         
02 of renewable resources for subsistence by residents.                                                                    
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                              
04    * Section 1.  Article VIII, sec. 4, Constitution of the State of Alaska, is amended to read:                       
05  Section 4.  Sustained Yield.   (a)   Fish, forests, wildlife, grasslands, and all                                   
06 other replenishable resources belonging to the State shall be utilized, developed, and                                  
07 maintained on the sustained yield principle, subject to preferences among beneficial                                    
08 uses.                                                                                                                   
09   (b) The legislature may, consistent with the sustained yield principle,                                             
10 provide a preference to and among residents to take a wild renewable resource                                           
11 for subsistence uses on the basis of customary and traditional use, direct                                              
12 dependence, the availability of alternative resources, the place of residence, or                                       
13 proximity to the resource.  When the harvestable surplus of the resource is not                                         
14 sufficient to provide for all beneficial uses, other beneficial uses shall be limited                                   

01 to protect subsistence uses.                                                                                           
02    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding a new                             
03 section to read:                                                                                                        
04  Section 30.  Effective Date of Subsistence Amendment.  If the amendment                                             
05 to Section 4 of Article VIII, regarding use of renewable resources for subsistence, is                                  
06 adopted at the 2000 general election, the amendment takes effect immediately on                                         
07 certification of the election returns by the lieutenant governor.                                                       
08    * Sec. 3.  PURPOSE. The purpose of the amendments proposed by this resolution is to                                
09 allow for a preference for subsistence uses of fish, wildlife, and other renewable natural                              
10 resources; to ensure state management of fish and wildlife throughout the state; to address the                         
11 constitutional issues identified by the Alaska Supreme Court in McDowell v. State of Alaska,                            
12 785 P.2d 1 (Alaska 1989) and State v. Kenaitze Indian Tribe, 894 P.2d 632 (Alaska 1995);                                
13 and to bring the state into compliance with Title VIII, Alaska National Interest Lands                                  
14 Conservation Act (PL. 96-487).                                                                                          
15    * Sec. 4.  The amendments proposed by this resolution shall be placed before the voters of                         
16 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
17 State of Alaska, and the election laws of the state.