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HJR 2: Proposing amendments to the Constitution of the State of Alaska relating to use of renewable resources for subsistence by residents.

00                        HOUSE JOINT RESOLUTION NO. 2                                                                     
01 Proposing amendments to the Constitution of the State of Alaska relating to use of                                      
02 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    * Sec. 2.  Article VIII, sec. 4, Constitution of the State of Alaska, is amended by adding a                       
10 new subsection to read:                                                                                                 
11            (b)  The legislature may, consistent with the sustained yield principle, provide                             
12       a preference to and among residents to take a wild renewable resource for subsistence                             
13       uses on the basis of customary and traditional use, direct dependence, availability of                            
14       alternative resources, place of residence, or proximity to the resource.  When the                                
15       harvestable surplus of the resource is not sufficient to provide for all beneficial uses,                         
16       other beneficial uses shall be limited to protect subsistence uses.                                               
01    * Sec. 3.  Article XV, Constitution of the State of Alaska, is amended by adding a new                             
02 section to read:                                                                                                        
03            Section 30.  Effective Date of Subsistence Amendment.  If the amendments                                   
04       to Section 4 of Article VIII, regarding use of renewable resources for subsistence, are                           
05       adopted at the 2004 general election, the amendments take effect immediately on                                   
06       certification of the election returns by the lieutenant governor.                                                 
07    * Sec. 4.  PURPOSE.  The purpose of the amendments proposed by this resolution is to                               
08 allow for a preference for subsistence uses of fish, wildlife, and other renewable natural                              
09 resources; to ensure state management of fish and wildlife throughout the state; to address the                         
10 constitutional issues identified by the Alaska Supreme Court in McDowell v. State of Alaska,                            
11 785 P.2d 1 (Alaska 1989) and State v. Kenaitze Indian Tribe, 894 P.d. 632 (Alaska 1995); and                            
12 to allow the state to come into compliance with Title VIII, Alaska National Interest Lands                              
13 Conservation Act (PL. 96-487).                                                                                          
14    * Sec. 5.  The amendments proposed by this resolution shall be placed before the voters of                         
15 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
16 State of Alaska, and the election laws of the state.