CSHJR 102(JUD): Proposing amendments to the Constitution of the State of Alaska relating to a preference for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendments.
00CS FOR HOUSE JOINT RESOLUTION NO. 102(JUD) 01 Proposing amendments to the Constitution of the State of Alaska relating to a 02 preference for subsistence uses of fish and wildlife; and providing for an effective 03 date and repeal of the subsistence amendments. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article VIII, sec. 4, Constitution of the State of Alaska, is amended to read: 06 Section 4. Sustained Yield. (a) Fish, forests, wildlife, grasslands, and all 07 other replenishable resources belonging to the State shall be utilized, developed, and 08 maintained on the sustained yield principle, subject to preferences among beneficial 09 uses. 10 * Sec. 2. Article VIII, sec, 4, Constitution of the State of Alaska, is amended by adding 11 new subsections to read: 12 (b) Except in areas designated by the legislature as nonsubsistence areas, the 13 legislature may establish, consistent with the sustained yield principle, a preference for 14 subsistence uses of fish and wildlife that takes effect when a particular fish or wildlife
01 resource is not sufficient to reasonably accommodate all beneficial uses of the 02 resource. The preference shall be available to any individual resident who resides 03 within an area outside nonsubsistence areas as designated by the legislature and within 04 an area in which the residents are determined to be customarily and traditionally 05 dependent on the particular fish or wildlife resource, or who has demonstrated 06 customary and traditional dependence on that particular fish or wildlife resource. 07 Residents who do not reside within an area in which the residents are determined to 08 be customarily and traditionally dependent on the particular fish or wildlife resource 09 are rebuttably presumed not to qualify for the preference. The presumption shall be 10 fully rebuttable so that a resident may qualify for the preference if customary and 11 traditional dependence on the particular fish or wildlife resource is demonstrated. 12 (c) Except as provided in (b) of this section, the State may not grant a 13 preference for subsistence uses of a fish or wildlife resource based exclusively or 14 partly on a resident's place of residence. 15 (d) A preference established under (b) of this section shall not diminish the 16 utilization of forests, grasslands, or other replenishable resources or mineral, water, or 17 other natural resources of the State. 18 * Sec. 3. Article XV, Constitution of the State of Alaska, is amended by adding a new 19 section to read: 20 Section 29. Effective Date and Repeal of Subsistence Amendment. (a) The 21 governor shall certify the date that federal law governing subsistence uses of fish and 22 wildlife on federal public lands in the State 23 (1) defines the term "public lands" to expressly exclude 24 (A) any and all State and private lands and waters, including 25 any and all navigable waters; and 26 (B) any federal interest in waters arising under the navigational 27 servitude or doctrine of reserved waters; 28 (2) waives federal jurisdiction, as provided or otherwise asserted under 29 the Alaska National Interest Lands Conservation Act (P.L. 96-487), as amended, over 30 any and all State and private lands and waters, including any and all navigable waters, 31 in the State;
01 (3) repeals the jurisdiction of the federal courts under Title VIII, Alaska 02 National Interest Lands Conservation Act (P.L. 96-487), as amended, to hear cases 03 arising from State management of fish and wildlife on State and private lands and 04 waters, including navigable waters, in the State; and 05 (4) acknowledges that the laws of the State that are in existence on 06 December 1, 1998, are consistent with provisions of federal law governing the 07 subsistence uses of fish and wildlife on federal public lands in the State. 08 (b) Subsections 4(b), 4(c), and 4(d) of Article VIII, regarding a preference for 09 subsistence uses of fish and wildlife, take effect on the day the legislature adopts a 10 resolution concurring with the governor's certification under (a) of this section. 11 (c) Subsections 4(b), 4(c), and 4(d) of Article VIII, regarding a preference for 12 subsistence uses of fish and wildlife, are repealed if a federal court issues a final 13 decision that the Congress of the United States exceeded the scope of its constitutional 14 authority by enacting as part of Title VIII, Alaska National Interest Lands 15 Conservation Act (P.L. 96-487), either 16 (1) a rural resident preference for subsistence uses of fish and wildlife; 17 or 18 (2) a preemption of State authority over the management of fish and 19 wildlife on federal public lands in the State. 20 (d) For the purposes of (c) of this section, Subsections 4(b), 4(c), and 4(d) of 21 Article VIII are repealed on the day after the date of the final decision. The date of 22 the final decision is 23 (1) the date the time for appellate review of the decision expires 24 without request for appellate review; or 25 (2) for a final decision by the Supreme Court of the United States, the 26 date of the decision itself. 27 * Sec. 4. The amendments proposed by this resolution shall be placed before the voters of 28 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 29 State of Alaska, and the election laws of the state.