Reetz v. Bozanich

397 U.S. 82 (1970)

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Nature of the Case

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Facts

D passed laws in 1968, concerning salmon net gear licenses for commercial fishing that provide: 'Persons eligible for gear licenses. (a) Except in cases of extreme hardship as defined by the Board of Fish and Game, a salmon net gear license for a specific salmon registration area may be issued only to a person who '(1) has previously held a salmon net gear license for that specific salmon registration area; or '(2) has, for any three years, held a commercial fishing license and while so licensed actively engaged in commercial fishing in that specific area...' Ps are nonresidents who applied for commercial salmon net gear licenses. P cannot qualify for a license. Ps sued Ds for deprivation of their rights under the Equal Protection Clause of the Fourteenth Amendment and also their rights under the Alaska Constitution. The Alaska constitution provides in Art. VIII, § 3: 'Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use.' And it provides in Art. VIII, § 15: 'No exclusive right or special privilege of fishery shall be created or authorized in the natural waters of the State.' Ps moved for summary judgment. Ds moved to dismiss or a stay pending the determination of the Alaska constitutional question by an Alaska court. Ps motion was granted. The three-judge District Court held that the Act and regulations in question were unconstitutional both under the Equal Protection Clause of the Fourteenth Amendment and under the Constitution of Alaska. Ds appealed.