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Thread: Resident Confusion

  1. #1
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    Default Resident Confusion

    So I am getting really confussed on what type of license I need to get. Last year I got a resident license and even the store I bought it from said I was good but, after reading a post the other day I think I would have got nailed if I had gotten to hunt. I am going to call later today and get clarification but the regs say this:

    Resident:
    Alaska Resident per AS 16.05.415(a): "resident" means a person (including an alien) who is physically present in Alaska with the intent to remain indefinitely and make a home here, has maintained that person's domicile in Alaska for the 12 consecutive months immediately preceding this application for a license, and is not claiming residency or obtaining benefits under a claim of residency in another state, territory, or country; a member of the military service or U.S. Coast Guard who has been stationed in Alaska for the 12 consecutive months immediately preceding this application for a license; or a dependent of a resident member of the military service or U.S. Coast Guard who has lived in Alaska for the 12 consecutive months immediately preceding this application for a license. A person who does not otherwise qualify as a resident may not qualify by virtue of an interest in an Alaska business.

    Per AS 16.05.415(b): A person who establishes residency in the state in accordance with the residency provision above remains a resident during an absence from the state unless during the absence the person (1) establishes or claims residency in another state, territory, or country; or (2) performs an act, or is absent under circumstances, that are inconsistent with the intent required under the residency provision above.

    The first para clearly states that you have to be in Alaska for 365 consecutive days. The second says that you just need to establish residency but don't have to be in state consecutivley. Can anyone clarify what they are saying. I just want to make sure I am legal when hunting, can't afford any hefty fines

  2. #2
    Supporting Member Amigo Will's Avatar
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    Default

    Big difference between months and days. I see nowhere that its 365 days straight

  3. #3
    Member Bullelkklr's Avatar
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    Default 1 yr

    You have to be living here with intent to stay for 1 year before you can buy a resident hunting or fishing license.

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    Member AKHunterNP's Avatar
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    I talked to the troopers about this. I had two friends a couple years ago get fined for this. It is 365 calendar days, not 12 months. The troopers explanation was that the published hunting regs are only an excerpt of the full regs. Either way it should be more clear about residency. There is another post on here about someone getting fined and trying to get a trophy back from F&G. The troopers have access to all kinds of information to find out when you entered Alaska and when you claimed residency, DMV, border patrol, if your military they can check with your personnel office, PFD's, etc. Also, lets say you are military and claim Alaska residency. If you leave Alaska and buy a resident license in another state and then return to Alaska you have to wait 365 days before you are considered a resident again for buying a hunting license or tags because you bought a license in another state as a resident. If you have any questions make sure you contact F&G or the troopers. It's cheaper to make a phone call than it is to pay fines.
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

  5. #5
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    Just go off the phone with the Troppers. As long as you move here and establish residency (Drivers Lic./House) you can leave the area and still be a resident following a year. Basically, if you can receive a PFD you are a resident.

  6. #6
    Member AKHunterNP's Avatar
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    The two lines I put in bold is what the trooper said to me. By obtaining a resident license during your absence is obtaining benefits under a claim of residency. I guess it depends on how that individual trooper reads it. I don't know, I'm just relaying my conversation with a trooper. This isn't the first time I've gotten two different stories from two different troopers though.

    Resident:
    Alaska Resident per AS 16.05.415(a): "resident" means a person (including an alien) who is physically present in Alaska with the intent to remain indefinitely and make a home here, has maintained that person's domicile in Alaska for the 12 consecutive months immediately preceding this application for a license, and is not claiming residency or obtaining benefits under a claim of residency in another state, territory, or country; a member of the military service or U.S. Coast Guard who has been stationed in Alaska for the 12 consecutive months immediately preceding this application for a license; or a dependent of a resident member of the military service or U.S. Coast Guard who has lived in Alaska for the 12 consecutive months immediately preceding this application for a license. A person who does not otherwise qualify as a resident may not qualify by virtue of an interest in an Alaska business.

    Per AS 16.05.415(b): A person who establishes residency in the state in accordance with the residency provision above remains a resident during an absence from the state unless during the absence the person (1) establishes or claims residency in another state, territory, or country; or (2) performs an act, or is absent under circumstances, that are inconsistent with the intent required under the residency provision above.
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

  7. #7
    tim jones
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    Default Your call

    1. Never trust the person's advice selling you your license - there are no knowledge requirements for these people (put your trust in the regs)

    2. If you have different dates on a number of databases (DMV, PFD, signing into base..etc) I think it would be up to the Troopers on which one they wanted to use

    3. Troopers, like everyone else, interpret the regs different (and as I stated before) IN MY OPINION they cut people very little slack

    4. I would simply wait 365 days from when you were physically present to buy a resident license and hunt with an untroubled mind

    good luck

  8. #8

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    I believe that a person is actually a resident after 3 months in alaska, BUT cannot buy a resident hunting lisence untill after one full year.

  9. #9
    Supporting Member Amigo Will's Avatar
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    What the trooper is telling you is that you could live here for fifty years and then be in a wreck and sent to Seattle for two days and when you come back you must start over again. That ain't the law

  10. #10
    Member shphtr's Avatar
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    Default Alaska "resident"

    "I believe that a person is actually a resident after 3 months in alaska"

    I BELIEVE THAT STATEMENT IS INCORRECT....IN THE USUAL CONTEXT OF "ALASKAN RESIDENT"

  11. #11
    Member AKHunterNP's Avatar
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    Quote Originally Posted by Amigo Will View Post
    What the trooper is telling you is that you could live here for fifty years and then be in a wreck and sent to Seattle for two days and when you come back you must start over again. That ain't the law
    That isn't what the reg or the trooper was saying at all. If you leave the state and obtain benefits of a resident (a resident hunting license) in that other state, then for hunting purposes and licensing you are not able to purchase a resident license.
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

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    if the guy hunted or fished as a resident (or got some kind of resident benefit) in another State between Aug 2008 (when he apparently moved his family here) and when he got back (Aug 2009) I'd think his clock would start in AUG 2009 (or whenever he got back).

    However

    its not my PFD or Priveledges that are at risk - its HIS.

    This just doesnt seem like a hard question to answer unless there is something else out there that he is worried about.

  13. #13
    Member AKHunterNP's Avatar
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    Quote Originally Posted by Cutter View Post
    if the guy hunted or fished as a resident (or got some kind of resident benefit) in another State between Aug 2008 (when he apparently moved his family here) and when he got back (Aug 2009) I'd think his clock would start in AUG 2009 (or whenever he got back).

    However

    its not my PFD or Priveledges that are at risk - its HIS.

    This just doesnt seem like a hard question to answer unless there is something else out there that he is worried about.
    Agreed, I'm just relaying my experience dealing with this same situation. I would just get a non-res license and tags and deal with it. It's alot cheaper than getting caught doing something wrong, especially if it is only a few days that are in question.
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

  14. #14

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    How many times have we seen this type of stuff posted about Alaskan residency?? Personally I don't see what is so hard about determining residency, your here either 365 days straight and your a resident or your not here 365 days straight and your a non-resident. For hunting purposes only of course.

    Example: You cross the Canadian border on 10 May 2010 and enter Alaska, you must live in Alaska until 10 May 2011 then you are considered a resident for hunting purposes. No vacations or outside trips allowed, you gotta stay here 365 or you start over.

  15. #15
    Member AK Ray's Avatar
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    This article covers some of the issues brought up in this post. It is a good read.

    The title focuses on PFD, but the case hinges on hunting and fishing residency requirements. Makes it pretty clear.

  16. #16
    tim jones
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    Default proving my point

    great find Ray

  17. #17
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    Ok, I think I will just get the Non-Resident Military license and play it safe till August when then I will have been here for a straight 365! Just in case everyone is wandering I moved myself and family here in August of 2008 then went to Korea for a year. Then I got back in Aug 09. That was a good article and thanks for everyones input.

  18. #18
    Member cjustinm's Avatar
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    so if you get here in May and go to the lower 48 for a two week vacation in november some of you are saying you can't get residency the following June becaue you left the state during your 1st year im thinking thats not right.

  19. #19

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    Quote Originally Posted by cjustinm View Post
    so if you get here in May and go to the lower 48 for a two week vacation in november some of you are saying you can't get residency the following June becaue you left the state during your 1st year im thinking thats not right.
    You are right, they are incorrect (as I see things at least). I think at least one of them was saying that tongue-in-cheek. The only way it would reset the clock would be if you claimed any kind of benefit that you would get as a resident of that other state like if you went back for 2 weeks and hunted or fished as a resident in that other state. As long as you were just there for a vacation, there should not be an issue from what I can find.

  20. #20
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    Default Read the article

    read the article AK Ray posted and you will understand why you can't go on vacation. The law states you have to be here PHYSICALLY for 365 CONSECUTIVE days

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