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Thread: Resident or non Resident

  1. #1
    Member sheep man's Avatar
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    Default Resident or non Resident

    Question #1 If you moved from alaska to the lower 48 and continued to work in alaska 50% of the year,hold a PO box in alaska would you be a resident????
    #2 What if you bought a house in alaska and lived outside but claimed residents in alaska, I know it sounds stupid but it's happening....
    #3 Fish and game has investigated a couple of these cases and no tickets were issued,there still claimming to be residents and living outside?????
    #4 Who would you contact to find out if this is right or wrong?????

    Buy the way one of these guys has drawn a sheep tag this year,and last year it was bear and goat....

  2. #2
    Premium Member jmg's Avatar
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    #1 - "If you moved from Alaska to the lower 48 . . ."
    #2 - "What if you . . . lived outside but . . ."

    I think these two parts of your questions give you the answer. Everything I have ever seen on AK residency is defined as being "physically present in the state with the intent to remain for the indefinite future." That goes for PFDs, hunting licenses, etc. At least on the PFD application, maybe hunting requirements too, but they ask if you have been outside of Alaska for 180 days for the year you were applying. This would knock out the person working here 50% of the time I assume. It seems to me that you can own three houses, six P.O. boxes and a dogsled team in Alaska, but if you are not living here, bottom line is you are not a resident. I wonder if these guys are getting PFDs too?

    I do not know why Fish and Game doesn't do more. Makes me feel a little silly now. I moved here three years ago and actually crossed the Canada/Alaska border on August 17. The next year, I went back and forth in my head as to whether I was a "resident" for dipnetting purposes when they extended the season until August 10. I even justified it in my head - I had begun paying rent on an apartment here beginning July 1. So basically I had been here for 99% of the year, and had a place to live for over a year. In the end, the rule was pretty clear - be physically present in the state for 1 year. I was 7 days short, so I opted against the dipping.

    Hopefully F&G will catch up to these guys.

  3. #3
    Member BRWNBR's Avatar
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    i was under the impression once you had done your 12 consec. months you could leave state but not claim residency in another state but you had to spend X number of days in alaska.

    there was a thread a while back about military being able to be alaska residents and not live here..new one on me.
    Master guide license #212.....now what?!

  4. #4

    Default military

    That applys to the military. All states require that you change your residency within a certain time period, most being 30 days. Theres nothing that says you cant work in alaska and live in some other state but you cant benifet from living in that state. You cant work there, you cant vote and so on

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    Forum Admin Brian M's Avatar
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    Military members can still claim AK residency while stationed elsewhere as long as they intend to return to AK to live upon retirement. This does not apply to civilians, though. I have always assumed that the definition of resident used by the PFD department is the same criteria used by F&G, but I'm not positive. I am certain that simply owning a cabin or business up here is not enough for residency, regardless of whether you lived up here previously at one time.

    -Brian

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    Member sheep man's Avatar
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    Default

    These guys are not military....if they were i wouldn't be looking to bust these guys....

  7. #7

    Default resident

    From what I have seen in the Military, Usually members choose their home of record. Some choose the state they are stationed in, and some simpily choose Alaska or Oregon for the tax free. All they have to do is choose what state they desire and have it put on their earning statement for tax witholding. The way I understand it, you can't choose Alaska on you earning statement, fly up there and hunt as a resident because you did not live there for the preceding 12 months. Also if you have lived there for 12 months and left, but still claim Alaska on you earning statement you are a resident as long as you have the intent to make it your home. Most states that I have seen don't require military that is a resident of that particular state to pay state taxes. This is a good topic. I am intrestead to know what the ruling on this would be.

  8. #8
    Member anonymous1's Avatar
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    Thumbs down Drivers License

    I have been told that an out of State drivers license is a benfit of residency from that state and that if you claim any benifit from another state you are disqualified from AK residency.

  9. #9

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    I'd call the licensing department. I'm not positive on civilians, though I do know how the thing works for us military.

    I'm curious though. How do those members, at least those who hunt and fish, of the US Senate and House manage to return to the state and hunt? (ex. Ted Stevens) They are civilians. They live most of the year in DC.

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    Default Some differences here

    If you look at the regs, there is a distinct difference between the requirements for establishing residency and maintaining it once established. The answer is fairly clear and fish and game can help someone with it if they are curious.

  11. #11
    Member ak_powder_monkey's Avatar
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    I think the question would be where do you vote?
    I choose to fly fish, not because its easy, but because its hard.

  12. #12

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    I think the intent part is the only way to argue.How could they intend to stay if they have been doing this for so long?

  13. #13
    Member muskeg's Avatar
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    Default AK residency

    I think that the F&W troopers do bounce your residency claim against the Perm fund roster. If you did not qualify for a Perm fund then you are probably suspect about claiming false residency here or at least that raises a red flag.

    It is pretty clear what you must do to qualify for a hunting and fishing license. That qualification is not just once then your good to go. That rule applies every year when you buy a new license.

    There is a little leeway about the 12 consecutive months. You can be absent a little. They cannot pull your residency for going on vacation outside.

    But if you vote in AK, have AK drivers license and vehicle license, have a home in Alaska and also a seasonal home in some other state and are gone from Alaska for months ....... good question.

  14. #14
    Member dwhunter's Avatar
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    Default

    But if you vote in AK, have AK drivers license and vehicle license, have a home in Alaska and also a seasonal home in some other state and are gone from Alaska for months ....... good question.

    I know alot of folks in that situation.

    Doug

  15. #15
    Member muskeg's Avatar
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    Default residency

    Just talked with a Brown Shirt about this. He said it is basically a case by case type thing.

    Once you have established your residency in Alaska (fish and game residency rules) you can leave the state for a period of time and still qualify as a resident hunter / fisher. As long as you do not do anything in the other state to compromise your Alaska residency like getting a resident license, changing your voting place, driver license, etc in that other state.

    He stated that .... take a case like if you own a $300K home in Oregon and a $5K cabin on POW Island and even if you stayed here for the year and changed all your things to become a resident here and then became a part timer .... that would not fly.

    A case by case basis.

    Sheepman ... I would turn them in. If they are deemed residents nothing will happen. If they aren't they will be in trouble.

  16. #16

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    Sheep Man, why wouldn't you be looking at these guys the same as a non-military if they are illegally getting resident tags? A military criminal is no better than a non-military criminal!!

    P.S. I am a 21 year military veteran, and VERY pro-G.I. But, G.I.'s up here have no special rules when they break the law. They are the ones that make all the military look bad, and should be ones you are trying to get busted. A criminal is a criminal, regardless of their occupation.
    Now just why in the hell do I have to press "1" for English???

  17. #17

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    I saw this happen to a guy I went to school with, he was on kodiak for a year, as a civilian, moved back to wa, maintained his ak residency, the next year he went back to hunt. he shot a black bear....all was fine. he then bought a resident wa license and not too teribly much later ak was wanting their bear back and him in court. Funny thing is he was the guy who got away with everything back in school.

  18. #18

    Default resident

    You don't have to vote.
    You don't have to claim a PFD.
    You don't have to have an AK drivers license if military.
    Those are out of the question.....

    How long is a period of time? What does intent mean? I do agree about purchasing a resident license in one state and not being able to in another.

    Another question: What if you lived in AK for several years and was a legit resident and got transfered to lower 48. Still keeping you residency in AK and not buying a resident license in any other state then comming back up to AK 11 months later to hunt. Would this be legit? You don't own a house and have been gone for 11 months, but your still a resident and you have lived there in the preceding 12 months and do have the intent to retire there..... And because you have NOT lived in the lower 48 for 12 months,you can't be a resident there.....

  19. #19

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    bradb1169

    sheep man's question was in regard to civilians. I'll copy and paste some information I received from Lance Nelson, the Assistant Attorney General of Natural Resources. It should answer many of your questions. I'll caveat that with each situation is unique and you should get guidance from the law dogs and the licensing department.

    MEMORANDUM State of Alaska
    Department of Law


    TO: Kevin Duffy, Commissioner DATE: March 6, 2007
    Alaska Department of Fish and Game
    FILE NO.: 661-03-0585

    TEL. NO.: 269-5241

    SUBJECT: Alaska Residency Status of Transferred Military Personnel for Hunting & Fishing Licenses
    FROM: Lance B. Nelson
    Assistant Attorney General
    Natural Resources Section - Anchorage

    I. Question:

    You have asked whether a member of the military who has established Alaska residency and is then transferred to a military assignment in another state loses his Alaska residency by obtaining a “resident” hunting or fishing license in the other state that is especially provided to members of the military without their meeting the general residency requirements for non-military people.

    II. Short Answer:

    While this issue has not been addressed by the courts in Alaska, it is our opinion that the answer will probably depend on the nature of the license obtained in the other state. If qualification for the other state’s license is based on a claim of residency in that state by the member of the military, then obtaining such a license would disqualify that person as an Alaska resident. But if the license is one given to all members of the military as an exception to the general residency requirements for civilians, Alaska courts might find that a benefit obtained under a “claim of residency” in the new state would not terminate the person’s Alaska residency. We recommend consultation with the Department of Law on a case-by-case basis to evaluate the law of the particular state in question.

    III. Discussion:

    Military personnel who are transferred to Alaska can obtain “resident” hunting and fishing licenses in two different ways. They can qualify as any other person who moves to Alaska by maintaining their domicile in the state for the preceding 12 consecutive months and not claiming residency, or obtain benefits of residency, in another state. AS 16.05.940(26)(A). This type of residency is indefinite and may be permanent if the qualifications continue to be met. In the alternative, military personnel may receive a “resident” license merely by being stationed in Alaska for 12 consecutive months without any intent to make Alaska their domicile, and in spite of their claiming domicile in another state. AS 16.05.940(26)(C). This type of residency is temporary and expires immediately upon a transfer to another state.

    The question you pose addresses only the circumstances of the military person who qualifies for the first kind of permanent residency. Once this kind of residency is established, it can be maintained even if the person is absent from the state, as long as certain conditions are met:

    (a) In AS 16.05.330 – 16.05.430, a person, except as provided in (c) – (f) of this section, is a resident if the person
    (1) is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state;
    (2) has maintained the person’s domicile in the state for the 12 consecutive months immediately preceding the application for a license;
    (3) is not claiming residency in another state, territory, or country; and
    (4) is not obtaining benefits under a claim of residency in another state, territory, or country.
    (b) A person who establishes residency in the state under (a) of this section 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 (a) of this section.

    AS 16.05.415(a)-(b). For the purposes of this opinion, we presume that the person, after being transferred from Alaska to a new state, has continued to maintain a domicile in Alaska by declaring Alaska as his state of domicile under military laws and regulations and has not claimed residency or obtained a benefit of residency in the new state, unless obtaining a special military resident license in the new state is deemed to be a claim of residency or a benefit of residency.

    Just as Alaska allows military personnel to obtain special “resident” licenses without establishment of domicile here, many states make special provisions for military personnel stationed there to obtain a “resident” license for the duration of their military assignment without meeting the general residency qualifications otherwise required of civilians.

    Depending on the exact nature of, and the requirements for obtaining, the special military “resident” license, a reasonable argument might be made that it does not amount to a claim of residency or a benefit obtained under a claim of residency because the license is a benefit extended on the basis of military status rather than state residency. The so-called “residency” status granted military personnel is different from general residency status requirements that must be met by the general public, and seems to contemplate that the person will not be giving up residency in the former state or declaring domicile in the new state. It could be argued that military personnel that take advantage of this offer are not really claiming residency or obtaining benefits under a claim of residency in the new state, but only claiming the benefits of their military status by taking advantage of a special military exception to the residency requirements in the new state.

    On the other hand, Since the person would be obtaining a “resident” license with all the hunting and fishing benefits a “resident” receives, at least for the duration of their stay in that state, a reasonable argument could be made that the person is “claiming residency” or “obtaining benefits under a claim of residency in another state,” and is thus disqualified from Alaska residency under AS 16.05.415(a)-(b) and AS 16.05.940(26).

    While it is not clear that a court would find the military resident’s interpretation the better one, it is possible that a court would find it a reasonable one. If a statute can reasonably be interpreted in more than one way, then it is considered ambiguous. A basic canon of statutory construction applied by the courts directs that, in a criminal prosecution, any ambiguities will be resolved in favor of the accused. State v. Hazelwood, 956 P.2d 875, 886 (Alaska 1997). Given this rule, prosecutions of members of the military for violation of Alaska’s fish and game residency requirements in cases where the person returns to Alaska to hunt of fish as a resident after obtaining a special military “resident” license in another state may prove to be problematic for the state.

    IV. Conclusion and Recommendation:

    We believe that a court may well find that obtaining a special military “resident” license in a particular state does not amount to a claim of residency or obtaining a benefit under a claim of residency. In such cases, members of the military would not be legally deemed to have forfeited their status as an Alaska resident. We recommend that, before charges are filed against anyone in this situation, the conditions and laws under which the license in the new state were obtained be thoroughly researched. If the new state’s laws grant a special privilege to members of the military as an exception to the general residency requirements, then charges should not be filed without prior consultation with the Department of Law.

    We do believe that in order to carry Alaska residency with them to a new state, members of the military would have to have qualified under the general residency requirements of AS 16.05.940(26)(A) and AS 16.05.415(a)-(b) and not just under the special military residency provisions in AS 16.05.940(C) and AS 16.05.415(c). The provisions of AS 16.05.415(b) that allow someone to keep Alaska residency despite absences expressly applies only to those who qualify under the general residency requirements in AS 16.05.415(a). Certainly, the legislature did not intend a soldier who qualifies for a resident hunting or fishing license only because of being stationed in Alaska and who can still claim some other state as domicile while in Alaska to continue to carry this special Alaska residency after a transfer from the state.

    cc: Major James E. Cockrell, Acting Director, Division of Fish and Wildlife Protection
    Susan A. Parkes, Deputy Attorney General, Criminal Division, Department of Law

  20. #20
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    Default the answers

    the answers are in the hunting regulations. you have to be in state for 12 consecutive months, with intent on making alaska your permanent home. i just moved here from wisconsin, and it pissed me off, but it's the law, so i'll just wait patiently.

    in wisconsin, military members stationed in the state immediately received resident rates (at least used to). alaska does have special rates for military members that are non-residents, which is nice for us.

    question #1- if a person only stays in alaska during their work season, they really are transient workers, and not residents (permanent domicile?)

    question #2- if they're not living here, they're not living here.

    question #3- i'm guessing they just don't know exactly how to handle it yet

    question #4- i say we need look no further than the fish & game's own publications, because this information is in there, and it's clear.

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