ADF&G, DNR connection?!?

   All of this information is relevant, so please consider reading the entire page. My husband and I started our journey to Alaska in 2001. We became so tired of the major rip-off forced on us as tax payers in Sedalia, MO, that we began to look at becoming Alaska residents in 2004. We bought an acre of land in Nikiski, Alaska and began the building process. HA! We had no idea it is hard to find contractors in Nikiski, AK. They are sometimes booked for an entire year in advance!

        However, we made the decision to move in 2004. We still own a house in Sedalia, MO., but are trying  to sell things off a little at a time. It's a process. We vote Alaskan. We pay property tax in Alaska. All of our vehicles are licensed in Alaska. We have been paying electric and telephone bills monthly, for almost 3 years. We have a septic system, electric, a well, and telephone now. It took us 3 years to get that done! Oh, and a gravel pad for the cabin that will be built in May of 2007.

        We volunteered for the Alaska State Parks, under Division of Natural Resources, in 2002 and 2003. We were Campground Hosts at Discovery Campground in Captain Cook State Recreational Area, in Nikiski, Alaska. Although we no longer volunteered for the Parks, we were invited to most the functions or parties up until this year. This past year, everything changed.

        We arrived in Alaska the 1st part of April. We stayed in Anchorage because there was 4 feet of snow on our property in Nikiski. We got it plowed and parked our rig and jumped right into working on our cabin, landscape, etc.. On May 22,2006, I get an email from Ranger I, Don Barber. We don't know him personally. We  know him in passing over the years and from negative hearsay from other volunteers and ex-volunteers.

        Here is the email:

Hi Pam and Billy,
  I hope that things are going well for you. 
  There are some questions and concerns that I had in regards to your 
Alaskan residency.  It is my desire to get together with you (at a 
discreet and neutral location if you so desire) within the near future 
to discuss this issue.  I can be reached at 262-5581-extension #5 or 
via 
cell at 398-3520.  Thanks!
Don Barber-Ranger

Alaska State Parks

So... I called him. He said, "You haven't done anything wrong. This is no big deal. I just want to discuss residency with you.". I said,, "OK. You can come to our HOME and do that". The next day he shows up and my husband, myself and Don Barber sit at our picnic table and Don Barber begins reading the following to us:

My husband and I are looking at each other and wondering what this is all about. Don Barber then informs us that we do not meet the ADF&G residency requirement and writes each of us a $310.00 citation. WE WERE UNBELIEVABLY SHOCKED. Why?

#1.This happened at our PRIVATE RESIDENCE
#2. We did not purchase resident sport fishing licenses in 2001,2002,2003 or 2004. We only purchased resident fishing license after we maintained our domicile for 12 consecutive months as stated on the Alaska fishing license.
#3. We were not aware that a State Parker Ranger I had State Trooper law enforcement authority!

So......I told Don Barber to get the hell off of our property.That he and all the other State Park people, from that moment on, were not allowed on our property. I then began  researching ADF&G statutes and regulations, Peace officer info, and private property rights info,16 hours a day for 3 months. We signed our citations and pled not-guilty and mailed them in. This was on June 10th. We did not get a court date until August 14th!

Meanwhile, I'm researching. Come to find out all kinds of stuff. I write the following letter and send it to ADF&G Commissioner, DNR Commissioner, Alaska State Commission for Human Rights, the Attorney General, the Governor, Senator Wagoner, Senator Chenault, the U.S. Fish and Wildlife Service and the US Department of Justice. I also filed a formal complaint with the Alaska State Ombudsman's office.

The only response I received came the State Ombudsman's office and Sue Wright with Chenault's office. Denise Duff is a wonderful person. If it hadn't been for her efforts, I honestly think I would have sank. Sue Wright made a lot of promises that she did not keep. June and July brought me no closer to any answers. I contacted the Alaska Fish and Wildlife Commander, (Commander Arlo), and he said based on what I told him...we ARE ALASKA residents! We went and talked with LT. Bear( ADF&G), and he said we WERE ALASKA residents but NOT ACCORDING TO ADF&G statutes because ALL OF OUR FURNITURE IS NOT UP HERE YET!!!!

So......On with the fight. When I called and spoke with Jerry Lewanski, DNR Director, he told me, "Well, if the Ombudsman's office is investigating this...let them do it on their time!!!!!! Denise informed me that Don Barber secretly tape recorded this incident! Can you imagine?

I finally contacted Ed Fogels, DNR deputy Commissioner. By now, it's the 3rd week of July. I tell him everything, including Don Barber's statement at our place on how he considers himself the "STATE PARK RESIDENCY GURU" and "HOW HE ENJOYS "TARGETING" fellow employees, volunteers, ex-volunteers, and guides because their personal information is so easily accessible!!!!!!

Mr. Fogels gives me his word that he will look into the matter and that Don Barber's actions were not acceptable. Mr. Fogels also said that it is not DON BARBER'S JOB to do this. However, nothing was done to help us or to have the citation charge dismissed.

I find this while researching: Alaska is a 1 party state, which means anyone can record anyone else without informing them! However, that only works in public places. Don Barber needed a Glass warrant to record us at our private residence. I also find this:

April 10, 1998
Bulletin No. 19 Mackelwich v. State

Slip Op. No. 1564, Alaska App., December 19, 1997

Under certain circumstances, AS 16.05.180 authorizes peace officers to engage in warrantees searches when investigating fish and game violations. But AS 16.05.180 also provides that, before exercising this authority, the officer must prepare, and submit to the property owner, a signed written statement of the reason the search is being conducted. In Mackelwich v. State, the court held that this requirement of a written statement does not apply to searches that are justified by traditional exceptions to the warrant requirement. A written statement is required only for warrantees searches that depend on AS 16.05.180 for their justification.

AND THIS:Rule 8. Minor Offenses.

(4) When a person is charged with a minor offense, and the statute, regulation or ordinance provides that the citation will be dismissed upon providing proof to a law enforcement agency of compliance with the requirements of the statute, regulation, or ordinance, the court or municipality shall dismiss the citation upon notification from the agency.

I called LT. bear and asked him what if any bearing this had regarding our citations. He said, "It doesn't matter at all." I said, "are you telling me that even though statutes are in place for these kinds of actions, that no peace officer has to abide by them"? LT. Bear said, "Yes, that is what I'm telling you".

I gave up. I emailed Denise Duff and told here I felt like I had wasted my time and that they would win. Oh by the way. We went and talked with an attorney in May. It cost us $250.00 and he told us it would cost a total of $2500.00 for him to represent us. We told him no thanks, we couldn't afford it.

We went to court on August 14th, 2006. We were found guilty with extenuating circumstance and fined only $10.00. At least Don Barber got a slap in the face with that. We were hoping that Judge Anderson would say that the statute is ambiguous, which it is, and our citations would have automatically been dismissed. Oh well. So much for hoping.

I do have hopes that Denise Duff's report, when completed will also state that. There is proof of the many different interpretations of the ADF&G statutes and regulations. Especially when it comes to the published printed versions  verses several other venues of statute for the public. It really sets each and every Alaskan up for trouble. Here are 5 different interpretations. Three are written by ADF&G!

#! READ THIS. This is one way of wording by ADF&G.

#2

resident means (A) a person who for the 12 consecutive months immediately preceding the time when the assertion of residency is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country. (B) a partnership, association, joint stock company, trust, or corporation that has its main office or headquarters in the state; a natural person who does not otherwise qualify as a resident under this paragraph may not qualify as a resident by virtue of an interest in a partnership, association, joint stock company, trust, or corporation. (C) a member of the military service, or United States Coast Guard, who has been stationed in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; (D) a person who is the dependent of a resident member of the military service, or the United States Coast Guard, and who has lived in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; (E) an alien who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country.

domicile means the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away; domicile may be proved by presenting evidence acceptable to the boards of fisheries and game.

Anyone can obtain this info from: http://www.sf.adfg.state.ak.us/statewide/regulations/definitions.cfm

#3I can't post a copy of what the ADF&G Regulation Book states because it's copyrighted and I doubt they would give me permission to use it! But again, you can obtain the very different "phrasing of their regulation" at http://www.sf.adfg.state.ak.us/statewide/regulations/definitions.cfm

#4 The very 1st Samuel D. Adams memorandum at the beginning.

#5 Governor Murkoski's opinion.

AMBIGUOUS!!!!!!

And that's that!

We emptied our shed. Put a cot and sleeping bag and a pretty vase of flowers next to the cot, in the shed.

DNR HAS EITHER CLOSED OR PRIVATIZED ALL STATE PARK FACILITIES ON THE NORTH ROAD!!!!! Why? Let's compare.

        If you look at the big picture....You have Northroad and East End Road. Northroad doesn't have the tourist traps that the East End Road has. hence..no money...no parks. What a rip for NorthRoad economy.

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