Preemption of State Wildlife Law in Alaska: Where, When, and Why

Preemption is the constitutional doctrine which holds that when federal law and state law conflict, federal law must be followed, and state law must yield.In Alaska, the wildlife law known as the Intensive Management statute is in conflict with federal laws governing national park lands and the management of wildlife on those lands.Preemption requires the State of Alaska to refrain from implementing the Intensive Management statute on national park lands because of the conflict with federal laws.This Article describes the relevant state and federal laws, the preemption doctrine, and the doctrine's application to wildlife management in Alaska.It concludes by stating that Alaska has every right to manage wildlife as it sees fit but must always yield in cases where its laws are preempted by the laws of the United States.