Manning

This case requires us to determine whether Arizona’s 10% cap on nonresident hunting of bull elk throughout the state and of antlered deer north of the Colorado River substantially affects commerce such that the dormant Commerce Clause applies to the regulation. We hold that it does. We further hold that the regulation discriminates against interstate commerce, but that Arizona has legitimate interests in conserving its population of game and maintaining recreational opportunities for its citizens. We remand for further proceedings to determine whether Arizona has met its burden of showing that these interests could not be served adequately by reasonable nondiscriminatory alternatives.

I.

BACKGROUND

Arizona is home to what is considered by many hunters to be some of the best deer and elk hunting in the world, exemplified by the world record animals harvested from its lands. The part of Arizona north of the Colorado River, called the “north Kaibab” and “Arizona strip,” is a particularly scenic area known for its trophy elk *989 and deer populations and is accordingly a location favored by hunters.

The quality of the hunting in Arizona is in large part a result of the…