Counter point: If I'm a beneficiary of a trust, and I am putting more resources into it, do I not deserve some increased share as my input is outsized relative to the input of someone who only puts in a minimal amount?
The courts would say, "No." The courts would bifurcate the standing of said person into two different standings in their relationship with the Trust/Trustee - 1) Beneficiary by mere fact of being a citizen, and 2) Stakeholder, by the fact that the person is providing value to the Trust that the Trustee must consider in their management of the Trust.
There's little argument about the equal standing of all beneficiaries. If you're a citizen, hunter or not, you are a Beneficiary with equal standing to all other Beneficiaries. That's the easy one for Trustees to navigate, or it should be the easy one.
The second standing, a Stakeholder, is the standing most likely to create some questionable topics if things do get off the rails. A Stakeholder, who can also be a Beneficiary, is someone the Trustee should transact with based on what value the Stakeholder brings to the Trust.
Very often this Stakeholder is a landowner who provides habitat for wildlife. And among those landowners there are two categories, which should not cloud how the Trustee interacts with them; 1) resident landowners who are both Stakeholders and Beneficiaries, and 2) non-resident landowners are only Stakeholders.
The point of focus for a Trustee is how a Trustee should operate with Stakeholders, a group that has no standing in Trust law or concepts, other than what value they can provide the Trust/Trustee with what assets the Stakeholder brings to the table. When doing transactions with the Trust, the Trustee should view this person as any other vendor or customer, even if they are a Beneficiary in other scenarios. If they view it that way, the same as they would if entering into a contract with a vendor or customer, odds are they will make a decision that is best for the Trust.
I've found this example illustrates it best, as to how a Trustee should interact with a Stakeholder.
Example 1 - A resident landowner comes to the Trustee with a great opportunity. He owns 500,000 acres of prime elk habitat. He is willing to let 20 residents hunt bull elk and 50 residents hunt cow elk, if he could get one non-transferable bull tag for the limited entry unit his land is located in. Even though the landowner is a resident and therefore a Beneficiary and a Stakeholder, the Trustee must look at this person in their standing as a Stakeholder, not a Beneficiary.
Most would say the Trustee is required to enter into that transaction with the landowner. Immense value comes to the Trust (access for 70 elk hunters) for very little cost to the Trust (one bull tag). The landowners is making this offer as a Stakeholder who is bringing value to the Trust beyond what he/she is asking from the Trust. That makes it an easier decision for the Trustee.
Example 2 - Some might say this scenario already exists in some states. A neighboring resident landowner (both a Beneficiary and a Stakeholder) comes to the Trustee with a proposal. They own 500,000 acres of prime elk habitat. He wants 20 transferable bull elk tags he can sell, with his hunters having any season dates they want from September 1-October 15. In exchange, he is willing to open his ranch to 1 public bull elk hunter who can come in after his hunters, so after October 15. He will also let in 5 cow elk hunters come in November. He is not willing to open his ranch to any other hunting for any other reason.
Most would question if this is a good transaction for the Trust and its Beneficiaries. The landowner might be a Beneficiary, but in this scenario, the Trustee has to look at the landowner as a Stakeholder. Is the Stakeholder offering value to the Trust that is equal to, or greater than, the value they are asking from the Trust. If the Trustee measures those values and concludes it is equal or greater value, then they should enter into the transaction. If they can't measure that value, or it is measured and is less value, then they shouldn't.
I used the landowner scenario, as landowners provide a great amount of habitat to the Trust asset (wildlife) and thus Trustees have to consider that in properly managing Trust assets. That scenario is the hardest one to navigate, given the balancing and measuring of what value the landowner is providing to the Trust assets (wildlife), versus what is given to the landowner which comes at the expense of opportunity that could be provided to the other Beneficiaries. My examples make it easy to see differences that are on opposite ends of the spectrum. Most real life examples fall in between my scenarios and make it harder to value the net benefit/cost to the Trust.
When we get to outfitter pools, things get a lot harder to justify for the Trustees. Or when a state gives away dozens of Commissioners tags, many to organizations lacking connection to the wildlife (Trust asset). Or when states give away hundreds of tags to keep a couple non-profit groups solvent. Or when (insert any of the controversial programs here).
States have variations of these types of deals. When Trustees make the best decisions for the Trust and the Beneficiaries, it is when they do a good job of distinguishing the difference between Beneficiaries and Stakeholders. By doing so, it gets easier to see what the net benefit is to the Trust/Trustees.