Cali,
It makes sense for the feds to control ES and migratory waterfowl.
In the case of ES, it would be an undue burden on the various state Governments to have to fund and deal with ES management.
Same with Migratory waterfowl, for obvious reasons dealing with nesting issues, flyway issues, season structures, etc. it makes more sense to manage under one roof than for each state to manage on their own. In particular when ducks and geese nest in Northern states and eventually end up in Southern States.
It would be tough to require MT, the Dakotas, etc. to provide nesting habitat for most species of ducks when there is very little if any hunting opportunity for some species. But, if the Feds manage it, and fund it, the ducks are managed in Montana, the Dakotas, etc. Again, it would be an undue burden on the Northern States that produce most of the waterfowl.
It makes perfect sense.
I also think I've been more than clear regarding the States right to manage as they fit. I dont think that non-resident hunters, etc. should be excluded from the right to address, comment, etc. on any wildlife issues they want in any state. The problem is, the States do have the ultimate say in regards to species, other than those controlled by the feds, to do what they want. Doesnt mean that NR hunters are not allowed to comment or lobby the various states for their particular interest.
Federal land management does not have anything to do with how the States management of game. Doesnt matter if the animals are on private land or public land. The feds simply dont have the authority to manage game even on federal land, thats been decided by law.
Maybe you missed this:
1st Session
S. 339
To reaffirm the authority of States to regulate certain hunting and fishing activities.
IN THE SENATE OF THE UNITED STATES
February 9, 2005
Mr. REID (for himself, Mr. BAUCUS, Mr. STEVENS, Mr. NELSON of Nebraska, and Mr. ENSIGN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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A BILL
To reaffirm the authority of States to regulate certain hunting and fishing activities.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005'.
SEC. 2. DECLARATION OF POLICY AND CONSTRUCTION OF CONGRESSIONAL SILENCE.
(a) In General- It is the policy of Congress that it is in the public interest for each State to continue to regulate the taking for any purpose of fish and wildlife within its boundaries, including by means of laws or regulations that differentiate between residents and nonresidents of such State with respect to the availability of licenses or permits for taking of particular species of fish or wildlife, the kind and numbers of fish and wildlife that may be taken, or the fees charged in connection with issuance of licenses or permits for hunting or fishing.
(b) Construction of Congressional Silence- Silence on the part of Congress shall not be construed to impose any barrier under clause 3 of Section 8 of Article I of the Constitution (commonly referred to as the `commerce clause') to the regulation of hunting or fishing by a State or Indian tribe.
SEC. 3. LIMITATIONS.
Nothing in this Act shall be construed--
(1) to limit the applicability or effect of any Federal law related to the protection or management of fish or wildlife or to the regulation of commerce;
(2) to limit the authority of the United States to prohibit hunting or fishing on any portion of the lands owned by the United States; or
(3) to abrogate, abridge, affect, modify, supersede or alter any treaty-reserved right or other right of any Indian tribe as recognized by any other means, including, but not limited to, agreements with the United States, Executive Orders, statutes, and judicial decrees, and by Federal law
I just spent a week with him in WA, visiting bull trout sites, dams and fish ladders, etc.
