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NR Quota on Federal Land

Bullshot

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In light of recent nuclear meltdowns regarding WY 90/10 or MT set asides, etc, I have one question I just can't ever seem to get my head around and would like INFORMED people to provide some insight and references and then hope the powers that be will lock the thread if it exceeds 1 page after having been answered. Ok, here goes.

First, let's put aside private and state owned land for a minute as my question does not apply there.

Next I FULLY understand that it has been determined that states own their wildlife.

I concede that the State has the right to charge whatever they want to take an animal and to choose the types of methods that are allowed and to provide licenses acknowledging that.

But...I cannot keep my mind from drifting to the issue of Federal lands owned by all and how hunting seems to be the only legal recreational activity on Federal land that is OK to provide quotas depending on your residency (I could be wrong, please provide examples). This creates a bit of a paradox. One wonders if hunting on federal land, as an activity, should be open to all equally in regards to the chance of obtaining a licence. But upon taking an animal you may be subject to whatever the state wishes to charge (i.e., using the State's pricing power, which is not in dispute, to influence behaviors). Most people hate this as much as quotas, as it may exclude as others have said, the "common man." I share that worry, but it is not the State's obligation to share that worry as well. However, I struggle for consistency as to why camping, or hiking, or canoeing, or wildlife photography or birdwatching, etc. are not subject to quota efforts. Some of those latter activities are focused on and reliant on State-owned wildlife. Quotas on non-consumptive uses (and traffic, competition, etc) could arguably improve the enjoyment of those activities by residents. But quotas would seem ridiculous, un-American on their face. That said, does the state's ownership of wildlife REQUIRE that the act of hunting is only equivalent to the right to kill? Or does it only give the state the right to herd up the animals as livestock if they wish, or protect them, or sell them at whatever price they want (including to hunters). Please read, and re-read this post before answering this nuanced question... summarized as: does ownership of the animal allow preferential quotas of an activity by residency on federal land.
 
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I think there are work arounds. For example withhold funding if res/NR ratios arent followed when issuing licences.
 
does ownership of the animal allow preferential quotas of an activity by residency on federal land.
How I believe it is interpreted, the answer is Yes if that activity is hunting/taking the animal. You want to take pictures, no problem. The “management” of the animal is a states issue and revolves around the taking of the animal and lowering numbers.
 
Watch the latest issue of Elk Talk Live for Randy's response to the same question.
 
How I believe it is interpreted, the answer is Yes if that activity is hunting/taking the animal. You want to take pictures, no problem. The “management” of the animal is a states issue and revolves around the taking of the animal and lowering numbers.
Understood that is the currently held interpretation but the management of the herd and lowering of numbers in no way seems firmly linked to who does the lowering. Quotas for that seem solely a human interest, at least on federal land. A dead elk is a dead elk no matter who pulls the trigger.
 
Understood that is the currently held interpretation but the management of the herd and lowering of numbers in no way seems firmly linked to who does the lowering. Quotas for that seem solely a human interest, at least on federal land. A dead elk is a dead elk no matter who pulls the trigger.
Because wildlife is managed by the state, so it is the resident’s of that state elk. Hence the preference In tag numbers on R vs NR. The exception is migratory bird like waterfowl. States are not allowed to set rules on those.
 
RWC101 thanks for posting that (I was beginning watching the wrong episode to find it!) I think Randy's explanation is spot-on regarding wildlife ownership. But maybe I'll spin the question further. The State is not entitled to hunt those animals wherever they see fit. National Parks, millitary installations, etc. Or private land... State can't just send shooters to claim "their" wildlife.

By same token, if the activity (hunting) and the animal (State owned) are conceptually decoupled, then any hunting as an activity should have to meet non-discriminatory policies and any other access limitations of the landowner, in this case the national public. Implication being... what are the consequences of excluding the majority of the landowners from participating on equal footing. what if in the future there are no (or far fewer) non-resident hunters speaking up for hunting privileges on National forests. This goes way beyond support for RMEF or habitat enhancement initiatives. Have you been paying attention to the AOC’s of the world? The leanings of the vice president (future president?)? Do we have a national gun control czar yet… they promised we would? And many others in leadership who, along with their constituents not only don’t support us but often seem to hate us and what hunters represent (clinging to guns and God or whatever). What if hunting as an activity is no longer supported politically on Federal lands, under federal law, since residents of 49 out of 50 states derive what they feel is little benefit and the anti-hunting crowd capitalizes on that apathy. The State would still own the animals, but I don't think the State could force the feds to allow only their residents to hunt. I am not advocating for this future... but my mind drifts to where this is all going -in the long term - if NR are shut out beyond some as yet to be determined tipping point.
 
RWC101 thanks for posting that (I was beginning watching the wrong episode to find it!) I think Randy's explanation is spot-on regarding wildlife ownership. But maybe I'll spin the question further. The State is not entitled to hunt those animals wherever they see fit. National Parks, millitary installations, etc. Or private land... State can't just send shooters to claim "their" wildlife.

By same token, if the activity (hunting) and the animal (State owned) are conceptually decoupled, then any hunting as an activity should have to meet non-discriminatory policies and any other access limitations of the landowner, in this case the national public. Implication being... what are the consequences of excluding the majority of the landowners from participating on equal footing. what if in the future there are no (or far fewer) non-resident hunters speaking up for hunting privileges on National forests. This goes way beyond support for RMEF or habitat enhancement initiatives. Have you been paying attention to the AOC’s of the world? The leanings of the vice president (future president?)? Do we have a national gun control czar yet… they promised we would? And many others in leadership who, along with their constituents not only don’t support us but often seem to hate us and what hunters represent (clinging to guns and God or whatever). What if hunting as an activity is no longer supported politically on Federal lands, under federal law, since residents of 49 out of 50 states derive what they feel is little benefit and the anti-hunting crowd capitalizes on that apathy. The State would still own the animals, but I don't think the State could force the feds to allow only their residents to hunt. I am not advocating for this future... but my mind drifts to where this is all going -in the long term - if NR are shut out beyond some as yet to be determined tipping point.

No offense, but you're way overthinking this. Better to overthink than underthink, imo. In regard to National Parks, military installations, etc. the state controls management of the wildlife in that area. The Feds control whether hunting can occur on said property.
 
The Feds could step in and demand they distribute the permits just like private landowners do in several states but you can thank Harry Reid and GW Bush for making sure that will never happen.

Yea, they did, though they didn't need to. That pesky Constitution and its 10th Amendment gets in the damn way again.

I will say that the Baldwin v. Montana case, where the US Supreme Court held MT could charge outrageous non-resident fees, could be getting closer to being back in play. Here is why I think that.

That case was decided based on the premise that hunting is not an economic pursuit and therefore the Equal Protection and Commerce Clauses did not apply. Well, that case was in 1978 and maybe non-resident elk hunting was not an economic pursuit at that time. Over four decades later, I suspect that logic of not being an economic pursuit would be on much weaker ground.
 
The State would still own the animals, but I don't think the State could force the feds to allow only their residents to hunt. I am not advocating for this future... but my mind drifts to where this is all going -in the long term - if NR are shut out beyond some as yet to be determined tipping point.
That is correct. The Feds could close all their lands to hunting, if they so desired. They have set dates where deer hunting is allowed on some Federal lands, which are periods different (shorter) than the statewide seasons on surrounding lands. They close areas due to national security concerns. They close lands on refuges to protect wildlife. Like any landowner, they hold that power to do so.

Not gonna lose any sleep over that one. If that becomes an effort because of some "tipping point," good luck to those feeling tipped.
 
Yea, they did, though they didn't need to. That pesky Constitution and its 10th Amendment gets in the damn way again.

I will say that the Baldwin v. Montana case, where the US Supreme Court held MT could charge outrageous non-resident fees, could be getting closer to being back in play. Here is why I think that.

That case was decided based on the premise that hunting is not an economic pursuit and therefore the Equal Protection and Commerce Clauses did not apply. Well, that case was in 1978 and maybe non-resident elk hunting was not an economic pursuit at that time. Over four decades later, I suspect that logic of not being an economic pursuit would be on much weaker ground.
I'd say we are way beyond wondering if hunting is an economic pursuit and would bet that all of the states in multiple places have published extensive regulations, budgets and economic rationales for their policies. Suppose these would one day be Exhibit A. By the way thanks for all you do.
 
I think there are work arounds. For example withhold funding if res/NR ratios arent followed when issuing licences.
Violation of the law...

Good luck getting around s.339

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,
Mr. Ensign, Mr. Enzi, Mr. Crapo, Mr. Hatch, Mr. Conrad, Mr. Salazar,
Mr. Craig, Mr. Bingaman, Mr. Thomas, and Mr. Kyl) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary

April 21, 2005

Reported by Mr. Specter, without amendment

_______________________________________________________________________

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.

SEC. 4. STATE DEFINED.

For purposes of this Act, the term ``State'' includes the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Virgin Islands, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
 
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Have you been paying attention to the AOC’s of the world? The leanings of the vice president (future president?)?
You went political on this. But have you been paying attention to bills submitted in WY that requests all Fed land get transferred to the state or similar laws in UT already passed? I think AOC is more worried about minimum wage than whether or not to allow hunting in national forest.
 

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