Forkyfinder
Well-known member
- Joined
- Dec 13, 2023
- Messages
- 2,590
I’ll dig around and find it. I can’t remember if it was the USSC or Ninth Circuit. I sat in a room with then FWP director Jeff Hagener discussing the implications of it.
It wasn’t about federalizing wildlife. It was in reference to interstate commerce and the commerce clause of the USC, and if restrictions on NR licenses/tags violated the commerce clause.
I'd also add - congress passed law to make it abundantly clear in 2005 based on what was happening with USO, I assume.
"(Sec. 6036) Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005 - Expresses the policy of Congress that it is in the public interest for each State to continue regulating the taking for any purpose of fish and wildlife. Prohibits congressional silence from being construed as imposing a barrier under Section 8 of Article I of the Constitution (commonly referred to as the commerce clause) to such regulation by a State or Indian tribe."