SB339 passes in Senate!!

[Washington Hunter]

Tom,

Like I said, you can hunt elk here in Washington if you want. OTC tags with no quota. Come on up and hunt elk on all the federal land you desire. Or you could hunt closer to home, in Colorado, since they do allow up to 40% non-residents. Then there's Idaho with OTC tags and plenty of federal land for you to hunt. Montana is another possibility, you have to draw a tag but it shouldn't take more than a couple years of trying. So you think with this new law everything is going to change? Why?

 

[Tom]

Congressional silence, what's that? Congress can't touch the state, no matter what they do, that's something new.

Here's the text:
****************************
HR 731 IH


109th CONGRESS

1st Session

H. R. 731
To reaffirm the authority of States to regulate certain hunting and fishing activities.


IN THE HOUSE OF REPRESENTATIVES

February 9, 2005
Mr. UDALL of Colorado (for himself and Mr. OTTER) introduced the following bill; which was referred to the Committee on Resources



--------------------------------------------------------------------------------


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 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 non-residents 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.

 

[Washington Hunter]

So are you now supporting the bill Tom?

 

[Tom]

No, I don't want to add, "congressional silence". What's that? It sounds bad, people in the US not subject to the US congress? Sounds bad to me.

Why should I like "congressional silence"?

 

[Washington Hunter]

Tom that term means nothing. All the bill is doing is giving states the authority to regulate hunting within that state as they always have.

 

[Tom]

Are you saying we don't need the bill now? Its nothing we already don't have, a worthless bill?

 

[ringer]

We do need the bill because the 9th circus court ruled based upon an obscure commerce clause and changed the ability of the states to manage game. The ruling had nothing to do with hunting or game management and everything to do with money. The bill just rights that wrong. It does not grant new powers to the states.

 

[JoseCuervo]

We do need the bill because the 9th circus court ruled based upon an obscure commerce clause and changed the ability of the states to manage game. The ruling had nothing to do with hunting or game management and everything to do with money. The bill just rights that wrong. It does not grant new powers to the states.

When did we decide the Constitution was "obscure"???

 

[Washington Hunter]

Jose, when did we decide hunting is commerce? When you go elk hunting in Arizona, are you going so you can kill an elk and sell it for a profit?

 

[JoseCuervo]

Hunting is all about commerce. Ringer is the first to rail against saving the Speckle Bellied Flying Tortitise Toad because nobody cares about them and they drive no economy. If we are going to exploit game animals, we might as well allow the selling of the parts. Look at people selling trophy heads... Are you going to deny me the right to sell my 407 Bull from AZ to pay the rent at the Double Wide?

 

[FAIRCHASEBEN]

Are you saying we don't need the bill now? Its nothing we already don't have, a worthless bill?

Tom ,
I could explain this to my dog and he'd understand faster than you have !
You are a victim of the USO propaganda campaign to convince non-residents that they're being discriminated against , if you've sent BoyGeorge $1 for his cause I hope he sent you back some vaseline . USO does not want you to draw a tag in any state unless you apply through their service and hire their guides . BoyGeorge is taking you and alot of other good people to the bank with his scare tactics , please , if you want to throw money away go to the save the bunny site , it's at least screwing you with the lights on .

 

[Tom]

Thanks, Ben, that's real fair sounding advice. Forget the constitution, forget interstate commerce, forget the US, forget the purpose of the federal lands. Forget the courts and forget congress, that's next. Real American's at work there, eh?

That's what I should like about this bill? No way, I don't like the bill.

WH, there's a lot of commerce that occurs when 2 million hunters and 12 million fishermen go out of state each year. Gas, food, lodging, equiptment purchases, etc. Even Teddy Roosevelt knew that 100 years ago. I think they probably knew it before that even. He tried to save the game for all the people of the US. The constitution was before that.

 

[Washington Hunter]

Tom, Teddy Roosevelt was against market hunting. People no longer hunt in order to sell the meat for a profit. Therefore, hunting is not "commerce." So what if hunters spend money on gas, motels, food, etc. That is a recreational expense. It is not a business expense. If hunters were going out of state to hunt in order to make money, there would be a hell of a lot of bankrupt hunters out there.

 

[AZ402]

I can't tell if Tom is just playing the antagonist here or what. If he isn't, he is blowing me away with his ignorance. Even when I don't agree with Gunner,Buzz or IT at least they are intelligent (most of the time).

 

[JoseCuervo]

Tom, Teddy Roosevelt was against market hunting. People no longer hunt in order to sell the meat for a profit. Therefore, hunting is not "commerce." So what if hunters spend money on gas, motels, food, etc. That is a recreational expense. It is not a business expense. If hunters were going out of state to hunt in order to make money, there would be a hell of a lot of bankrupt hunters out there.

WH,
Do you really think guys aren't hunting to "sell the meat for profit"? Remember that guy who joined (maybe JoeRAC or something)? He was some 18 year old kid that was carefully mentioning every product he used when hunting in order to try and satisfy sponsors or get more sponsors. Haven't you seen guys who take pictures of a nice Bull with their Leupold Scope prominently displayed next to their Gerber Knife, Knight and Hale Muzzleloader, and Kotex Tampons?

 

[Tom]

My understanding of the interstate commerce clause is that a state can't do things to prevent interstate commerce.

Like, Idaho can't tax Washington potato sellers out of business, so everybody in Idaho only buys Idaho potatos. So, if a state prevents out of state hunters from coming, they prevent interstate commerce. Its part of the union, all the states are in the union.

I think he was against market hunting to stop people from killing all the animals. They were about to dissappear, so they made some laws to conserve them.

We still have market hunting here, e.g. exotic meats for restaurants. Its controlled though, good game management is used. I mention it just as an asside comment.

 

[Washington Hunter]

Oh well, the bill is going to pass (or has passed) so there's no point in discussing it anymore. Taulman lost in the end and that's all that matters. hump

 

[AZ402]

Wh, were not out of the woods yet. Keep your fingers crossed and hopefully the states will regain their rights.

 

[Washington Hunter]

AZ402, any idea when we will know for sure?

 

[AZ402]

Not sure? Sooner the better for AZ. Maybe the AZGFD could implement a non-res quota for this upcoming draw? I usually get emails when something happens.