July 15, 2004
Court ruling will affect fall draw for elk and deer
A decision by a federal judge will affect impending fall hunt draw results for Arizona's elk and deer hunters.
U.S. District Judge Robert Broomfield, in a ruling issued July 13 in the case of Montoya vs. Shroufe, declared Arizona's 10 percent cap on nonresident hunt-permit tags unconstitutional. Broomfield also ordered the state to refrain from enforcing the cap.
Because the cap plays a role in the drawing system used to determine which hunters will receive a permit to hunt bull elk and antlered deer north of the Colorado River, the judge's ruling forces the Game and Fish Commission to find a method to distribute this year's fall hunt permits in a way that won't discriminate against out-of-state hunters.
The commission will consider its options in a special telephone meeting to be held Friday, July 16, noon, at the Wildlife Building on the Arizona State Fairgrounds. At the meeting, the commission will be briefed on the options and is expected to vote to direct the department how to proceed. The Wildlife Building is located at 1826 W. McDowell Rd.; members of the public who wish to attend the meeting are advised to avoid construction by entering the gate at 19th Avenue and Encanto.
Hunters applying for permits to hunt bighorn sheep, buffalo, antelope, turkey and javelina are not affected by this ruling.
Montoya vs. Shroufe began in 2000, when Lawrence Montoya, a self-described professional hunter from New Mexico who also runs a guide service, sued the Game and Fish Department claiming that Commission Rule 12-4-114E, which established the 10 percent cap on nonresident hunt permits, violated the Commerce Clause of the U.S. Constitution.
In yesterday's ruling, Judge Broomfield agreed and ordered the department to immediately stop using or enforcing the 10 percent cap.
The department will keep hunters informed by posting news about the fall draw on its Web site, azgfd.com.
:cry: Back when I lived in Tucson, and hunted everywhere from Pumpkin Center to Nogales, this would have caused me some concern. Now, it'll be interesting to see how this plays out...
