Potential Threat to State Game Agencies.
In July of 2004 the 9th Circuit Appeals Court issued a ruling that declared unconstitutional an Arizona Game and Fish Commission regulation that limited non-resident applications for draw hunts to 10% of the total number of permits being issued. Further, the court ordered The Arizona Game and Fish Commission to immediately implement changes to its regulations to end that practice.
I am of the opinion that hunting and fishing regulations can not be adequately handled at the Federal level and sportsmen and women are better served when matters pertaining to hunting and fishing are handled at the state level. Most state game agencies are governed by a board of commissioners who are either elected or appointed to serve the sportsmans interest in that state. Most of the time, the district commissioners must answer to the sportsmen in their district through public meetings. For a Federal Court to step in and force any change in regulation is a direct side step of the democratic process used to create the regulations in the first place.
With the rising elk population in Kentucky, and the probability that Kentuckys elk permit numbers will reach over 1000 per year in the near future, you can bet that Kentucky will be a target of such a lawsuit and ruling. Any other state that has limited numbers of non-resident game permits are also affected. Some states which limit non-resident black bear or elk are definitely included in this potential problem.
I understand the desire to go to another state in order to hunt game which your own home state may not have, however, I also understand that to be able to hunt on someone elses land is a privilege and not a right. I can not show up at your farm and announce that I am going to hunt there without you give me permission to do so, and in my opinion, going to the court system to obtain rights to hunt your property is so far out of line that it is ridiculous. I think we all have to realize that the sportsmens interest in any state should, rightfully, come before the interests of non-residents and especially interests of those who stand to profit from hunting trips such as guides or outfitters who were the plaintiff parties in this particular law suit.
That said, there has been a bill introduced into the U S Senate by Senator Harry Reid of Nevada that is intended to block the court systems from interfering with State Fish and Game agency regulations. This bill, known as Senate Bill 2978 will in my opinion help keep control over game law and regulation where it belongs, and that is with the state game and fish agencies and not with the Federal Courts.
I suggest that you write your Senator and Congressman and inform them of your desire to see this bill passed through the United States Congress. I have written Kentuckys two Senators and Congressman Harold Rogers concerning my support of this bill, and encourage you to do likewise.
Skip Walden
Skips Outdoors
Corbin, KY
