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Originally Posted by DINK
Originally Posted by Whttail_in_MT
So what's going to be the basis of your lawsuit? Yes, the SCOTUS can rule differently than it did earlier. But you better have a rather compelling argument. Mostly I see references to previous rulings when reading why they ruled the way they did on a case. IMHO, stomping your feet and claiming unfairness due to land composition isn't going to cut it when the SCOTUS has ruled time and again that wildlife management is in the States' control, to include tag allocation and price.

The SCOTUS didn't seem too concerned about the average guy with a family in its Baldwin decision:

Does the distinction made by Montana between residents and nonresidents in establishing access to elk hunting threaten a basic right in a way that offends the Privileges and Immunities Clause? Merely to ask the question seems to provide the answer. We repeat much of what already has been said above: elk hunting by nonresidents in Montana is a recreation and a sport. In itself -- wholly apart from license fees -- it is costly and obviously available only to the wealthy nonresident or to the one so taken with the sport that he sacrifices other values in order to indulge in it and to enjoy what it offers. It is not a means to the nonresident's livelihood. The mastery of the animal and the trophy are the ends that are sought; appellants are not totally excluded from these. The elk supply, which has been entrusted to the care of the State by the people of Montana, is finite and must be carefully tended in order to be preserved.

Appellants' interest in sharing this limited resource on more equal terms with Montana residents simply does not fall within the purview of the Privileges and Immunities Clause. Equality in access to Montana elk is not basic to the maintenance or wellbeing of the Union. Appellants do not -- and cannot -- contend that they are deprived of a means of a livelihood by the system or of access to any part of the State to which they may seek to travel. We do not decide the full range of activities that are sufficiently basic to the livelihood of the Nation that the States may not interfere with a nonresident's participation therein without similarly interfering with a resident's participation. Whatever rights or activities may be "fundamental" under the Privileges and Immunities Clause, we are persuaded, and hold, that elk hunting by nonresidents in Montana is not one of them.


I think the argument will be that everyone that wants to hunt, in units made up of mostly federal land, have equal chance at drawing a tag. It will be a equal "right" held by everyone that wants to participate. The state will get to set the tag number but everyone will go into the same draw.

I also believe there will be a cap on what they can charge a non-resident. Charging non-residents 40x the amount of resident will not be held up.

Dink





You're just not very smart, are you?

That's what this all boils down to.


Originally Posted by captain seafire
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Originally Posted by DINK

I think the argument will be that everyone that wants to hunt, in units made up of mostly federal land, have equal chance at drawing a tag. It will be a equal "right" held by everyone that wants to participate. The state will get to set the tag number but everyone will go into the same draw.

I also believe there will be a cap on what they can charge a non-resident. Charging non-residents 40x the amount of resident will not be held up.

Dink






You are arguing apples/oranges. What you need to realize is that States are regulating State-owned game, not access to federal land. You have your right to access all the federal land you want, you just need to recognize the Game is regulated by the state. What can be more clear???


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The issues of resident, non-resident, & outfitter licenses has been argued on many forums. I'm an old guy & for many years hunted many Western states, especially Montana. Some hunts were guided, a few were drop camps or semi-guided, & many were DIY. Where ever the hunt & type of hunt I was respectful to the locals & I met some very nice people. Totally different from many of the liberal Winnies in my area. Tags out West were abundant & reasonably priced in the 70's & 80's. Outfitted hunts grew in popularity & squeezed out or competed with many of the locals from some of their favorite areas. Obviously, this created animosity with the locals some of which began to resent out of state hunters. The state game commissions began to raise out of state license fees to pay for most of their operating costs. Despite the costs non residents snapped up licenses & flocked to Western states, especially Montana & Colorado. Montana raised their non resident license fees to a ridiculous price & they still sold out. I remember reading where a Montana G & F official bragged that they would increase license fees until non resident sales declined. I wrote a letter to Montana F & G officials advising I would no longer purchase licenses or hunt their state. While I am sure most residents wish more NR's would do the same thing it just might affect the economy. I'm not sure where license fees are in Montana presently since I no longer hunt there. I do believe Federal lands should be treated differently than state or private land with some sort of common sense license that would cover hunting. I do not believe we need a federal agency to try & regulate hunting on Federal land. My understanding is that all Americans own Federal land, yet states charge the same license fees regardless where you hunt.


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apples and oranges again.


Originally Posted by captain seafire
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Originally Posted by rattler
Originally Posted by bea175
The answer is to buy some land and then you don't need a license at all to hunt on you own property


you do in Montana.....


License and tags both requisite in Idaho before hunting on private land, yours or otherwise.


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Originally Posted by MTGunner
Now rockinbbar, Dink, others would have another non bipartisan entity muddy the waters more. I think not!! BTW, I have hunted many other states, will do so in the future. Yes, times change and prices will rise to all of our distain. But, keep this squabbling BS Res. vs. NR up will not solve the issue. More division will solve nothing. My two cents. MTG


I guess I'm not being clear...

I would NOT have outside influences on state rights t manage their own wildlife. Not in the least!
(To be specific about my location that I mention, it is land owned in NM, and in Texas.)

I further would have NOBODY tell me who I have to let on my private land to hunt.

True, the state wildlife biology departments usually dictate the number of animals harvested. That is true, even in Texas.

To have the feds come tell the states how to manage their wildlife resources is unconstitutional in my opinion.

To have the state come and tell me that I have to let draw hunters hunt my land, and seize control over who I let hunt my deeded land would be an open invitation to a gunfight s well. mad

If you have private land and someone is dictating who hunts there and takes control of the freedom you have as a property owner, then you need to change that. If I couldn't change that law, I would move somewhere where it is not an issue, and the state respects private property ownership rights.

One side of the coin that nobody has looked at in this discussion is the influence BUNNY HUGGERS have on hunting of public lands. If what folks like DINK have their way, and others control the land, hunting, and animals hunted on public land.....What is to stop the anti-hunting morons from banning hunting in any fashion? Why couldn't they? They have as much vote as any other tax payer...

Don't think they are not trying to get hunting shut down. They are. Especially in the western states where there is large amounts of public land.


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Originally Posted by Tanner
Originally Posted by Crow hunter
Originally Posted by starsky
Originally Posted by bea175
[quote=dogcatcher223]The funny thing is, the only people bitching are the ones that think hunting a dink whitetail is worthy of swapping for an elk or mulie hunt. You want to hunt out west, move out west.


Personally i would rather kill a Trophy Whitetail Buck than any Elk


Man you're nuts laugh You keep the whitetails and let me have the elk. smile




Well, it's settled then. You guys don't have to complain anymore because hunting whitetails is a way better hunt than chasing a high country muley or rutting bull. What a relief.

Tanner

I will agree with your sarcasm, i would much rather hunt Trophy Whitetail , than any Elk or Mule Deer . I have killed six Elk out of seven trips to Colorado on Public Land and probably won't go on another Elk Hunt . I like Whitetail Hunting much better. I have been trying all my life to kill a Monster Whitetail Buck and am now 62 and still haven't accomplished this feat and seriously dough i ever will, they just aren't in the areas i hunt. Keep your Elk you are welcome to them . The only difference hunting out West over the East is more public land and watching the sun come up over the Rocky Mountains at 12,000 ft . Everyone who hunts should experience this at least one time in their life's , this alone is worth cost of a out of state tag.


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Originally Posted by DINK
Originally Posted by Whttail_in_MT
So what's going to be the basis of your lawsuit? Yes, the SCOTUS can rule differently than it did earlier. But you better have a rather compelling argument. Mostly I see references to previous rulings when reading why they ruled the way they did on a case. IMHO, stomping your feet and claiming unfairness due to land composition isn't going to cut it when the SCOTUS has ruled time and again that wildlife management is in the States' control, to include tag allocation and price.

The SCOTUS didn't seem too concerned about the average guy with a family in its Baldwin decision:

Does the distinction made by Montana between residents and nonresidents in establishing access to elk hunting threaten a basic right in a way that offends the Privileges and Immunities Clause? Merely to ask the question seems to provide the answer. We repeat much of what already has been said above: elk hunting by nonresidents in Montana is a recreation and a sport. In itself -- wholly apart from license fees -- it is costly and obviously available only to the wealthy nonresident or to the one so taken with the sport that he sacrifices other values in order to indulge in it and to enjoy what it offers. It is not a means to the nonresident's livelihood. The mastery of the animal and the trophy are the ends that are sought; appellants are not totally excluded from these. The elk supply, which has been entrusted to the care of the State by the people of Montana, is finite and must be carefully tended in order to be preserved.

Appellants' interest in sharing this limited resource on more equal terms with Montana residents simply does not fall within the purview of the Privileges and Immunities Clause. Equality in access to Montana elk is not basic to the maintenance or wellbeing of the Union. Appellants do not -- and cannot -- contend that they are deprived of a means of a livelihood by the system or of access to any part of the State to which they may seek to travel. We do not decide the full range of activities that are sufficiently basic to the livelihood of the Nation that the States may not interfere with a nonresident's participation therein without similarly interfering with a resident's participation. Whatever rights or activities may be "fundamental" under the Privileges and Immunities Clause, we are persuaded, and hold, that elk hunting by nonresidents in Montana is not one of them.


I think the argument will be that everyone that wants to hunt, in units made up of mostly federal land, have equal chance at drawing a tag. It will be a equal "right" held by everyone that wants to participate. The state will get to set the tag number but everyone will go into the same draw.

I also believe there will be a cap on what they can charge a non-resident. Charging non-residents 40x the amount of resident will not be held up.

Dink





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Originally Posted by Rancho_Loco
Originally Posted by DINK
Originally Posted by Whttail_in_MT
So what's going to be the basis of your lawsuit? Yes, the SCOTUS can rule differently than it did earlier. But you better have a rather compelling argument. Mostly I see references to previous rulings when reading why they ruled the way they did on a case. IMHO, stomping your feet and claiming unfairness due to land composition isn't going to cut it when the SCOTUS has ruled time and again that wildlife management is in the States' control, to include tag allocation and price.

The SCOTUS didn't seem too concerned about the average guy with a family in its Baldwin decision:

Does the distinction made by Montana between residents and nonresidents in establishing access to elk hunting threaten a basic right in a way that offends the Privileges and Immunities Clause? Merely to ask the question seems to provide the answer. We repeat much of what already has been said above: elk hunting by nonresidents in Montana is a recreation and a sport. In itself -- wholly apart from license fees -- it is costly and obviously available only to the wealthy nonresident or to the one so taken with the sport that he sacrifices other values in order to indulge in it and to enjoy what it offers. It is not a means to the nonresident's livelihood. The mastery of the animal and the trophy are the ends that are sought; appellants are not totally excluded from these. The elk supply, which has been entrusted to the care of the State by the people of Montana, is finite and must be carefully tended in order to be preserved.

Appellants' interest in sharing this limited resource on more equal terms with Montana residents simply does not fall within the purview of the Privileges and Immunities Clause. Equality in access to Montana elk is not basic to the maintenance or wellbeing of the Union. Appellants do not -- and cannot -- contend that they are deprived of a means of a livelihood by the system or of access to any part of the State to which they may seek to travel. We do not decide the full range of activities that are sufficiently basic to the livelihood of the Nation that the States may not interfere with a nonresident's participation therein without similarly interfering with a resident's participation. Whatever rights or activities may be "fundamental" under the Privileges and Immunities Clause, we are persuaded, and hold, that elk hunting by nonresidents in Montana is not one of them.


I think the argument will be that everyone that wants to hunt, in units made up of mostly federal land, have equal chance at drawing a tag. It will be a equal "right" held by everyone that wants to participate. The state will get to set the tag number but everyone will go into the same draw.

I also believe there will be a cap on what they can charge a non-resident. Charging non-residents 40x the amount of resident will not be held up.

Dink





You're just not very smart, are you?

That's what this all boils down to.


I will always be smarter than you.

Remember your the 50+ old that had to pay someone to insure your mortgage.

You have tried to derail this discussion several times now into a name calling contest. Since it's obvious you don't have a valid argument just go on.

Don't forget to get that PMI check in the mail....lol.

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Originally Posted by rockinbbar
Originally Posted by MTGunner
Now rockinbbar, Dink, others would have another non bipartisan entity muddy the waters more. I think not!! BTW, I have hunted many other states, will do so in the future. Yes, times change and prices will rise to all of our distain. But, keep this squabbling BS Res. vs. NR up will not solve the issue. More division will solve nothing. My two cents. MTG


I guess I'm not being clear...

I would NOT have outside influences on state rights t manage their own wildlife. Not in the least!
(To be specific about my location that I mention, it is land owned in NM, and in Texas.)

I further would have NOBODY tell me who I have to let on my private land to hunt.

True, the state wildlife biology departments usually dictate the number of animals harvested. That is true, even in Texas.

To have the feds come tell the states how to manage their wildlife resources is unconstitutional in my opinion.

To have the state come and tell me that I have to let draw hunters hunt my land, and seize control over who I let hunt my deeded land would be an open invitation to a gunfight s well. mad

If you have private land and someone is dictating who hunts there and takes control of the freedom you have as a property owner, then you need to change that. If I couldn't change that law, I would move somewhere where it is not an issue, and the state respects private property ownership rights.

One side of the coin that nobody has looked at in this discussion is the influence BUNNY HUGGERS have on hunting of public lands. If what folks like DINK have their way, and others control the land, hunting, and animals hunted on public land.....What is to stop the anti-hunting morons from banning hunting in any fashion? Why couldn't they? They have as much vote as any other tax payer...

Don't think they are not trying to get hunting shut down. They are. Especially in the western states where there is large amounts of public land.


I am specifically referring to hunting units made up mostly federal land.

Not private land or state owned land.

Dink

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Says the EBT cardholder.

The rancher wouldn't take it for payment on the lease for another haystack forky you didn't eat or even plan to eat this year?

No matter how many times this comes up, I still can't grasp the mindset of wanting schit given to you. It would help Dink if you would just admit it. You don't have a "right" to the game animals in other states. I don't know where this kind of nonsense even comes from.


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Originally Posted by DINK
Rulings change all the time. No one ever thought the communist state of Illinois would have CCW but guess what...they do now.

The state will continue to set tag quotas.

Let's take Wyoming antelope unit 60. It's entirely federal land (if I remember correctly). Let's say they issue 100 buck antelope tags. Non-residents shouldn't be limited to 20% of the tags. Everyone should have the same "rights" to those 100 tags. This is what is going to change.

Also all of those 100 tags should be the same price for everyone.

Game and fish have went to the cash well to many times. Not only that but give it a few years they will be right back gigging non-residents yet again because it's the only way they know to raise money. Residents support this because it cost them nothing.

Dink


I think you are entirely mistaken in the direction any changes will go.

As the Feds continue to TOTALLY mismanage any and all lands to which they claim title. As the Feds continue to LOSE billions of dollars per year via the mismanagement of said lands. As the Feds continue to expose our homes, fields, and livelihoods to dangers from out of control wildfires, because they have prohibited proper management, thinning, and grazing of USFS or BLM lands.

Those lands will be coming under individual State control. Perhaps not this year or next. But as you have pointed out, it is Eastern dollars supporting the economic losses currently occurring on Federal Lands. Those losses are happening because of pressure from Eastern voting blocks. Easterners will soon tire of supporting Federal mismanagement of Western lands and be eager to give control to the State in which the land lies.

If we can eliminate the feds from management of Public Lands in the West, the states can once again turn a profit on those lands, and at the same time manage the lands for the betterment of the environment, game animals, residents, and adjacent property owners.


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Originally Posted by shrapnel
Originally Posted by DINK

I think the argument will be that everyone that wants to hunt, in units made up of mostly federal land, have equal chance at drawing a tag. It will be a equal "right" held by everyone that wants to participate. The state will get to set the tag number but everyone will go into the same draw.

I also believe there will be a cap on what they can charge a non-resident. Charging non-residents 40x the amount of resident will not be held up.

Dink






You are arguing apples/oranges. What you need to realize is that States are regulating State-owned game, not access to federal land. You have your right to access all the federal land you want, you just need to recognize the Game is regulated by the state. What can be more clear???


How can game be state owned when it lives on federal land with no private land in the entire unit?

If it were not for the land the animals could not exist.

States can manage the game on federal land. The question is who has the right to manage it through hunting. I think everyone should have the same chance.

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Originally Posted by MTGunner
NO, private land owners can decide who can and should hunt their property.


So it's okay for states to dictate the number of resident/nonresident hunters on federal land but not private land?



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Maybe it is time to spread the wealth and do away with Game Dept and Hunting License all together and hunt any state and any place you like . Obama agrees with me on this , except he wants us to give up our guns and use Rocks .


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Quote
I think everyone should have the same chance.

Dink


So the liberal, Anti-Hunting, Anti-Gun, Bunny Huggers in NYC should have an equal voice in what goes on in the state game department of a western state they have never even been to?

They just like the idea of NOBODY HUNTS ANYTHING.

Do you not see what a slippery slope you are on?


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Every time one of these threads comes up it's started by some self-entitled jack-hole who lives where the hunting sucks balls.


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Originally Posted by horse1
Every time one of these threads comes up it's started by some self-entitled jack-hole who lives where the hunting sucks balls.


End of topic right there.


Originally Posted by captain seafire
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Originally Posted by DINK

I am specifically referring to hunting units made up mostly federal land.

Not private land or state owned land.

Dink


Rights are God given, privileges regulated by licenses. You need a license to shoot game, drive a car etc. It is your right to access public ground but you still need a hunting license to hunt there, a driver's license to get there.

How hard is this to understand???


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Minor point.....
In Alaska the feds do in fact control who shoots some animals. If they don't like what the State wants to do, they just shut down access to THEIR land. Do some research on Bear and Wolf hunting on the Kenai Peninsula.
Also, the feds control who shoots ducks/geese on the Yukon delta area and Polar bears, Walrus and Sea Otter. See the 1972 Marine Mammal Protection Act.
You might be surprised.

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