http://news.yahoo.com/s/nm/201...s_hunting_amendments

Right to hunt, fish on ballot in four states

By Ed Stoddard and Tim Gaynor Ed Stoddard And Tim Gaynor – Thu Oct 14, 2:02 pm ET
DALLAS/PHOENIX (Reuters) – Worried that their pastime may get waylaid by a growing animal welfare movement, U.S. hunters and anglers in some states are seeking constitutional safeguards.

When voters in Arizona, Arkansas, South Carolina and Tennessee go to the polls to cast their ballots in the congressional elections on Nov 2, they will also be asked if they support making hunting and fishing constitutional rights.

That will be a loaded question at that time of the year, when deer season is starting in many states and millions of Americans take to the woods, firearms in hand.

"When you have something protected in your constitution, then it is very difficult to use the courts or other types of ballot activities to thwart, for example, hunting and fishing," said Steve Faris, a Democratic Arkansas state senator and the bill's lead sponsor there.

"They start with cats and dogs and the next thing you know, someone says it's inhumane to shoot a deer. It's like buying an insurance policy," he told Reuters in a phone interview.

According to the National Conference of State Legislatures, 10 states guarantee the right to hunt and fish in their constitutions. Vermont's provisions go back to 1777 but the rest have all been put in place since 1996.

The current measures are not seen making a big difference in any House or Senate race.

But they are another lifestyle clash in America's many culture wars, which often seem to pit the rural and conservative "heartland" against urban liberals.

Such issues are not so cut and dried -- there are rural animal welfare activists and urbanites who love guns and hunting -- but there are real rural/urban and regional cultural divides which are often highlighted by these debates.

The current drive to give hunting and fishing added protection also comes against the background of data that suggests a decline in such activities.

According to one widely cited report by the U.S. Fish and Wildlife Service 12.5 million Americans hunted in 2006, down four percent from 2001 and 11 percent from 1991. The number of anglers from 1991 to 2006 fell 16 percent to 30 million.

DYING PASTIME?

"A desperate attempt to prop up a dying pastime," was how Ashley Byrne, a New York-based campaigner for People for the Ethical Treatment of Animals (PETA), described the hunting and fishing ballot proposals.

She said PETA had not mounted any campaigns against the amendments but she said it would "continue to educate people about how hunting is cruel and unnecessary."

But for many Americans it is a cherished way of life and the divide between the PETA view of hunting and that of Mike Adams, 60, a builder from Bisbee in southern Arizona, could hardly be starker.

He bought his first rifle when he was nine years old, and has hunted ever since. He is preparing for an annual deer hunting trip with a dozen buddies later this month, and backs Proposition 109, which he feels would enshrine rights in Arizona that he sees as under attack.

"I feel that some of the animal rights activists are going to extremes to take our right away both to bear arms and to bag game," said Adams, who hopes to harvest some elusive white-tailed deer in mountains close to the Mexico border.

"I'm a firm believer that anyone who wants to hunt should be able to do it, regardless," he said.

Back in Arkansas, Senator Faris noted that hunting and fishing were also important to the state economy. On a national scale, the U.S. Fish and Wildlife Service estimates that hunters and anglers spent $76.7 billion in 2006, the last year for which such data is available.

It is also on the Kansas ballot as a "Right to Bear Arms" item, but clearly states for hunting as well. Slightly different, but similar.

In theory it sounds like a great idea to protect our hunting heritage, but you must be careful what is deamed a right. This could blow up in our faces. Proclaiming it a right could actually be an invitation to more government intervention especially in the private sector, new taxation, and how about affirmative action on all those draws on public land because now it is everyone's right. Be careful what you declare to be a right.

In Az, the proposal would give the state legislature the sole authority to set game limits and seasons; not a good idea. Right now, the game and fish dept has that responsibility. They have a vested interest in making hunting and fishing popular and profitable. If the legislature had the power and the wrong people were elected, then they could excessively restrict the seasons, limits, and areas. They could also see hunting licenses as the goose's golden egg and our license fees could be even more outrageous than they are currently. Most hunters in Az are against the proposal as written.

quote:

Originally posted by The Shottist:
In Az, the proposal would give the state legislature the sole authority to set game limits and seasons; not a good idea. Right now, the game and fish dept has that responsibility. They have a vested interest in making hunting and fishing popular and profitable. If the legislature had the power and the wrong people were elected, then they could excessively restrict the seasons, limits, and areas. They could also see hunting licenses as the goose's golden egg and our license fees could be even more outrageous than they are currently. Most hunters in Az are against the proposal as written.

Not quite correct. In fact, Prop 109 doesn't change anything from how it is RIGHT NOW. The legislature has made the LAWS for decades. They are all contained in Title 17.

And as part of those laws in Title 17, the LEGISLATURE has designated the AZGFD -- and commission -- as the agency to manage the wildlife and make RULES (not laws), which are how the seasons, permits, etc. are set. For any LAW change, the department MUST go through the legislature, just has it has been for many years.

What the amendment WILL do is make it very hard for the animal rights folks to get an initiative on the ballot that concerns wildlife and would be voted on by the general public. And that's why the Sierra Club, HSUS and other AR groups oppose the passage of prop 109.

The actual wording:

A. The citizens of this State have a right to hunt, fish and harvest wildlife lawfully. Wildlife belongs to this State and is held in trust for the benefit of the citizens of this State.


B. Exclusive authority to enact laws to regulate the manner, methods or seasons for hunting, fishing and harvesting wildlife is vested in the Legislature, which may delegate the rule making authority to a game and fish commission. No law shall be enacted and no rule shall be adopted that unreasonably restricts hunting, fishing and harvesting wildlife or the use of traditional means and methods. Laws and rules authorized under this section shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing.

C. Lawful public hunting and fishing shall be a preferred means of managing and controlling wildlife.

D. This section shall not be construed to modify any provision of common law or statutes relating to trespass or property rights.

quote:

Originally posted by The Shottist:
Most hunters in Az are against the proposal as written.

Forgot to address this part specifically.

The list of those who SUPPORT the passage of Prop 109.

Governor Jan Brewer, the Governor of Arizona

Arizona Sportsmen for Wildlife, an organization dedicated to advocacy on behalf of wildlife and sportsmen

Arizona Sportsmen for Wildlife Conservation , an organization dedicated to educating the public on issues of importance to wildlife and funding enhancement of wildlife habitat projects

National Rifle Association , an organization dedicated to preserving our right to bear arms, hunt and fish

Representative Jerry Weiers and 36 other members of the Arizona House of Representatives who voted for Prop 109

Senator John Nelson and 17 other members of the Arizona Senate who voted for Prop 109

Arizona Game and Fish Commission, the body responsible for regulation and enforcement of Arizona’s wildlife statutes

Arizona Desert Bighorn Sheep Society, an organization dedicated to maintenance and enhancement of Arizona’s desert sheep populations

Arizona Deer Association, an organization dedicated to conservation and enhancement of Arizona’s deer populations

Arizona Antelope Foundation, an organization dedicated to the conservation of Arizona’s pronghorn antelope herds

Arizona Elk Society, an organization dedicated to ensuring that Arizona’s elk populations are maintained and flourish

Arizona Chapter of National Wild Turkey Federation, with several chapters throughout the state the NWTF is dedicated to reintroduction and conservation of Arizona’s various species of turkeys

Anglers United , an organization that promotes kids fishing opportunities and the development of fishing habitat throughout the state

Arizona Flycasters Club, an organization known for its many conservation projects including reintroduction of the Apache Trout

Yuma Valley Rod and Gun Club, an organization dedicated to stewardship of the land and promotion of wildlife, wildlife habitat and the traditions that accompany it.

Arizona Wildlife Federation, an organization founded to take politics out of wildlife and habitat management and to promote the management of Arizona resources on a scientific basis

Mohave Sportsmen’s Association, a family-oriented organization that promotes all shooting sports, youth marksmanship programs and hunter education classes

Southeastern Arizona Sportsmen’s Club, an organization dedicated to conservation of wildlife habitat and natural resources, defending the Second Amendment and educating the public on important issues concerning wildlife

Safari Club International, Phoenix and Arizona Chapters, organizations dedicated to making a contribution to Arizona’s wildlife conservation effort, provide outdoor experience for youth, educate the public and protect hunting and fishing

Arizona Trappers Association, an organization dedicated to the use of ethical and humane methods of take for managing wildlife populations

Arizona Bowhunters Association, an organization whose mission is to foster, perpetuate and expand bowhunting and bowhunting ethics in Arizona

Outdoor Experience 4 All , an organization dedicated to providing outdoor experiences for kids of all ages, especially those who have a life threatening illness

Former Game & Fish Commissioner W. Hays Gilstrap, the former commissioner largely responsible for securing one of the few additional sources of funding ( the wildlife conservation fund) for game and fish as part of the Indian Gaming Initiative

Todd Rathner, board member of the National Rifle Association

Mogollon Sporting Association, an organization whose mission is to enhance wildlife, environment, education and our economy in the Mogollon Rim Country by supporting local quality game management and our local businesses.

My note: The AGFD also supports Prop 109, but because it is a state agency regulated by the legislature, it cannot lobby pro or con on political issues. In contrast, the commission, appointed by the governor, has no such restriction.
******

lots of states already passed these measures and all states should do this..User it or lose it.....GOOD LUCK......

Tony,

I am afraid that this whole thing is going to backfire on us; the amount of misinformation out there is stunning, and the TV ads are pouring in, and I don't even watch TV except for the news.

Someone needs to file suit against propositions - to me, they are taking away our pursuit of happiness.