Date: 10/19/04

Contact: Kelly Clark

Phone: (775) 688-1555





OUT-OF-STATE OUTFITTERS FILE SUIT ON WILDLIFE COMMISSION, CLAIM BIG GAME QUOTA SETTING PROCESS IS UNFAIR TO NONRESIDENTS

By: Kelly Clark



A New Mexico outfitter has filed suit against the State of Nevada, claiming that the Nevada big game tag quota system discriminates against nonresidents. This lawsuit may reduce the number of big game tags allocated to residents and increase the number of tags allocated to nonresidents.



The lawsuit is based on the "dormant" Commerce Clause of the United States Constitution, which was adopted to give Congress the power to regulate commerce among the states, and to reduce discrimination of one state against another states' residents, or their access to goods and services.



In the complaint, filed July 20 in US District Court, Jean Taulman, Lawrence Montoya, Filiberto Valerio, and United States Outfitters, Inc., sued members of the Nevada Board of Wildlife Commissioners and Nevada Department of Wildlife (NDOW) Director Terry Crawforth, claiming that Nevada policy on Big Game Tag Quota Allocation discriminates against nonresidents who "suffer discrimination in access to hunting opportunities in Nevada through the imposition of quotas for each species."



The United States Court of Appeals for the Ninth Circuit ruled that states must justify limits on nonresidents as the least discriminatory way to protect the valid interest of the State in maintaining hunting opportunity for residents. On July 13, 2004, the United States District Court for the District of Arizona held that Arizona's system, which is similar in some respects to Nevada's, did not meet that standard.



Based on the interstate commerce clause in the United States' Constitution, the District Court enjoined Arizona from using non-resident quota caps to allocate big game tags. Arizona chose to issue an additional 805 big game tags for 2004 deer and elk hunting. Of those tags, 700 went to nonresidents and 105 went to residents. In Arizona, like Nevada, competition for big game hunts is intense.



The Board of Wildlife Commissioners plans extensive discussions on the matter at their Nov. 6, 2004 meeting in Reno, and hopes that all big game hunters will participate in that meeting, as well as at their local County Advisory Board to Manage Wildlife meetings scheduled for October. Notification about these meetings will be listed on the agency web site at www.ndow.org, and will be posted in regional newspapers as well.



The Nevada Department of Wildlife is the state agency responsible for the restoration and management of fish and wildlife resources, and the promotion of boating safety on Nevada�s waters. Department of Wildlife offices are located in Las Vegas, Henderson, Ely, Winnemucca, Fallon, Elko, and Reno. For more information, visit the agency web site at www.ndow.org.

Tony. If I remember correctly, Nevada residents voted to restrict nonresident tags. It was not an arbitrary decision as was done in Arizona by Game and Fish.
I distinctly remember the vote, because I was one who voted for the restriction.
The only reason I mention this is, I wonder if it was brought about by a public vote, would that make a difference? You know, the will of the people in a state, not that the 9th Circuit Court gives a damn about the will of the people.
I do gues you know our two Congressrats, Pastor and Grijalva voted against breaking up the 9th Circuit Court into smaller more usable entities? Getting those two out of office, albeit impossible, would be one of the best things for Arizona to happen in years.
Paul B.

Paul,

I don't think it matters how the law/rule was enacted. Either way, if the courts go by the decision of the Ninth Circuit Court, which has already set the precedent, it would be deemed unconstitutional under the commerce clause.

That said, if the federal bill Sen. Reid has put forth does get enacted, it would remove the commerce clause from usurping laws passed in the states. It's now in the Judiciary committee, so we have to puh all of our congress critters to support it. Kyle is a committee member. -TONY