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Author Topic: Permit quotas  (Read 35718 times)

Offline idahohuntr

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Re: Permit quotas
« Reply #210 on: April 11, 2019, 01:18:47 PM »
wouldn't it be great if "in common with the citizens" meant under the same regulations, kind of like it means everyone has the same speed limit they have to follow?
”In common with” is part of the treaty that should be challenged in court by good expensive lawyers.  There is nothing in common with how the tribes operate and non tribal members.
But our corrupt state will not.  :twocents:
You sure about that?
There was a recent SCOTUS decision involving the Yakama's who were sued by the State of Washington on a fuel tax issue where "in common with" language was at play.

Justice Gorsuch and others who decided in favor of the Yakama's weighed in on this exact language...'in common with' was not simply an anti-discrimination provision of the Treaty.  The language is interpreted as meaning joint use of a resource (e.g., elk or highways or fish) - not a restriction on Tribal members that is equivalent to restrictions placed on non-tribal members.  Numerous court rulings have affirmed this interpretation. 

So...I'll save you some expensive lawyer money...arguing 'in common with' means Tribes have to follow non tribal regulations regarding the harvest of elk, deer etc. is a dead end that has already been made clear in numerous Supreme Court rulings dating back over 100 years.     
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood..." - TR

Offline trophyhunt

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Re: Permit quotas
« Reply #211 on: April 11, 2019, 01:55:39 PM »
wouldn't it be great if "in common with the citizens" meant under the same regulations, kind of like it means everyone has the same speed limit they have to follow?
”In common with” is part of the treaty that should be challenged in court by good expensive lawyers.  There is nothing in common with how the tribes operate and non tribal members.
But our corrupt state will not.  :twocents:
You sure about that?
There was a recent SCOTUS decision involving the Yakama's who were sued by the State of Washington on a fuel tax issue where "in common with" language was at play.

Justice Gorsuch and others who decided in favor of the Yakama's weighed in on this exact language...'in common with' was not simply an anti-discrimination provision of the Treaty.  The language is interpreted as meaning joint use of a resource (e.g., elk or highways or fish) - not a restriction on Tribal members that is equivalent to restrictions placed on non-tribal members.  Numerous court rulings have affirmed this interpretation. 

So...I'll save you some expensive lawyer money...arguing 'in common with' means Tribes have to follow non tribal regulations regarding the harvest of elk, deer etc. is a dead end that has already been made clear in numerous Supreme Court rulings dating back over 100 years.   
gee thanks for crushing my dream!!   
“In common with”..... not so much!!

Offline idahohuntr

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Re: Permit quotas
« Reply #212 on: April 11, 2019, 04:20:41 PM »
wouldn't it be great if "in common with the citizens" meant under the same regulations, kind of like it means everyone has the same speed limit they have to follow?
”In common with” is part of the treaty that should be challenged in court by good expensive lawyers.  There is nothing in common with how the tribes operate and non tribal members.
But our corrupt state will not.  :twocents:
You sure about that?
There was a recent SCOTUS decision involving the Yakama's who were sued by the State of Washington on a fuel tax issue where "in common with" language was at play.

Justice Gorsuch and others who decided in favor of the Yakama's weighed in on this exact language...'in common with' was not simply an anti-discrimination provision of the Treaty.  The language is interpreted as meaning joint use of a resource (e.g., elk or highways or fish) - not a restriction on Tribal members that is equivalent to restrictions placed on non-tribal members.  Numerous court rulings have affirmed this interpretation. 

So...I'll save you some expensive lawyer money...arguing 'in common with' means Tribes have to follow non tribal regulations regarding the harvest of elk, deer etc. is a dead end that has already been made clear in numerous Supreme Court rulings dating back over 100 years.   
gee thanks for crushing my dream!!
Dreams won't be officially crushed until June draw results!  :yike:
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood..." - TR

Offline trophyhunt

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Re: Permit quotas
« Reply #213 on: April 11, 2019, 04:27:52 PM »
Very true!
“In common with”..... not so much!!

Offline westside Elkhunter

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Re: Permit quotas
« Reply #214 on: April 11, 2019, 08:01:57 PM »
Am I reading the proposal right. They are doing away with the Skokomish Rifle elk tag??

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Offline JimmyHoffa

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Re: Permit quotas
« Reply #215 on: April 11, 2019, 08:22:30 PM »
Am I reading the proposal right. They are doing away with the Skokomish Rifle elk tag??

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Looked like it was still there.  Did you go to the link in the proposed game regs thread?

Offline trophyhunt

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Re: Permit quotas
« Reply #216 on: April 11, 2019, 08:54:40 PM »
The link that bobcat put up on the proposed game regs thread is different than the link that triggermike put up on page 14 of this thread.  I guess we will see here shortly which is right.
“In common with”..... not so much!!

Offline JimmyHoffa

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Re: Permit quotas
« Reply #217 on: April 11, 2019, 09:22:32 PM »
the updated link shows they added a permit to the one he is asking about, it falls at the bottom of the page and appears they cancelled the permits; but actually increased.

Offline Mr Mykiss

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Re: Permit quotas
« Reply #218 on: April 12, 2019, 05:02:18 AM »
the updated link shows they added a permit to the one he is asking about, it falls at the bottom of the page and appears they cancelled the permits; but actually increased.
On the bright side there’ll be a HUGE INCREASE in the number of dreams crushed this year... :chuckle:
It is hard to follow one great vision in a world of darkness and of many changing shadows. Among these shadows men get lost.
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Offline Skyvalhunter

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Re: Permit quotas
« Reply #219 on: April 12, 2019, 05:07:33 AM »
Is that any surprise coming from WDFW?
The only man who never makes a mistake, is the man who never does anything!!
The further one goes into the wilderness, the greater the attraction of its lonely freedom.

Offline Timberstalker

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Re: Permit quotas
« Reply #220 on: April 12, 2019, 05:10:07 AM »
Soon to be a distant memory.
If you aint hunting, you aint livin'

Offline TriggerMike

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Re: Permit quotas
« Reply #221 on: April 12, 2019, 08:57:38 AM »
The link that bobcat put up on the proposed game regs thread is different than the link that triggermike put up on page 14 of this thread.  I guess we will see here shortly which is right.

I believe the link I shared was post commission meeting from this week. The pink numbers were the original proposed tag numbers for this year, pre-commission meeting, and the blue numbers next to some of those ones are the numbers they settled on at the commission meeting and I believe may be contingent on aerial surveys in the next month or so as well as when the 2018 harvest stats come out. So the blue numbers are a placeholder for now. They said this is the case for early antlerless archery in the Colockum as well, contingent on upcoming aerial surveys and harvest stats. My question is why don't they do aerial surveys on the winter range when all the animals are actually on the winter range...? Seems like if they do it in May that a lot of animals will have migrated from the Quilomene back up into the timber and mountains.

Offline Skyvalhunter

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Re: Permit quotas
« Reply #222 on: April 12, 2019, 09:03:29 AM »
 With the rega out the quotas are locked in
The only man who never makes a mistake, is the man who never does anything!!
The further one goes into the wilderness, the greater the attraction of its lonely freedom.

Offline Pegasus

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Re: Permit quotas
« Reply #223 on: April 12, 2019, 09:06:30 AM »

My question is why don't they do aerial surveys on the winter range when all the animals are actually on the winter range...? Seems like if they do it in May that a lot of animals will have migrated from the Quilomene back up into the timber and mountains.

Because that makes sense, would dramatically reduce operating costs and would be more accurate.

Offline Skyvalhunter

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Re: Permit quotas
« Reply #224 on: April 12, 2019, 09:21:28 AM »
With the regs out the quotas are locked in
The only man who never makes a mistake, is the man who never does anything!!
The further one goes into the wilderness, the greater the attraction of its lonely freedom.

 


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