Wyatt.Carter
WKR
- Joined
- Apr 4, 2020
- Messages
- 336
I think you have a valid point. I'm wondering why they wouldn't raise fees for all applicants if their goal was to be self funded?I'm happy to take this conversation up on a side bar, but ,no, states cannot just charge 100X or 10K arbitrarily. There is case law on this that I am sure noone on this forum wants to read, but it is pretty clear. Any fees charged must be rationally related to a legitimate state interest. Excluding non-residents is not a legit interest. Preservation of state wildlife absolutely IS a state interest. But, in this case, Utah cites a desire to NOT draw funds from the state to fund the agency/wildlife. That position essentially admits that the state residents are not paying into the wildlife management in their taxes (no standing) and admits that the increases on non-residents are designed to prevent the state residents from having to pay into the system by punishing non-residents. That is not a legitimate interest. Maybe I am reading that wrong. Happy to consider another opinion.
Also, those same non-residents presumably pay Federal taxes, which to some extent fund the federal lands in the states. There may be other Federal funding ties, as well. So, non-residents can make an argument that they already pay for elements of the resource in the state. Not a terribly strong position, but it is rational. Point being that the legal elements of fees, as described here, are subject to a rational basis test if challenged on Constitutional grounds. Based on this short and incomplete analysis (not a legal opinion), it fails.
Also, we really need to stop taking the position, as a community, that fee increases are the way to manage wildlife. This knee jerk, "raise fees on non-residents," reaction should only occur when there is an absolute need for it. IF there is, no problem. I am sure that we are all willing to pay our way. If you don't like nonresidents, that is fine. Just lower tag allocations. That way you won't see non-residents in the woods. However, using punitive fees to do so is not supported by logic, or the Constitution. Lets all try to support each other moving forward, and not try to blindly impose punishments that are not related to a legit interest. I love hunting in the United States, both in my home state and elsewhere, and I have no interest in excluding anyone from enjoying the outdoors here or elsewhere.