This is the thread I meant to post this on:
I was having a conversation with my brother today and he was asking questions I had trouble answering. I’ve always accepted the fact that as a non-resident I have access permission to public land but I have no guaranteed rights to hunt game on those lands because wildlife is managed by the state.
I’ve always accepted this fact and not really had a problem with it. I try to draw tags in the non-resident pool and feel fortunate to have this opportunity. But aren’t the folks that manage said wildlife heavily subsidized by federal taxes such as Pittman-Robertson? If most (or a large portion) of this cost of management is indeed coming from federal money and non-resident money, should there be a certain percentage of tags guaranteed to non-residents? Something that protects this percentage rather than seemingly fighting for it every other year in each state?
I’ll put my helmet and armor on now. Genuinely curious. Just looking for education.
Decent question.
Short answer PR money, actually the Federal Aid in Wildlife Restoration act, is not "federal" in the sense that it comes from the federal budget. Its a federal Act that was passed by hunters and firearms owner that self imposed an 11% tax on firearms, ammo.
So, not every US citizen is paying that tax only those that purchase a firearm, ammo and other sporting goods.
So something to think about...is that of all the people that pay this tax, a small percentage are actually hunters. A vast majority of the funding comes from shooting sports advocates, or your neighbor who may not hunt but likes to shoot trap. Or your neighbor that buys a firearm for personal protection.
Its dolled out to EVERY state based on certain criteria such as hunting license sales. The funding can't be used for just anything, there are side-boards on the funding.'
Finally, no, as a NR you are not entitled to a single tag in any state. Wildlife is held in trust for the citizens of the State it resides in. This has been upheld in court case after court case after court case. Just do a google search...lots of case law.
This was also passed in the 109th congress in 2005-2006 S.339....
A BILL
To reaffirm the authority of States to regulate certain hunting and
fishing activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reaffirmation of State Regulation of
Resident and Nonresident Hunting and Fishing Act of 2005''.
SEC. 2. DECLARATION OF POLICY AND CONSTRUCTION OF CONGRESSIONAL
SILENCE.
(a) In General.--It is the policy of Congress that it is in the
public interest for each State to continue to regulate the taking for
any purpose of fish and wildlife within its boundaries,
including by
means of laws or regulations that differentiate between residents and
nonresidents of such State with respect to the availability of licenses
or permits for taking of particular species of fish or wildlife, the
kind and numbers of fish and wildlife that may be taken, or the fees
charged in connection with issuance of licenses or permits for hunting
or fishing.
(b) Construction of Congressional Silence.--Silence on the part of
Congress shall not be construed to impose any barrier under clause 3 of
Section 8 of Article I of the Constitution (commonly referred to as the
``commerce clause'') to the regulation of hunting or fishing by a State
or Indian tribe.
SEC. 3. LIMITATIONS.
Nothing in this Act shall be construed--
(1) to limit the applicability or effect of any Federal law
related to the protection or management of fish or wildlife or
to the regulation of commerce;
(2) to limit the authority of the United States to prohibit
hunting or fishing on any portion of the lands owned by the
United States; or
(3) to abrogate, abridge, affect, modify, supersede or
alter any treaty-reserved right or other right of any Indian
tribe as recognized by any other means, including, but not
limited to, agreements with the United States, Executive
Orders, statutes, and judicial decrees, and by Federal law.
SEC. 4. STATE DEFINED.
For purposes of this Act, the term ``State'' includes the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Virgin Islands, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
So, no you are 100% at the mercy of the States as a NR hunter with no guarantee of a single tag, how much they charge you, etc.