Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By AmmoLand (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

New Mexico Game & Fish Asks Court To Vacate Big Game Residency Ruling

% of readers think this story is Fact. Add your two cents.


New Mexico Game & Fish Asks Court To Vacate Big Game Residency Ruling

New Mexico Game and Fish

SANTA FE, NM --(Ammoland.com)- The Department of Game and Fish filed a motion Thursday seeking to have the U.S. District Court vacate an injunction from 1977 that prevents New Mexico from allocating ibex, oryx and bighorn sheep licenses based on residency.

The federal injunction applies to only to those species because, at the time of the legal challenge in 1976, they were the only species of big game in New Mexico for which the State Game Commission provided an in-state preference for license allocation.

Because of the injunction, the Department cannot allocate oryx, ibex and bighorn sheep licenses based on hunters’ residency status, even though New Mexico law specifically has provided for an in-state preference for big-game licenses allocated by drawing, including ibex, oryx and bighorn sheep, since 1997.

The injunction was issued in a lawsuit filed in 1976 by a Texas resident and hunter, David B. Terk. He challenged New Mexico’s right to discriminate against him based on his status as a nonresident of the State of New Mexico, by charging him a higher nonresident license fee, and also by giving him a lower chance of drawing a license than New Mexico residents would enjoy.

The court upheld the difference in license fees, but ruled that the discriminatory allocation of licenses violated the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

Since that time, according to the Department’s motion, the 10th Circuit Court of Appeals applied the same legal principles to a discriminatory license allocation statute in Wyoming that is substantively almost identical to New Mexico’s, and the court found that statute to be rationally related to a legitimate state purpose and therefore not in violation of the Equal Protection Clause.

“Our position is that the Court of Appeals’ decision is binding on the U.S. District Court and requires that the 36-year-old injunction be vacated,” Department of Game and Fish General Counsel Richard Wellborn said.

Other states discriminate based on residency, as New Mexico does now for antelope, elk and deer hunting licenses. Since 1997, New Mexico has allocated public licenses to three pools of customers – residents, nonresidents and hunters using outfitters. The numbers have changed over the years; however, currently residents receive 84 percent of all public licenses issued through drawings, nonresidents receive 6 percent and hunters using outfitters – residents and nonresidents – qualify for 10 percent of public licenses.

“If the court vacates the injunction,” Wellborn said, “it will allow the State Game Commission to guarantee New Mexico hunters the full opportunity provided by New Mexico law to hunt ibex, oryx and bighorn sheep.”

“This is a step in the right direction,” said Scott Bidegain, chairman of the State Game Commission.


Source: http://www.ammoland.com/2013/05/new-mexico-asks-court-to-vacate-big-game-ruling/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.


LION'S MANE PRODUCT


Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules


Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.



Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.


Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.