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Rule process to re-institute 10-percent nonresident hunting cap begins. Other rule changes also under consideration

9/12/2005

PHOENIX – The Arizona Game and Fish Department is beginning its rule making process to re-institute the 10-percent nonresident hunting draw cap and possibly make other rule changes, as well.

The department is accepting written comments on the proposed draw cap rule from Sept. 10 to Oct. 10. The cap proposal and others can be accessed at the department’s Web site. The Arizona Game and Fish Commission will take public comment on the proposals during its Oct. 21-22 meeting at the Embassy Suites, 2333 E. Thomas Road in Phoenix.

Arizona’s original 10-percent limit on nonresident hunt tags was created to protect hunting opportunities for Arizona residents. Last year in July, a U.S. District Court declared the cap unconstitutional, citing the federal Commerce Clause as the reason, and issued an injunction prohibiting the commission from enforcing the cap.

Now, thanks to actions by Congress and a lifting of the injunction by the district court, the door is wide open for Arizona to reinstitute its nonresident cap. However, the reinstated cap would apply to several more species.

The original cap applied only to hunts of bull elk, buffalo, bighorn sheep, and antlered deer north of the Colorado River (the Arizona Strip). The new proposal would also apply to the rest of the state’s deer hunts, plus hunts of pronghorn antelope, javelina and turkey.

The department is also proposing rule changes that deal with miscellaneous licenses and permits, such as the guide license and disabled veteran’s license. These proposed rule changes will also be heard at the commission’s Oct. 21-22 meeting in Phoenix.

Through a similar process, where public comments will be taken from Sept. 17-Oct. 17, changes are being proposed to rules regulating the taking and handling of wildlife in the three following areas:

  1. To authorize possession of a part of a wildlife carcass;
  2. To authorize possession of a bear or mountain lion that has killed livestock and was taken during a closed season.
  3. To change check-out requirements for bears and mountain lions.

A public hearing on those proposed changes is scheduled for the Game and Fish Commission’s Dec. 9-10 meeting at the Francisco Grande Hotel and Gold Resort at 26000 Gila Bend Highway in Casa Grande.

Lastly, the department is considering changes to rules regulating the use and possession of live wildlife. The Arizona Game and Fish Commission will consider the amendments during its Sept. 23-24 meeting at the department’s Pinetop regional office at 2878 E. White Mountain Blvd. in Pinetop.

 

 

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