Category Archives: Fish and Game

And you thought the Obama Executive Order privileged was bad.

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forest-20121004 015There has been much todo about the abuse of the presidential executive order and, perhaps, rightly so. The regular old trustworthy media outlets will let you know it is much todo about nothing.

Executive orders were intended to inform the employees how they are to carry out the laws created by the Legislative branch (Congress). They were not to be used to circumvent those laws or create laws as they have been used by recent presidents.

But how would you feel if the employee of your employee could write their own “executive orders” with full force of law:

“…punishable as a Class B misdemeanor by a fine of not more than $5,000.00 for individuals and $10,000.00 for organizations, or imprisonment for not more than six (6) months, or both.”

Such is the case with Executive Order Number: 04-13-04-R by M. Earl Stewart of the Coconino National Forest, “Done at Flagstaff, Arizona this 13th day of March, 2013..”

The order is to prevent people from “Possessing or using a bicycle off of National Forest System Roads or trails in the restricted areas.” Those new restricted areas are as follows:

1.Schnebly Hill Area: SR89A to the west, Caner Canyon to the north, Schnebly Hill Road to the east and south.

2.Transept Area: Junction of Verde Valley School Road and Forest boundary in Section 11, then north to junction with Templeton Trail, then east to switchbacks next to private property, then further east to SR179, then south along SR179 to Forest boundary, then west to Verde Valley School Road.

3.Scheurman Mt. – Airport Area: Junction of Lower Red Rock Loop Road and Forest boundary in Section 28 west and north along Lower Red Rock Loop Road to SR89A, then east to Sedona High School and then east along boundary with private/Forest boundary north of Carroll Canyon, continuing east along private boundary north of the Sedona Airport to Brewer Road, then southwest generally following Oak Creek along Forest/private boundary to junction of Ridge Trail with Chavez Ranch Road, follow Chavez Ranch Road west to Upper Red Rock Loop Road, and then west to connect with Lower Red Rock Loop Road.

4.Possessing or using a bike is permitted ONLY in the following slickrock locations that are within the restricted areas, adjacent to a designated trail: Cow Pies, upper and lower Hangover saddles, slickrock between Hiline Saddle and “the Hiline chute”, slickrock bench above Yavapai Vista, and slickrock bench at junction of Templeton and Cathedral Rock trails.

Oh, unless you work for the “forest service” in which case you can drive vehicles of any kind throughout the forest or whatever as long as it is in the performance of your duty.

“This order is needed to prevent impacts to the highly erosive soils, Oak Creek water quality, archaeological sites, and the Casner Canyon RNA resulting from bicycle use off of National Forest system roads and trails,” the order claims.

Doggone bicycles! Ruining nature. I knew you were evil.

The fact that this can be done by a bureaucratic employee is disturbing enough. But according to a recent press release concerning HB 2551, Game and Fish Director Larry Voyles said, “[C]urrently state law says that if a federal entity establishes regulations related to roads, trails, routes and closed areas, they are automatically codified by Arizona state law and if a person operates outside the parameters of the federal regulation, that individual is automatically in violation of state law.”

That means that this Executive Order enjoys full coverage of Arizona State Law. This means that an employee of the employee of our national government can willey-nilley make a law completely bypassing that nasty old Tenth Amendment, the rights of the citizens of Arizona with no due interference from our State Legislature—not to mention in complete violation of the Constitution of the United States of America. And the State employee of the national employee of the national employee has to enforce it. And all without having to file one campaign finance report.

Get it?

Senator Chester Crandell and The Arizona Game and Fish Commission support the bill, “…but the commissions support is contingent on changes that will be offered by the commission allowing the State of Arizona to decide which federal rules and regulations will become enforceable by state wildlife officers under state law.”

By the way, we are not referring to any old H.B. 2551,

“Amending title 6, Arizona Revised Statutes, by adding chapter 18; providing for the delayed repeal of title 6, chapter 18, Arizona Revised Statutes, as added by this act; relating to financial institutions.”

We are referring to the new and improved H.B. 2551 “strike all” amendment that would,

“Strike everything after the enacting clause and insert:

“Section 1. Section 28-1174, Arizona Revised Statutes, is amended to read:

28-1174. Operation restrictions; violation; classification

&tc., &tc., ad nauseam.

You’re welcome. If we can confuse you any more, then we should be getting a check from George Soros.

Four Arizona House bills to benefit veterans.

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PHOENIX—There are four bills originating in the legislature of the Great State of Arizona from both sides of the aisle to benefit veterans in the State. Benefits would be in the area of employment, taxes, and lower hunting and fishing license fees.

Republican freshman Bob Thorpe of District 6 has introduced two bills. HB 2470(PDF) would create a Hiring Our Heroes award. He has also offered HB 2468(PDF) which would reduce hunting and fishing license fees for veterans.

HB 2470 would add 41-610 to Title 41, Article 7 (Department of Veterans’ Services) of the Arizona Revised Statute to read:

The department [of Veterans Affairs] shall develop and implement a hiring our heroes award to recognize Arizona businesses that provide job opportunities to veterans. The department shall hold an annual awards dinner to recognize Arizona businesses that have demonstrated a commitment to our returning soldiers. The department shall give the winning business a commendation, post the commendation on the department’s website and issue a press release praising the business.

HB 2468 would amend Title 17 of the Game and Fish laws to allow Game and Fish to offer reduced fees to veterans for fishing and hunting licenses. The Bill would amend 17-336 to allow the Game and Fish to reduced fees to honorably discharged veterans based on the number of years served. They would be able to reduce the fees by ten-percent for every four years of the veteran’s service in the military. This would also apply to members who served in the National Guard or a reserve component of the United States military. Those members would have to have been in Arizona for at least one-year prior to their application for the license.

Active duty military in the Great State of Arizona for thirty-days can purchase a residence license for hunting and fishing. The bill would allow them to apply for the same discount fees as the veterans above.

Justin Pierce, Republican from District , has introduced HB 2391 (PDF) which would amend to 43-1022 of the Arizona Revised Statue paragraph 38 which reads:

The full amount received as retired or retainer pay of the uniformed services of the United States by a taxpayer who is an honorably discharged veteran.

On the Democratic side of the aisle, Representative Mark Cardenas from District 19 proposes HB 2484(PDF) which has both Democrat and Republican cosponsors. The bill amends Title 38 and 43 of the A.R.S. concerning tax credits for hiring veterans.

HB 2484 would allow a tax credit for businesses who hire veterans (as defined in 41-601) for tax years from December 31, 2012 to December 31, 2015. The amount of the tax credit would be the lowest of the following:

(1) 10-percent of the salary earned and paid to the employee during the taxable year.
(2) Two-thousand dollars per employee.
(3) Four-thousand dollars for veterans who were honorably separated and has a service-connected disability or is receiving compensation or disability retirement benefits under the laws administered by the Department of Veterans Affairs or the armed services.

People who have a partnership in businesses that hire veterans could receive benefits based on their percentage of ownership.

Challenging elk hunts offered for fall hunting season near Flagstaff

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Hunters that are looking for a physically challenging hunt in an area with limited vehicular access should consider applying for tags for the “Peaks Hunt Area” in Game Management Unit 7 East, just north of Flagstaff.

FLAGSTAFF—For the second year in a row, the Arizona Game and Fish Commission has approved any-elk and antlerless elk tags in the Peaks Hunt Area in Unit 7 East to promote successful aspen regeneration. Approximately 90 percent of all aspen found on the Coconino National Forest are found in this limited hunt area. Recent wildfires have killed some of the adult aspen trees, but have also stimulated extensive sprouting of young aspen that elk prefer to eat especially during the fall. Wildlife biologists believe that by focusing elk management in this area now, chances will increase for robust aspen regeneration.

“We are offering these permits in coordination with the Coconino National Forest as another habitat management tool for aspen regeneration on the Peaks,” says Carl Lutch, wildlife program manager for the Flagstaff regional office. “There are other factors impacting aspen trees, but reducing the number of elk that utilize aspen is one piece of the puzzle in helping aspen recover on the Coconino National Forest.”

For more than a decade, wildlife biologists and land managers have been working to keep aspen stands healthy on the San Francisco Peaks. The U.S. Forest Service has invested more than $600,000 in recent years to promote aspen regeneration in the area through a variety of methods. Monitoring indicates that without intervention many of the aspen in the area could be lost. In addition to browsing by wildlife and livestock, some of the factors that affect aspen health include lack of fire, disease, drought, insects, late frosts, and crowding by other species of trees like conifers. While aspen are short-lived trees that are susceptible to many disturbances, their natural defense is to sprout vigorously from the roots when adult trees die. If sprouts are killed several years in a row, the root system and the trees will eventually die.

Game and Fish and the Forest Service want hunters who put in for this area to know that the hunts are primarily wilderness hunts that are more physically challenging than other hunt areas. These hunts are tailor-made for hunters who want to get away from roads and hunt on foot or horseback. An added benefit to hunters is that the Peaks Hunts are offered at a time of year when elk are rutting and the aspen are in full fall splendor. The unit includes both the San Francisco Peaks and the very scenic Hart Prairie.

The Flagstaff Ranger District on the Coconino National Forest is anxious to help motivated hunters who choose this hunt unit. Limited areas of the unit are closed to horseback access to protect Flagstaff’s water supply in the inner basin. Special regulations also apply in the Kachina Peaks wilderness, but with advance planning this unit provides outstanding opportunities to hunt elk in a remote setting. The Forest Service will have a special link on their website that will provide Peaks Unit hunters with updated information and tips on access into prime hunting locations.

“This hunt unit offers the type of setting you would normally expect somewhere like Colorado or Montana, so the tactics need to be a little different,” says U.S. Forest Service District Ranger Mike Elson. “In addition to providing a unique experience in Arizona, this hunt is also a critical tool in helping us manage for healthy aspen and healthy elk habitat.”

The 2013 Pronghorn and Elk hunt regulation booklet is available now. The deadline to apply for hunts is by 7p.m. on Tuesday, Feb.12.

To view the hunting regulations and apply for fall hunts on line, go to www.azgfd.gov/draw.

Senate confirms appointment of Kurt Davis to Arizona Game and Fish Commission

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PHOENIX – The Arizona Senate on Jan. 11 confirmed Gov. Jan Brewer’s appointment of Kurt R. Davis as the newest member of the Arizona Game and Fish Commission.

“Kurt possesses a wealth of expertise in government, communications and business,” said Gov. Brewer at the time she made the appointment on Dec. 8. “In addition to an eclectic professional background, Kurt is both well-liked and well-versed in issues affecting the Arizona outdoors. He will be a tremendous asset to the Arizona Game and Fish Commission.”

An avid hunter and angler, Davis is currently a founding partner at FirstStrategic Communications & Public Affairs, where he specializes in strategic public policy development for nonprofit clients, issues relating to rural Arizona, and government relations. He also is on the board of directors of Great Hearts Academies, the Arizona Chamber of Commerce, and ASU’s Ramsey Executive Program for Public Policy.
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