I'm curious as to everybody's opinion on the following questions;

(1) Is it legal for a State to prohibit a nonresident from operating a commercial enterprise, such as a commercial nuisance wildlife management business, in their State? For example: can Georgia prohibit somebody from South Carolina from operating their nuisance wildlife management business Georgia? If so, why?

(2) Is it legal for a State to prohibit fur trappers from one State from purchasing a nonresident trapping license to trap in their State? Or if it does offer nonresident trapping can the State in question restrict the NRs trapping activity thus giving preferential treatment and advantages to its own residents?

I'm serious about asking this question. I have my reasons and will devulge them at a later time.
Thank you for your opinions and lets keep this civil.

Is it legal for a state to impose those restrictions on non-residents? That I do not know the answer to, I'm not a constituional scholar. but I do know that states do impose restrictions / bans both to nuisance business and to fur harvesters. And from what is in the works around here more sanctions are possible for non residents.

Stirring the pot again K9?

I'm going to take a stab at this. I am reasonably sure that the Constitution prohibits restriction on legal business such as trapping and ADC work. Having said that, I have watched my own city prohibit parking on any of their streets without legal authority. It went to court and the city won. The same way that the state would no doubt win if they were taken to court for not allowing trappers from other states that didn't have reciprocal laws.

If you're talking about unfair laws, which law gives both the state and national government the right to take my hard earned money and give it to people that haven't done a days worth of work for generations? I have never been against proper taxation, but the money needs to be used to fix potholes, not buying pot for losers!

I'd say a state can, that's the beauty of states rights. Now a state can't limit certain NWO's from operating while allowing others, unless they only allow a certain number of out of state permits. That whole process should be spelled out already though.

A resident of MN couldn't open a wildlife control bis here in michigan . but from most states they could

Stay out of Ohio ! But hey can you help tell how to rid coons in a complex in Detroit.

I am guessing if they let you do it...if they say no...you might have to hire a local.

I'm driving the east side or Detroit right now ,where's these coons

If i'm not mistaken, In Georgia, I think you could take the nuisance test and if passed you could pay for an out of state fur trapping license and pay your bond and then you would be licensed. I think the bond is like 5 grand.

PC do you remember the guy down town who was shooting coon and selling them ???

He had a sign in his yard FRESH COON for sale !

Lived in the getto and with soo many empty and vacate buildings he had no problem shooting what he needed.

My best guess would be...

(1) Of course it's legal.

(2) Of course it's legal.

It's legal to sell coon meat here in Michigan

Yes but if you are shooting them in the city with a .22. Just some ol african american thought it would be ok.

Just funny to me...thats all.

I know one thing is that I cannot get a Michigan nuisance licence but people from
Michigan can do bat work and exclutions in WI, not fair to me! Oh well!

I spent the weekend in the flat piney woods near Greenville and Perry Florida. Shortly before I left I had a interesting conversation with a young black man who comes from a family with long history of being raccoon trappers for meat since the Civil war and reconstruction period. His family have been in the business of selling raccoon meat for over 140 years. He has agreed to take me raccoon trapping his families way they use soured corn and he swears by it . He also hunts and traps feral hogs using soured corn . He also plans on taking me to the local butcher who helps him sell raccoon meat legally .

Anyway I am working on a future podcast on Feeding America Raccoon From A Southern Black Community Perspective and should make a great evening. His family traps feral hogs using a old family pit trap for hogs .

^^^ Very interesting !!

Nice Rob I wish I could sell all that meat I get fur trapping

A law passed by any political entity (federal, state, local, etc.)is valid and can/may be enforced.........as long as said law remains un-challenged in the judicial system. Take it up the ladder if you have the will, cash and lawyers.

Phil Nichols hit the nail on the head. Illegal acts are passed everyday by political bodies trying to appease their constituants, but unless somebody, or some organzation, has the cash, the smarts, and the time to fight illegal acts nothing will change.

I asked those questions because a "gentleman" from SD was railing against a former MN resident who moved to SD to get around their nonresident trapping regs yet still held his lifetime trapping, hunting and fishing license in MN. The SD "gentleman" in question started spewing off about the Privileges and Immunities Clause and, I think it was, the Commerce Clause of the US Constitution. So I dug out my research information from a few years back when I wrote a term paper in one of my Business Law courses at college about such abuses by State Fish and Game Departments - in particular, Michigan's DNR and Legislature. Over on lynxcat.proboards.com where this discussion took place, I printed portions of two US Supreme Court rulings, and my interpretations of them, that clearly says that while a State has the right to manage the wildlife within its borders for the benefit of its citizens, the State does not have the right to prohibit, or hinder/restrict, nonresidents from engaging in the same forms of interstate commerce that the residents of the State are allowed to engage in. Trapping and selling fur pelts, and doing adc work, are both commercial enterprises just like commercial fishing, logging, or operating any other business and thus fall under the protection of the Privileges and Immunities Clause and the Commerce Clause of the US Constitution. But according to these rulings the State does retain the right levy taxes, and as such the State can assess a nonresident a higher license fee for their license as long as the license fee isn't so high that it becomes a burden on commerce by becoming prohibitive to nonresidents. Other than that nonresidents are to be afforded the same privileges and immunitites as residents are - in other words the same rules and regulations as residents. For your reading pleasure if you want to look them up the cases I cited were USSC Cases; Baldwin v. Fish and Game Commonwealth of Montana, 436 U.S. 371 (1978) and Toomer v. Witsell, 334 U.S. 385 (1948).

Doug, not stirring the pot, just providing some food for thought and possibly some ammunition for an individual that might want to open an adc business in another state or go to another state to trap where nonresidents are prohibited or greatly restricted.

Pesky, nonresidents are operating their adc businesses within the borders of MI, and they have permits issued by the MDNR the same as some OH and IN pesticide applicators operate in MI under the authority of their pesticide applicators license issued by the MI Dept of Ag.

Rob, good post.

This gentle man who was selling coon was older. Perhaps in his 70's. Most likely had been doing it all his life. That is untill the press got ahold of it. He would set up feeding stations around the area and at night go shine and shoot with a .22 in the city of Detroit. No one really bothered him. In fact there was a small up roar because he then was not allowed ( of course ) to do it any more.

Thats all right Pat I just remember your posts from the past. Always got a good laugh at all the agruing that went on.

You call it arguing, I call it a good discussion.