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N. Ind. city allowing goose hunting on golf course

Full story: Chicago Tribune

A northern Indiana city is allowing goose hunting on a golf course where a large flock has been causing damage.

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Bob Heiney

Jackson, GA

Judged:

Isn't this a violation of an early 1900's treaty that prevents US citizens from hunting migratory birds?

Fox News

Chicago, IL

Bob Heiney wrote:

Isn't this a violation of an early 1900's treaty that prevents US citizens from hunting migratory birds?

Liberal

Marxism in America

Jackson, GA

Fox News wrote:

<quoted text>
Liberal

Actually I'm not. But you should be aware that treaties signed by the Federal Government can supercede local and state laws rendering them essentially useless. This occured in the 20's in MO when a Federal Game Warden cited a local hunter for shooting some game bird 'illegally'. The defense attempted to circumvent the Game Warden on states rights grounds but the Treaty was held over the states rights as the Law of the Land. That's why every treaty this out of control federal government asks to sign must be scrutinized closely.

Lynn

Spencer, NY

Bob Heiney wrote:

Isn't this a violation of an early 1900's treaty that prevents US citizens from hunting migratory birds?

The treaty does not prohibit US citizens from hunting migratory birds but rather gives the federal government authority for establishing regulations governing hunting. I am sure that the hunt will occur during the already established goose hunting season or under established procedures for special permits.

Bob Heiney

Jackson, GA

Hi Lynn,

We may be talking about two different things here but I quote from Michael Ferris, Esq. HSLDA:

"In Missouri v. Holland, 252 U.S. 416 (1920), the state of Missouri challenged the
constitutionality of federal interference with the state hunting laws concerning migratory
birds. Federal game officials had intervened in Missouri based upon a treaty with Canada.
The United States Supreme Court ruled that the treaty, and not Missouri’s state laws on
hunting, was supreme. State law—including state hunting laws—must give way to treaties."

I wonder if this applies to the hunt referenced in the news article?

Lynn

Spencer, NY

The federal government (US Fish and Wildlife Service)sets the overarching framework for both the regular hunting seasons and any control activity outside of the seasons. The states then operate within the boundaries of that framework.For example, here in New York State, the Department of Environmental Conservation waits to see what regulations the feds will issue for the fall hunting season. The DEC then sets its regulations. The state can be more restrictive (as fewer hunting days) but not more liberal. BTW, I am from western NYS; I do not know why this blog says that I am from Brooklyn.

W A Williams

Rochester, IN

Bob Heiney wrote:

Isn't this a violation of an early 1900's treaty that prevents US citizens from hunting migratory birds?

First incorrect item, the geese are not migratory. There ancestors, parents, may have been migratory, but these geese stay all year around. They DO NOT return to Canada in the summer breeding season, they stay here and breed, to wit, resident geese. So, does the law really apply?

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