preacher,
49er, are you taking the position that hunters have a constitutional right to use dogs to hunt deer?
I'm taking the postion that all of us have the right to hunt.
That right can only be restricted lawfully by laws and rules that are constitutional.
The DCNR rules that restrict dog hunting are implemented on a local basis to appease landowners and leaseholder who complain in those local areas. Our consitution forbids such local laws, as indicated in the caselaw I referred to above. General laws apply to the state as a whole.
I never thought it should be legal for somebody to send their dogs across my land, and do it day after day.
It wasn't legal if you warned the owners not to allow the dogs to trespass on your land. If you didn't press charges against the dog's owners or sue for trespass that was your own choice.
It's not constitutional for the CAB and commissioner to abuse authority to set hunting seasons to address your trespassing complaint.
The law defines the purposes for setting hunting seasons and regulating the manner and means used for hunting. It is only constitutional for the DCNR to implement rules that are necessary to administer the laws that have been written by our legislature.
Section 9-2-7
Commissioner of Conservation and Natural Resources - Powers and duties as to game, fish and seafood generally.
(a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided.
(b) The commissioner is empowered to do all of the following:
... (6) To regulate the manner, means, and devices for catching or taking game fishes, game birds, game, and fur-bearing animals and the manner, means, and devices for catching or taking all other species of fish not designated as game fish.
The lawfully defined purposes for our game and fish laws do not include protection of the private property rights of landowners and leaseholders. Some of the other general laws of our state do include those purposes.
It is unconstitutional for a state agency to legislate rules that do not administer those laws written by the legislature that authority has been delegated to administer. Local dog hunting permit rules and local bans on dog hunting to appease complaints of property owners and leaseholders in specific local areas are unconstitutional.
