Quote:
Originally Posted by maddmatt
question
0-3 mi out are state waters
can feds force a sw lic in state waters?
i know the answers is feds can force anything anywhere but has anyone pursued this angle?
|
Yes. It's settled law. The Fed have almost unfettered power under the Commerce Clause of the Constitution, and it certainly extends to their power to manage migratory species.
They can't tell Massachusetts to impose a license. But what they can, and did, mandate was each state to create a registry of anglers who target migratory species. If a state declined, the Feds would impose a mandatory registry on their own.
The Feds can also force states into complying with things like the old 55 mph speed limit, or the now-universal ,08 threshhold for OUI, by threatening to withhold funding.
Threaded Mode