Federal appeals court upholds North Dakota hunting restrictions

[JohnWester]

BISMARCK, N.D. - North Dakota's restrictions on nonresident hunters have been upheld by a federal appeals court, which rejected a challenge from Minnesota.

North Dakota allows residents to hunt ducks and geese a week earlier than nonresidents, and the state charges out-of-state hunters more for licenses. Minnesota officials argued that the restrictions discriminate against outsiders and violate interstate commerce provisions.

The 8th U.S Circuit Court of Appeals ruled Thursday that Congress allows states to regulate such activities.

In discussing the interstate commerce issue, the judges said congressional action "has made Minnesota's contention constitutionally moot."

They cited a Montana case in rejecting Minnesota's contention that North Dakota rules are discriminatory.

"Just like Montana elk hunting, waterfowl hunting in North Dakota is a recreation and a sport," the panel's ruling said. "Waterfowl hunting does not provide a means to the nonresident's livelihood. Equality in access to North Dakota waterfowl does not constitute a fundamental right basic to the maintenance or well-being of the Union."