This would definitely be a good way to proceed, because it admits they have standing to do what they have done, and need that changed. However, no government ever willingly gives up power over something once it has it, so it might be a slog. Trying to change the requirement under CDFW rule making  power would be opposed by the person hired to exercise this power, as there is a conflict of interest in them keeping their job.  Always a problem letting this happen before trying to oppose it.

Mike

On 2/20/2016 3:26 PM, Mike Ferro wrote:
[log in to unmask]" type="cite">

Presumably an interested party or group could, with the help of legal counsel, draft recommendations for legislation that would amend, alter, circumvent, etc. these laws. I'm willing to bet that if recommendations were made in such a way that cost to the state and workload were reduced, legislators would be sympathetic. The legislation could then be introduced to any number of states.

It's the same strategy the creationists used to get intelligent design into schools in Louisiana. Only instead of introducing something unconstitutional, this would be for a good cause.

Cheers,

Mike

On Feb 20, 2016 3:32 PM, "Doug Yanega" <[log in to unmask]> wrote:
On 2/20/16 11:52 AM, Ivie, Michael wrote:
To answer one specific question yes the state does have jurisdiction. You cannot hunt in the national forest without a state hunting license.  You cannot fish in the national forest or BLM land without a fishing license which comes from the state. There's nothing intrinsically difference between that and the insect permit. Yes I know you can't Fish
on land but you know what I mean.

These are not equivalent cases; the National Forest Service does not issue hunting or fishing licenses, so there is no conflict of jurisdiction in your example. The National Parks Service DOES issue collecting permits. What's happening is the CDFW is telling the NPS that they should not be granting Federal NPS collecting permits to people who do not already have CDFW collecting permits from the State. This IS a conflict of jurisdiction; as I noted, at least one NPS administrator in California explicitly rejects the CDFW's claims of authority - thereby also directly contradicting your answer.

Peace,

--
Doug Yanega      Dept. of Entomology       Entomology Research Museum
Univ. of California, Riverside, CA 92521-0314     skype: dyanega
phone: (951) 827-4315 (disclaimer: opinions are mine, not UCR's)
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  "There are some enterprises in which a careful disorderliness
        is the true method" - Herman Melville, Moby Dick, Chap. 82

-- 
__________________________________________________

Michael A. Ivie, Ph.D., F.R.E.S.

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