Proposition 201 really started with Proposition 200 in 1992. Proposition 200 would have effectively banned hunting, fishing, and trapping in the state.
The following year Proposition 201 was on the ballots. With the war chest used up from the year before, the ATA knew their backs were against the wall. The hunting and fishing groups that had pulled together so well the year before now failed to support the ATA in this endeavor. It wasn't their fight. Only now do they realize how wrong they were.
The passing of Proposition 201 affects every sportsman. Arizona was only a building block for the Anti groups. Their efforts in 1994 just fanned the flames. Next on the list was Colorado and Massachusetts, and then California. Who is next? Note what happened in Arizona, and don't let this happen in your state. Wildlife management based on emotion is poor wildlife management.
We currently have two cases in the courts. The first case has been ongoing since a year after the initiative. Two Arizona trappers, one resident and one nonresident, purposely sent traps in Yavapai County with the intent to get the case in the courts. It was our stance from the beginning that the passing of Proposition 201 was unconstitutional. After a lengthy period, the Yavapai county judge ruled it unconstitutional. It was a great victory for the ATA. But, the victory would be short lived.
At that time the case had stalled. Four more Arizona trappers placed traps on public land in four separate counties. This effectively got the case into the next highest court. Our excitement from the prior victory was quickly squelched when the judge upheld Proposition 201. We filed an appeal right away, and the case then went to the appellate court. Once again, it was upheld, and this is where we stand now. The case is waiting review by the Arizona Supreme Court.
The second case was filed by the Arizona Trappers Association with help from the NTA. This case challenges that Proposition 201 violates the public trust doctrine. The case is similar to the ones filed in California and Colorado.
At this time, we all have our fingers crossed, hoping to put this all behind us. The ATA decided when this all began, that we would fight to the bitter end. We refuse to give in to the Anti's views, that wildlife management should be based on emotion, and not on science.
New Information As regrettable as it is to report we have lost our fight to overturn
"Prop 201". We have been actively trying to overturn this proposition since it passed in 1994. It has been a long, slow fight. We won the first level of court, which was the Justice Court. But since that time
we have faced many delays and several thousands of dollars. From the Justice Court we went on to the Superior Court, in which we lost. Then we appealed that ruling and once again lost with a ruling from the Court of Appeals. From there we went on to the Supreme Court where we petitioned for a review. To our disappointment the Supreme Court refused to hear our case and upheld the Court of Appeals ruling.
It has become very apparent that there is a lot of political manipulation that has cost us a lot of money, many delays, and rulings against us. We
made an oath when we started fighting this case that we would not stop if there were any possible hope of overturning this Proposition. We still do at this time have a very active case ongoing which is the
Public Trust Doctrine. This case is the case that was begun by Steve Boynton, chairman of the Ballot Issue Coalition and Attorney for the NTA. We have every reason to believe this case is a much better way to go. We used this issue in the beginning of our case against 201. It was not used to the extent that it will be tried, as it is on its own. Because
of the apparent political issues involved in our case against 201 it was decided that we would not push the public trust issue in this case. We did not want to have a ruling against trapping alone that was not in our favor and then for the courts to tell us this issue was already heard. Fighting this issue as a wildlife management issue will gain us a much
stronger case and with all of the Plaintiffs on this case makes it a wildlife management issue and takes it away from just trapping. We have every hope that because of this we will succeed and eventually be able to get the trapping ban overturned on the Public Trust issue. We are not done fighting yet and we would like to thank everyone for his or her strong support over the last 6 ˝ years not only financially but
also mentally. Without the support from our fellow trappers across the country we never would have made it this far. For that we are indebted to your loyalty. We also have an inniative that will be on the ballot this year requiring a 2/3 majority in regards to any wildlife management issue. With that
we hope we can stop the anti hunters from taking any more away from us in Arizona. If this Proposition passes it will make a major statement to the anti groups. As I am thanking you for your past and future support in our endeavors I ask you to please make sure you are a member of your own State
Organization and the National Trappers Association. We will only win against these anti hunters by stay strong in numbers and supporting the associations that are fighting for your rights daily.I also ask you to please help the others that are fighting for their rights. California and Colorado are actively trying to overturn the ban on their trapping rights. Oregon and Washington are fighting issues that will be on their ballot this November that will take away their privileges to trap in their States. Please do what you can to show them your support. Once again from myself and on behalf of the Arizona Trapper's
Association, thank you for being here with us and showing your support over the last many years. This fight against the anti hunters is one we must fight together. We will keep for posted of any further updates. Thank You, Cindy Seff - President Arizona Trapper's Association
Legislative Legal Report
January 31st, 2004
Sad to say after 10 years in the court system, the Arizona Trappers Association has determined that there is no point in moving on in their attempts to overturn Prop 201. Which banned trapping on State and Federal lands in Arizona.
We have tried every avenue available from constitutionality, public trust, enabling act, discrimination and interstate commerce to no avail. The problem lies in the court system not wanting to rule or prosecute this issue.
The last attempt on the issue was the public trust. The court ruled that it is not worth the courts time or resources to litigate this matter.
With that said the Arizona Trappers Association Board of Director’s voted to explore the avenue of legislation to overturn the ban. It was not clear if legislation would overturn part of the ban or the complete ban on trapping. A vote from the Board of Director’s was made to retain a Lobbiest firm to investigate the options.
There was a decision made to do this effort in Two Phases. Phase One was to lobby legislators to see the feasibility of such efforts. If it were decided to proceed Phase Two would be to write a bill with such language that Phase One would produce.
Phase One has been completed and it has been determined that there was a very good chance to get legislation written and passed. With that said the Governor of Arizona would have to sign the bill. It was not felt that the Governor would sign the bill and even though there would be enough votes to support the legislation there would not be enough votes for a complete override.
After examination was made of these findings the Arizona Trappers Association has determined the best route in these efforts is to let the Wildlife Organizations of Arizona proceed with this issue.
There have been many requests in the State by Wildlife Organizations that contribute hundreds of thousands of dollars to wildlife management to come up with a study and predator management plan based on that study within the state. The Arizona Game and Fish has initiated and continues to pursue such a study.
These groups contribute much money and man-hours in wildlife, waterhole, fencing and relocation efforts within the state. There is a mutual feeling between the Arizona Game and Fish Department and sportsmen that there are issues with predator depredation on large and small game as well.
It has been recommended that the Arizona Game & Fish Department conduct a more comprehensive study to show the effects of the predator on the various prey species in Arizona. Such a study would measure the effects of “ trapping in one area” and “not trapping” in a similar populated area. The study could be done either at the direction of the Game and Fish Commission, at the request of a Legislator who has interest in this issue or by joint legislative study committee direction.
This will take the issue completely away from trapping and gear it towards the bigger picture. It is felt that trapping is an important and viable tool used in predator management. It is felt that if a study of the areas that lost trapping i.e. State and Federal lands is completed they can use the data to see the overall effect of areas still trapped.
Clearly this effort will not be completed over night. It is something that will take a couple years to complete. It is felt that with this information there would be enough scientific and educated data to have the Department or Wildlife Organizations run something to overturn this ban.
We are no surer of these efforts than we were in the beginning. But it is felt we will never gain anything in the court system. We need Biological and Educated studies to ever gain on this issue.
There are two primary benefits from utilizing this approach. First, there will be no additional cost to the Arizona Trappers Association, as the Arizona Game and Fish Department will bear the burden and second, the focus will be on maintaining balance between predator and prey species rather than the single issue of trapping.
There are plans in place to begin these efforts but to date there is nothing in specifics to report. As further information becomes available we will keep you informed.
Cindy Seff, President Arizona Trappers Association
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