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#208846 - 08/31/03 09:25 PM Who's getting screwed-read state Constitution
cowlitzfisherman Offline
Three Time Spawner

Registered: 06/14/00
Posts: 1828
Loc: Toledo, Washington
Did we sport fishermen get a fare shake?

Here's one for you guys to chew on!!

I couldn't understand why special interest groups like the "commercial gill netters" and the "Charter" boater boys are getting so many "special privileges" i.e., they get to "sell" their licenses for way more then they had originally paid for them, while we can not even sell ours!

And no one can get "get a new one" without buying out an existing one! We can't even "sell" our licenses, but they can!

We all know, because of the Boldt decision, that "all fishing" in Washington State is not to be considered to be "rights". All fishing in our state is legally considered to be a "privilege" for us! "Fishing Rights", according to our states highest courts, are only held for the "native American Indian"…right? So according to our courts decisions, we only have fishing "privileges" now, and they are not "rights"…right?

So how does the "Commercial gill netters" and the "Charter boat" boy's get to have so many special "privileges" that are different then the ones that you or I have?

They (the commercials and charters) are allowed to "sell" and "transfer" their licenses for whatever the market "will bare", yet we are not allowed to do so! Guides are not even allowed to sell or transfer their licenses, but yet the commercial and the charters boys are! The Commercial and Charter boats boys are allowed to "hold" their licenses, while we are not! The Commercial boys and Charter Boats boys are allowed to "transfer" their licenses in cases of death, but we and the guides are not! The commercial boys and charters are not charged a transfer fee, but yet, we must pay for a lost, or duplicate license!

If you'll just take a few minutes out to read our States Constitution, you will probably really start to think even more! You will quickly see that you are, and have been, screwed by these special interests, and also see how our States Constitution has been manipulated by these same special groups.

Is State Constitutional law being broken, or are we just being screwed?

Article I: Declaration of Rights

SECTION 8 IRREVOCABLE PRIVILEGE, FRANCHISE OR IMMUNITY PROHIBITED.
No law granting irrevocably any privilege, franchise or immunity, shall be passed by the legislature

SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED.
No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.

SECTION 28 HEREDITARY PRIVILEGES ABOLISHED.
No hereditary emoluments, privileges, or powers, shall be granted or conferred in this state.

SECTION 30 RIGHTS RESERVED.
The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people
ARTICLE II
SECTION 18 STYLE OF LAWS.
The style of the laws of the state shall be: "Be it enacted by the Legislature of the State of Washington." And no laws shall be enacted except by bill.

EXAMPLE: WAC 220-20-056 Commercial fishing license renewal upon the death of the holder. Upon the death of a commercial fishing license holder or commercial fishing permit holder, any license or permit that requires annual renewal in order to be renewed in a subsequent year, and which was not renewed in the licensing year of the license or permit holder's death, may be renewed by the license or permit holder's personal representative, surviving spouse, estate, or estate beneficiary during the next licensing year after the licensing year in which the death occurred, by payment of the license fees for both the year in which the death occurred and the current licensing year. If the license is not renewed in the licensing year after the licensing year in which the death occurred, the license may not be renewed thereafter.

Who's really got "special privileges"? Do you believe that we did?

_________________________
Cowlitzfisherman

Is the taste of the bait worth the sting of the hook????

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#208847 - 09/01/03 09:46 PM Re: Who's getting screwed-read state Constitution
Huntar Offline
Returning Adult

Registered: 06/23/99
Posts: 391
Loc: Yakima, WA
Guide lic and recreational lic are not limited as to how many can be issued.
The commercial lic. were limited by moratorium, as to the number that can be active in a given year. Also, if they don't use it, I believe they lose it - permanently.
Since the state no longer issues these lic. (they only renew them), they allow them to be sold/transferred. (This is one of the ways they limit commercial impact on sports fish.)

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#208848 - 09/02/03 03:57 PM Re: Who's getting screwed-read state Constitution
Blue Duck Offline
Fry

Registered: 07/21/03
Posts: 27
Loc: Woodinville
I apologize because this is off the subject of this thread, but it prompts a question I've had for some time. Could the following section be applied as an argument to the Treaty with the Native North American's here in Washington State or do we still have the Federal legal decision as an overriding ruling?

SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED.
No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.
_________________________
Beware of the man with only 1 fishing rod, he probably knows how to use it.

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