alyeska338
12-10-2003, 09:24 AM
New Jersey Bear Hunt Proceeds:
Federal Court Rules Against Animal Extremists
TUCSON, Ariz., Dec. 10, 2003 ― Safari Club International today announced that the U.S. District Court for the District of Columbia has ruled against a motion for a temporary restraining order to prohibit a six-day black bear hunt authorized by the State of New Jersey.
“An excellent legal analysis of the issues! The federal court’s action reinforces what Congress has specifically and repeatedly affirmed,” said Gary F. Bogner, SCI President. “State’s rights to manage our precious and renewable wildlife resources must not be undermined. The New Jersey-mandated bear hunt can occur on the federal lands of the Delaware Water Gap National Recreation Area.”
On Dec. 1, The Fund For Animals, the Humane Society of the United States and the Center for Animal Protection filed their motion to stay the hunt. SCI promptly filed its application to participate in the case and four days later the Court welcomed SCI’s motion to intervene, recognizing SCI as a leader in protecting the freedom to hunt and in promoting wildlife conservation worldwide.
The parties presented argument on whether the hunt should go forward on federal lands at a Dec. 5 hearing. After taking the matter under advisement for a few days, the Court yesterday issued its opinion and denied the plaintiffs’ three claims. The Court did not agree: that the bear hunt violated the Delaware Water Gap National Recreation Area’s enabling legislation; that the Secretary of the Department of the Interior had a duty to conduct an environmental analysis regarding the impact of the bear hunt; or that the National Park Service neglected obligations defined in the National Park Service Organic Act.
In his Dec. 8 ruling, United States District Judge Reggie B. Walton confirmed that “the State of New Jersey, not the Federal Defendant, may or may not choose to permit hunting of bears within their borders.”
He reminded the litigants of the statute saying “The Secretary of the Interior shall permit hunting and fishing on land and waters under his jurisdiction … in accordance with the applicable laws and regulations of the States.”
He noted “that the statutory language is unambiguous and clearly supports the Secretary’s conclusion that she need only promulgate regulations if she exercises her discretion to place limitations on hunting or has ‘provid[ed] areas for intensive fish and wildlife management.”
Judge Walton then found that the National Park Service “had no statutory obligation to conduct a formal impact study,” that NEPA requires an impact statement “only when there is a ‘major’ Federal action,” and that the plaintiffs were unlikely to prevail with their argument concerning the Organic Act.
Federal Court Rules Against Animal Extremists
TUCSON, Ariz., Dec. 10, 2003 ― Safari Club International today announced that the U.S. District Court for the District of Columbia has ruled against a motion for a temporary restraining order to prohibit a six-day black bear hunt authorized by the State of New Jersey.
“An excellent legal analysis of the issues! The federal court’s action reinforces what Congress has specifically and repeatedly affirmed,” said Gary F. Bogner, SCI President. “State’s rights to manage our precious and renewable wildlife resources must not be undermined. The New Jersey-mandated bear hunt can occur on the federal lands of the Delaware Water Gap National Recreation Area.”
On Dec. 1, The Fund For Animals, the Humane Society of the United States and the Center for Animal Protection filed their motion to stay the hunt. SCI promptly filed its application to participate in the case and four days later the Court welcomed SCI’s motion to intervene, recognizing SCI as a leader in protecting the freedom to hunt and in promoting wildlife conservation worldwide.
The parties presented argument on whether the hunt should go forward on federal lands at a Dec. 5 hearing. After taking the matter under advisement for a few days, the Court yesterday issued its opinion and denied the plaintiffs’ three claims. The Court did not agree: that the bear hunt violated the Delaware Water Gap National Recreation Area’s enabling legislation; that the Secretary of the Department of the Interior had a duty to conduct an environmental analysis regarding the impact of the bear hunt; or that the National Park Service neglected obligations defined in the National Park Service Organic Act.
In his Dec. 8 ruling, United States District Judge Reggie B. Walton confirmed that “the State of New Jersey, not the Federal Defendant, may or may not choose to permit hunting of bears within their borders.”
He reminded the litigants of the statute saying “The Secretary of the Interior shall permit hunting and fishing on land and waters under his jurisdiction … in accordance with the applicable laws and regulations of the States.”
He noted “that the statutory language is unambiguous and clearly supports the Secretary’s conclusion that she need only promulgate regulations if she exercises her discretion to place limitations on hunting or has ‘provid[ed] areas for intensive fish and wildlife management.”
Judge Walton then found that the National Park Service “had no statutory obligation to conduct a formal impact study,” that NEPA requires an impact statement “only when there is a ‘major’ Federal action,” and that the plaintiffs were unlikely to prevail with their argument concerning the Organic Act.