Judge Bans Refuge Hunting

[Jekemi]

In the continuing saga of Hunters Rights being restricted:

On August 31st, U.S. District Court Judge Ricardo M. Urbina handed down a decision that likely will outlaw hunting on 37 units of the 100-million acre National Wildlife Refuge (NWR) System. Included in the 37 units named in the 2003 lawsuit brought by the Fund for Animals, (which has since merged with the Humane Society of the United States), are the McNary NWR located near Burbank, WA and the Julia Butler Hansen NWR near Cathlamet, WA. Preliminary indications are that the decision will require the USF&W to perform costly and lengthy studies on the environmental impact of hunting on the entire refuge system before it can expand hunting opportunities on any refuge. The Sportsmen’s Legal Defense Fund (SLDF) is urging the U.S. Fish and Wildlife Service (USF&W) to appeal the decision. The USF&W already studies the impact of hunting on refuges through the required refuge plans it completes as well as national migratory bird studies. Adding more studies only succeeds in miring down the process so that no one will be able to hunt on refuges. The decision also runs contrary to current law. According to the U.S. Sportsmen’s Alliance (USSA), in 1966, and again in 1997, Congress expressly recognized the legitimacy of hunting on units of the refuge system and directed the USF&W to facilitate and increase these opportunities whenever they are determined to be compatible. The USSA, which manages the SLDF, will seek redress from Congress on this decision which seems to run directly against the previous directives of the Congress. The SLDF collaborated as defendant interveners in the case with Safari Club International, Ducks Unlimited, Delta Waterfowl, Izaak Walton League and the California Waterfowl Association. The SLDF is the nation’s only litigation force that exclusively represents sportsmen’s interests in the courts. It defends wildlife management and sportsmen’s rights in local, state and federal courts. In addition, the SLDF assists government lawyers who have little or no background in wildlife law. Please support the SLDF in its efforts to appeal this decision.

[hard hunter]

Just found this:

Judge Grants Partial Dismissal of Lawsuit to Close Hunting on Refuges
Environmental assessments not needed for each individual refuge
September 26, 2005 (National)


(Columbus) – A federal district court Judge today granted a motion for partial dismissal of a lawsuit brought to ban hunting on the National Wildlife Refuge (NWR) System.  The victory sets a precedent that will protect hunting in future federal cases.

The U.S. Sportsmen’s Legal Defense Fund (SLDF), Safari Club International,   and the U.S. Department of Justice moved for a partial dismissal of the suit brought by anti-hunters.  It claimed the U.S. Fish and Wildlife Service (USFWS) violated federal policy by not assessing environmental impacts before publishing its 2000-2005 Strategic Plan.  The plan calls for an increase in wildlife dependent recreation, including hunting.

Judge Ricardo Urbina, U.S. District Judge for the District of Columbia, granted the motion for partial dismissal, ruling that since the goals outlined in the strategy are not final agency action there is no need for comprehensive environmental studies.

A key element of the decision supports the SLDF’s argument that the USFWS is not required to complete environmental assessments for each individual refuge that it opens to hunting. It may prove to be a major factor in resolving the case in favor of sportsmen and wildlife managers. The judge underscored the fact that the ultimate decisions regarding the use of the refuges, including hunting, are made at the individual refuge level. 

“The Fish and Wildlife Service is required to set forth a strategic plan that outlines goals for the agency,” said U.S. Sportsmen’s Alliance Senior Vice President Rick Story. “The ruling that federal environmental policy does not apply to these plans sets a precedent for any future anti-hunting challenges.”


Judge Urbina’s partial decision is one piece of the puzzle.  The decision is part of a lawsuit that anti-hunting plaintiffs filed in 2003 to challenge the USFWS’s decision to open hunting on 39 refuges since 1997.  The SLDF joined the case to ensure that hunters’ interests are directly represented before the court.

The U.S. Sportsmen’s Legal Defense Fund is the nation’s only litigation force that exclusively represents sportsmen’s interests in the courts.  It defends wildlife management and sportsmen’s rights in local, state and federal courts.  The SLDF represents the interests of sportsmen and assists government lawyers who have little or no background in wildlife law.