Federal Judge James S. Gwin has ruled in favor of sportsmen by denying a  lawsuit aimed at closing hunting on dozens of units of the 100 million-acre National Wildlife Refuge System.

The long-running case began in 2003 when the Fund for Animals, which later merged with the Humane Society of the United States (HSUS), filed a lawsuit to stop hunting on 39 refuges. The U.S. Sportsmen’s Alliance Foundation (USSAF), along with other organizations, intervened on behalf of sportsmen. Anti-hunting groups later expanded the lawsuit to include more than 50 refuges.

Judge Gwin’s ruling stops HSUS’ attempt at using the National Environmental Policy Act to close hunting on the refuges. In making the decision, the judge noted, “Plaintiffs, however, are not entitled to an inviolate sanctuary for their preferred uses – Congress has determined that, to the extent possible, hunters, fishers, observers, photographers and educators must share the refuges.”

The judge’s ruling relied heavily on language in the 1997 Refuge Improvement Act, championed by the USSAF, which made hunting, fishing and other wildlife-oriented activities priority uses on refuge units. The Act also mandated hunting and fishing activities be “facilitated.”

It is not known if the HSUS will appeal the ruling. “The majority of refuges were created to be open to hunting but relentless attacks by anti-hunting groups forced Congress to spell it out in law,” said Rob Sexton, USSAF vice president for government affairs.

“Now, the courts have once again ruled that hunting is a priority use of refuge land wherever and whenever compatible with wildlife management.”
The U.S. Sportsmen’s Legal Defense Fund (SLDF), the legal arm of the USSAF, has worked since the beginning of the case to defend the rights of hunters and has collaborated with other groups, including Safari Club International (SCI). Together, the SLDF and SCI are co-counsel and also represent Ducks Unlimited, the National Rifle Assoc., Izzak Walton League, Delta Waterfowl Foundation and California Waterfowl Assoc.

National Wildlife Refuges provide excellent opportunities for sportsmen to pursue waterfowl, big game, furbearers and much more.

Hunting is a popular public activity on refuge land and a practical means of maintaining optimal wildlife populations.

The National Wildlife Refuge System Administration Act of 1966 empowered the Fish and Wildlife Service to open refuges to hunting when compatible with the purposes for which the refuges were established.

In 1997, National Wildlife Refuge System Improvement Act went a step further. It ensures refuges are managed for wildlife conservation and hunting and fishing are priority public uses on refuge units.

DNR studies muskies in Lake Webster

A fish-tagging study being done by the Indiana Department of Natural Resources (DNR) Division of Fish and Wildlife is shedding new light on how fast muskies grow in Lake Webster. The results could affect the number of muskies stocked in the popular 774-acre lake in northern Kosciusko County.
The results will also help DNR fisheries biologists determine if the 36-inch minimum size limit should be increased.

“Based on what we know already, Lake Webster has one of the densest populations of muskies in the Midwest,” said Jed Pearson, DNR fisheries biologist for the area. “That’s because we stock fingerling muskies each year in the lake at the rate of five per acre.”

Other states typically stock one or two muskies per acre, and sometimes do so every other year.

“What we don’t know is whether the high density of muskies is affecting their growth,” Pearson said. “A lake can hold only so many fish. When fish densities get too high, there may not be enough food to go around.”

According to him, some anglers claim the average size of muskies in Lake Webster is declining and fewer trophy-size muskies, those more than 46 inches long, are being caught.

Although length data recorded each spring from adult muskies captured during egg-taking operations do not back the claim, DNR biologists are taking a closer look at muskie growth in Lake Webster.

“Adult muskies average around 36 inches long, but we occasionally catch some over 46 inches long during our hatchery egg-taking operations in spring,” Pearson said. “What we want to know is how much a muskie grows each year and how its growth rate in Webster compares to other lakes.”
To study muskie growth, Pearson has tagged more than 1,300 muskies with tiny PIT (passive integrated transponder) tags since 2005. Each fish is measured before the tag is inserted into muscle tissue along the dorsal fin. The tag has a unique numerical code which can be read with a special electronic scanner.

By noting changes in size from when a muskie is first tagged compared to when it is recaptured, biologists get an accurate account of how much the fish grew. “Although we’re just now getting long-term data on growth, we’ve already seen a big difference between male and female muskies,” Pearson said.

Most male muskies stop growing after they reach 36 inches. In contrast, females continue to grow about 1-2 inches per year after they reach 36 inches. Biologists call this “sexual dimorphic growth.” They think it is an evolutionary adaptation in how a fish uses energy and helps the species survive and reproduce.

The difference has management implications. “This means we may want to ignore the males. For management decisions, we plan to focus on how big the females grow,” Pearson said.

“As long as female muskies get bigger at normal rates, we don’t think there is a growth problem.”

Spring Mill State Park needs volunteers

Spring Mill State Park is looking for people to donate two hours of their time this Saturday, starting at 1 p.m. The park is coordinating an “invasive species volunteer strike force” to tackle garlic mustard. Garlic mustard is a non-native, invasive plant threatening the park’s health and biodiversity.

Children as young as five years of age are welcome to participate in the strike force. Garlic mustard is easy to identify and pull. Volunteers will meet at the Camp Store parking lot and should each bring a pair of garden gloves.
For more information, call the Spring Mill Nature Center at 812-849-3534.

The views and opinions expressed in this column are those of the author and not necessarily those of Farm World. Readers with questions or comments for Jack Spaulding may contact him by e-mail at jackspaulding@hughes.net or by writing to him in care of this publication.