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Hunters win court battle over use of public lands

The lengthy battle over hunting access on dozens of units of the 100 million-acre National Wildlife Refuge System (NWRS) has ended – and hunters can declare a victory!

In April 2011, federal Judge James S. Gwin ruled for sportsmen across America by granting summary judgment in favor of the U.S. Sportsmen’s Alliance Foundation (USSA), the U.S. Fish and Wildlife Service (FWS) and other defendants, while denying a lawsuit aimed at closing hunting on NWRS parcels.
After the ruling, an appeals process was opened, and the clock began ticking. On June 20, the appeal period came to an end with the Humane Society of the United States (HSUS) failing to file an appeal.

“This long-sought win is a great victory for hunters everywhere, and reinforces the process of keeping national wildlife refuges open for hunting, by hunters,” said Bill Horn, USSA director of federal affairs.

The long-running case began in 2003 when the Fund for Animals, which later merged with the HSUS, filed a lawsuit to stop hunting on 39 refuges. The USSA, along with other organizations, intervened on behalf of sportsmen. Anti-hunting groups later expanded the lawsuit to nearly 60 refuges.

The USSA defended the case for eight years, through many rounds of hard-fought and costly briefing, providing stability in the defense as the U.S. attorneys assigned to the case changed frequently over time. Gwin’s April ruling stopped 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 refuge.”

The 1997 Refuge Improvement Act, championed by the USSA, made hunting, fishing and other wildlife-oriented activities priority uses on refuge units. The Act also mandated hunting and fishing activities be “facilitated.” Now, 14 years after passage of the Act, Gwin’s ruling firmly rejects the plaintiffs’ attempt to “end run” the Act.

“The majority of national wildlife refuges were created to be open to hunting, and now hunters everywhere can continue to legally pursue their interests on these great public lands,” said Walter “Bud” Pidgeon, USSA president and CEO. “With the end of this prolonged battle, this solidly reaffirms 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 USSA, 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). The SLDF and SCI are co-counsels and also represent Ducks Unlimited, the National Rifle Assoc., Izaak Walton League, Delta Waterfowl Foundation and California Waterfowl Assoc.

National wildlife refuges provide vast opportunities for hunters seeking waterfowl, big game, furbearers and much more. Refuge hunting provides countless hours of public recreation while also helping maintain optimal wildlife populations.

The NWRS Administration Act of 1966 empowered the FWS to open refuges to hunting when compatible with the purposes for which the refuges were established. Today, hunters can continue to enjoy the benefits thanks to an important judicial win.

Public hearings on deer
hunting rule changes

The Natural Resources Commission (NRC) will conduct two public hearings on proposed changes to deer hunting rules next month. The components of the proposed deer rules changes include modifications to the season structure, bag limits, hunting equipment and licensing requirements. The proposed rule language and fact sheet can be found at www.in.gov/dnr/fishwild/2362.htm
Individuals may provide comments at one of the public hearings scheduled as follows: July 25, Spring Mill Inn, Spring Mill State Park, 3333 St. Rd. 60 East, Mitchell, IN 47446 at 6 p.m. (EDT); and July 26, Community Building, Miami County Fairgrounds, 1029 W. 200 N., Peru, IN 46970 at 6 p.m.

Submit comments regarding the proposed changes to the NRC online at www.IN.gov/nrc/2377.htm by clicking on “Comment on Proposed Rule” next to the “Deer Amendments.” The deadline for submitting comments is July 27.
Comments may also be mailed to: Natural Resources Commission, Indiana Government Center North, 100 North Senate Ave., Room N501, Indianapolis, IN  46204. All comments sent to the NRC regarding the proposed rule changes will be provided to the members and Indiana Department of Natural Resources staff, and will be publicly disclosed and searchable on the Internet and in a paper docket as part of the final report.

Lake Monroe nature day camps
Lake Monroe Interpretive Service will be conducting two Nature Day Camps for youngsters this year.  The first camp will focus on Outdoor Survival Skills and will be held July 19-21. The second will spotlight fishing and will be July 26-28.
Both camps are for children 8-12 years of age. The camps will run from 9 a.m.-12:30 p.m., and campers will need to provide their own sack lunches. The cost of the camp is $30.

Registration forms may be found at the Paynetown Office, 4850 South State Road 446, Bloomington, IN 47401 or online at www.in.gov/dnr/parklake/2420.htm

To learn more about the camps, call the Nature Center 812-837-9967 or the Paynetown Office at 812-837-9546.

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.

6/30/2011