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Bear hunt lawsuit is filed on behalf of NJ sportsmen and women

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From the New Jersey Herald:

Hunters sue over bear hunt restrictions

By Bruce A. Scruton New Jersey Herald

Posted: Oct. 5, 2018 12:01 am

A trio of groups representing hunters filed a lawsuit with the state appellate court on Thursday, challenging the governor's order that put state-owned and managed lands off limits to bear hunters.

The groups -- New Jersey Outdoor Alliance, Safari Club International and Sportsmen's Alliance Foundation -- listed four reasons for the court to consider banning the hunt.

The lawsuit's claims include that the state ban violates New Jersey law because it was done without scientific or policy justification and was "instead in fulfillment of a campaign promise."

The suit also claims the state violated federal law by diverting the use of state-managed lands away from the uses mandated by U.S. funding laws and agreements with the federal government; and the state violated its own procedural law by failing to take public comment or consider scientific evidence.

The lawsuit was filed with the Appellate Division of Superior Court because it challenges a final decision of a state administrative agency. It was unclear Thursday evening when the lawsuit would be heard.

The archery segment of the bear hunt is scheduled to begin on Monday. In late August, Gov. Phil Murphy announced that while he couldn't stop the overall bear hunt, he was prohibiting bear hunting from any lands owned or managed by the state Department of Environmental Protection, which includes state parks, state forests and wildlife management areas.

In his run for governor last year, Murphy promised anti-hunting groups that he would cancel the black bear hunting season.

However, in testimony before the state Legislature, then-acting DEP Commissioner Catherine R. McCabe said the state couldn't stop the hunt since hunting regulations are set by the Fish and Game Council, which was acting under an approved black bear management plan.

The council's approved bear hunt for 2018 includes an archery season Oct. 8-13 with the final three days also allowing muzzle-loading rifles.

A second bear hunt segment is scheduled to coincide with the state's traditional six-day shotgun buck season, Dec. 3-8. Muzzleloaders are allowed all days of that season.

The three groups said last month they were considering a lawsuit and asked prospective hunters to step forward if they felt the had been harmed by the governor's action of taking the hunt off state-owned or -managed lands.

With few limitations, such as in state parks near playgrounds or camping areas, hunting for all types of game, with proper permits, has been allowed on state lands. Murphy's restrictions apply just to bear hunting. Other hunting, such as bow hunting for deer, is still allowed in the proper season.

The only publicly owned land open to all hunters in Sussex County is federally owned property, such as the Wallkill River National Wildlife Refuge and the Delaware Water Gap National Recreation Area. In Sussex County, there are no county parks and most municipal parks are restricted because of their size.

Black bear hunting in New Jersey was stopped in the early 1950s when the bear population was at its historic low. Over the next few decades the bear population rebounded, and early this century, the Division of Fish and Wildlife recommended a bear hunt.

The Fish and Game Council authorized a hunt in 2003, and when another was scheduled for 2005, anti-hunting groups filed lawsuits, stopping the hunt.

In 2006, the state Supreme Court ruled that without an approved black bear management plan, the Fish and Game Council could not scheduled a hunt.

Although such a plan was proposed, then-Gov. Jon Corzine ordered his DEP commissioner not to sign the plan.

The plan was adopted under Gov. Chris Christie, and bear hunts returned in 2010 with a five-year management plan in place.

At that time, the black bear population in the northwestern part of the state -- where the bear hunt was to take place -- was estimated to be more than 3,500.

That plan was renewed in 2015, adding the October archery season. Biologists said allowing bear hunting in October would make more bruins available to hunters. In early December, pregnant sows have already denned for the winter and most females with year-old cubs are less active.

"NJOA ( New Jersey Outdoor Alliance) is proud to continue the fight for sound wildlife management," said Ed Markowski, president of the group, on Thursday afternoon.

"New Jersey sportsmen only want access to the lands they pay for and maintain and for wildlife policy to be free from the special interest agendas of anti-hunting extremists and career politicians who are long on rhetoric and short on science," he said.

Sportsmen's Alliance President Evan Heusinkveld said, "It's a sad day when a governor willingly puts his own constituents at risk just to fulfill a campaign promise to a vocal minority. This is political pandering at its finest."

He went on to say that the biologists and wildlife experts within the Division of Fish and Wildlife "use the best available science and practices when evaluating wildlife populations and hunting regulations."

New Jersey has become known for having one of the most-studied black bear populations in North America, with the state's biologists working with experts from several groups and universities.

The population in northwestern New Jersey -- bears have been sighted in every county in the state -- is also among the most dense.

This year, biologists estimated the bear population at about 2,500 in the area of New Jersey west of Interstate 287 and north of Interstate-80.

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Posted (edited)

That’s great to hear but I am really disappointed  that NJ Federation of Sportsman and UBNJ apparently did not step up to the plate. From now on I will be much more careful what organizations I financially support in the future. Hats off to the three groups that stepped up for NJ hunters.

Edited by Joeybeets
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Here's the link: http://www.njherald.com/20181005/hunters-sue-over-bear-hunt-restrictions#//

Look in the comments -- Susan Kehoe posted "This is nothing but a trophy hunt." Which makes me laugh because out of the other side of her mouth she complains hunters kill cubs. So... which is it? Is it a trophy hunt, or a management hunt that allows cubs to be killed? She can't have it both ways, though I have to hand it to her - she keeps trying!!

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56 minutes ago, Joeybeets said:

That’s great to hear but I am really disappointed  that NJ Federation of Sportsman and UBNJ apparently did not step up to the plate. From now on I will be much more careful what organizations I financially support in the future. Hats off to the three groups that stepped up for NJ hunters.

They are both involved.  I recently joined the Federation in part because of that.  

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44 minutes ago, Bucksnbows said:

From the New Jersey Herald:

Hunters sue over bear hunt restrictions

By Bruce A. Scruton New Jersey Herald

Posted: Oct. 5, 2018 12:01 am

A trio of groups representing hunters filed a lawsuit with the state appellate court on Thursday, challenging the governor's order that put state-owned and managed lands off limits to bear hunters.

The groups -- New Jersey Outdoor Alliance, Safari Club International and Sportsmen's Alliance Foundation -- listed four reasons for the court to consider banning the hunt.

 

 It was unclear Thursday evening when the lawsuit would be heard.

 

In his run for governor last year, Murphy promised anti-hunting groups that he would cancel the black bear hunting season.

However, in testimony before the state Legislature, then-acting DEP Commissioner Catherine R. McCabe said the state couldn't stop the hunt since hunting regulations are set by the Fish and Game Council, which was acting under an approved black bear management plan.

 

The three groups said last month they were considering a lawsuit and asked prospective hunters to step forward if they felt the had been harmed by the governor 

Black bear hunting in New Jersey was stopped in the early 1950s when the bear population was at its historic low. 

 

then-Gov. Jon Corzine ordered his DEP commissioner not to sign the plan.

The plan was adopted under Gov. Chris Christie, 

 

New Jersey has become known for having one of the most-studied black bear populations in North America, with the state's biologists working with experts from several groups and universities.

 

1

 

 

Thank you for taking the time to post this article from a newspaper.  Not being a devil's advocate just making some points. In the order posted. " A trio of Groups" what's missing Maybe a Petition signed by Hunters.  Then Unclear when the suit would be heard  ( Before a Liberal Court )  Murphys Promise to ban Bear Hunting was to his base where hunters area Minority.  The DEP said he could not stop the Bear Hunt, which he did not do he just closed State Lands to bear hunting which is under his control to do so. Black Bear Hunting in the 50s was not an actual season as it was part of the 6 Day Firearm season for deer, where if you encountered a bear during the 6 days. you could shoot it. Maybe 1 to 3 was ever taken and only in Sussex County. When the 3 groups said they were considering a Lawsuit and for Prospective Hunters to step forward if they felt harmed _ How many actually did?  Corzine kept His Promise as Murphy has kept his. There is one Group - Entity not mentioned that has not come out in support or stood up to present the need for any Hunt or show support for the many Licence Holders and supports who are affected by the loss of a Hunt. The New Jersey Fish and Game Council. Or any Elected Representatives. AS seen when there are issues with Salt Water Regulations or closings. On the last Statement Nj has become well known yes it has but not by other States with Bigger more involved Programs and Managment. It is NJ pushing an agenda for Grants to Universities and what experts. There always is a Bunch of Experts. Is that the same as Sources.  Like my post or not But this is all Spinning the proverbial Wheel.  The same as The Spinning Wheel turning to Regulate Fire Arms, Ammo. Ownership, Transfering Opps that one is done.  Will Murphy Cut The NJDFAW's Budget.  And the best is smack him in his - gina!    It will all come to a Head when the Bear  Overpopulation has an effect on the General Public.  Anyone recall the Townships that Brought in sharpshooters to Thin the deer herds. Than the Controlled Hunts. As the Snow Flakes fall on The Tree Huggers they will Dig Out Stronger.  All Hunters have is 3 more years till the next election. 

 

 

 

 

 

 

 

 

 

 

 

 

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38 minutes ago, 1957Buck said:

Thank you for taking the time to post this article from a newspaper.  Not being a devil's advocate just making some points. In the order posted. " A trio of Groups" what's missing Maybe a Petition signed by Hunters.  Then Unclear when the suit would be heard  ( Before a Liberal Court )  Murphys Promise to ban Bear Hunting was to his base where hunters area Minority.  The DEP said he could not stop the Bear Hunt, which he did not do he just closed State Lands to bear hunting which is under his control to do so. Black Bear Hunting in the 50s was not an actual season as it was part of the 6 Day Firearm season for deer, where if you encountered a bear during the 6 days. you could shoot it. Maybe 1 to 3 was ever taken and only in Sussex County. When the 3 groups said they were considering a Lawsuit and for Prospective Hunters to step forward if they felt harmed _ How many actually did?  Corzine kept His Promise as Murphy has kept his. There is one Group - Entity not mentioned that has not come out in support or stood up to present the need for any Hunt or show support for the many Licence Holders and supports who are affected by the loss of a Hunt. The New Jersey Fish and Game Council. Or any Elected Representatives. AS seen when there are issues with Salt Water Regulations or closings. On the last Statement Nj has become well known yes it has but not by other States with Bigger more involved Programs and Managment. It is NJ pushing an agenda for Grants to Universities and what experts. There always is a Bunch of Experts. Is that the same as Sources.  Like my post or not But this is all Spinning the proverbial Wheel.  The same as The Spinning Wheel turning to Regulate Fire Arms, Ammo. Ownership, Transfering Opps that one is done.  Will Murphy Cut The NJDFAW's Budget.  And the best is smack him in his - gina!    It will all come to a Head when the Bear  Overpopulation has an effect on the General Public.  Anyone recall the Townships that Brought in sharpshooters to Thin the deer herds. Than the Controlled Hunts. As the Snow Flakes fall on The Tree Huggers they will Dig Out Stronger.  All Hunters have is 3 more years till the next election. 

 

I'm going to give you some free advice.  Take it or don't, your decision.  Your tirades often try to combine 15 different things in a single post.  Try sticking just with the issue at hand and folks will better understand where you are coming from.  And if you knew anything about the Fish & Game Council, you would know they cannot attack the sitting Governor publicly.  Many of them are Federation members, appointed to serve by the Federation.  They know better than any of us what is up.  I was having beers with one just last night, so I do know what I am talking about.  

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19 minutes ago, Bucksnbows said:

  And if you knew anything about the Fish & Game Council, you would know they cannot attack the sitting Governor publicly.  Many of them are Federation members, appointed to serve by the Federation.    

 

Point well taken I just get caught up in the moment.  So as Appointed Federation members remain Mute. Making the Federation subservient.  And cannot speak out against Murphy.  Why have them there? 

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I think he knew it would be overturned that way he looks good to the anti-hunting group

And would cost the hunting organizations money. So let's see what happens

 

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2 hours ago, 1957Buck said:

 

 

Thank you for taking the time to post this article from a newspaper.  Not being a devil's advocate just making some points. In the order posted. " A trio of Groups" what's missing Maybe a Petition signed by Hunters.  Then Unclear when the suit would be heard  ( Before a Liberal Court )  Murphys Promise to ban Bear Hunting was to his base where hunters area Minority.  The DEP said he could not stop the Bear Hunt, which he did not do he just closed State Lands to bear hunting which is under his control to do so. Black Bear Hunting in the 50s was not an actual season as it was part of the 6 Day Firearm season for deer, where if you encountered a bear during the 6 days. you could shoot it. Maybe 1 to 3 was ever taken and only in Sussex County. When the 3 groups said they were considering a Lawsuit and for Prospective Hunters to step forward if they felt harmed _ How many actually did?  Corzine kept His Promise as Murphy has kept his. There is one Group - Entity not mentioned that has not come out in support or stood up to present the need for any Hunt or show support for the many Licence Holders and supports who are affected by the loss of a Hunt. The New Jersey Fish and Game Council. Or any Elected Representatives. AS seen when there are issues with Salt Water Regulations or closings. On the last Statement Nj has become well known yes it has but not by other States with Bigger more involved Programs and Managment. It is NJ pushing an agenda for Grants to Universities and what experts. There always is a Bunch of Experts. Is that the same as Sources.  Like my post or not But this is all Spinning the proverbial Wheel.  The same as The Spinning Wheel turning to Regulate Fire Arms, Ammo. Ownership, Transfering Opps that one is done.  Will Murphy Cut The NJDFAW's Budget.  And the best is smack him in his - gina!    It will all come to a Head when the Bear  Overpopulation has an effect on the General Public.  Anyone recall the Townships that Brought in sharpshooters to Thin the deer herds. Than the Controlled Hunts. As the Snow Flakes fall on The Tree Huggers they will Dig Out Stronger.  All Hunters have is 3 more years till the next election. 

 

 

 

 

 

 

 

 

 

 

 

 

:shock:Help!!

 

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Posted (edited)

Two things

1> The article doesn't mention that the Newark Watershed in Sussex; Passaic and Morris counties is open to the bear hunt. That is unless Baraka decides to go along with Murphy. I haven't heard anything about that yet.

2> Is there going to be an injunction to open the state lands for hunting next week?

Edited by 230jhp

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Good work!  I am kinda waiting for the text/email from the Division advising that Murphy closed the season all together.  As his last ditch effort at screwing the bear hunters.........

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14 minutes ago, LittleM said:

Good work!  I am kinda waiting for the text/email from the Division advising that Murphy closed the season all together.  As his last ditch effort at screwing the bear hunters.........

Then he would look REALLY bad and even *I* could successfully sue him - because in his EO closing off public lands to the bear hunt, he literally, actually ADMITS he has no authority to close the season. How can he, in one executive order, claim to not have the authority, and then follow that up with a executive order doing exactly what his earlier EO said he could not legally do? I can't believe he'd be THAT stupid.

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4 hours ago, Bucksnbows said:

They are both involved.  I recently joined the Federation in part because of that.  

:up: :up:

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