Any Updates On The Bear Hunt Lawsuit?

[BHC]

I haven't seen any updates online, newspapers, or TV News....any idea what's going on? Last I heard was a judge granted a quick hearing on this subject

[Mixbaghunter]

I was wondering the same thing

[Black Bear Bowhunter]

Maybe anyone from the orgasnizations involved can give an update?

[BHC]

Just heard the ban on the bear hunt will continue

[Mixbaghunter]

O well there's always next year

[Bannock-pt.]

Anyone have any info on how the challenges are going? Where its at in the courts?

[BHC]

https://www.njherald.com/20181118/appellate-court-oks-bear-hunt-ban-on-state-land?fbclid=IwAR3aVZRLFgIFdSiD1zzxRy0-X2A7_K_CiLvBskeITn0lqMtH1BM6Xm_WH2I#//

[stratocaster]

"New Jersey has the right to close its land to a bear hunt, according to a decision handed down late Friday afternoon by the Appellate Division of state Superior Court."  <<<<This alone should scare the living hell out of every hunter in this state.  This means it can close its land to all hunting. 

But the court also ordered that the Office of Administrative Law assign a judge to gather facts as to whether the state's decision, rendered in late August by Gov. Phil Murphy, was "arbitrary and capricious."  So how does the court determine if he was both arbitrary and capricious.  

Capricious :given to sudden and unaccountable changes of mood or behavior.  Arbitrary: unrestrained and autocratic in the use of authority: based on random choice or personal whim, rather than any reason or system

In a side note, the judges wrote, "We note there is nothing nefarious or illegal about a new administration taking authorized executive actions to attain policy objectives that were the subject of a political campaign, so long as those decisions otherwise comport with the law and are not arbitrary and capricious."  So ultimately the court is saying that private land is also under his jurisdiction if banning the bear hunt is the decision.  How does restricting the use of state land for legal purposes comport with state law.?

The judges then noted, "The voters in our democracy ultimately decide if legally-permissible policy choices advocated by a candidate should cause an electoral change."  So his campaign promise to end the bear hunt caused people to vote for him and that is not "arbitrary and capricious"?

In its decision, the appellate court said the administrative law judge will determine what facts are available to quantify the nature of the governor's decision. The three-judge panel also agreed with the state's contention that it was acting as a landlord, not a regulator, when it closed the state-owned property.<<<<So my question is, what are the ultimate rights that the state has as landlord, can it act to regulate speech, religion, assembly?    The most egregious statement is that "the administrative law judge will determine what facts are available to quantify the nature of the governor's decision."  How do you determine what a fact is?  It is either a fact or it isn't.

Now we see clearly why democrats are so dangerous to our freedoms and to freedom in general.  Add in a willing liberal court and you have a recipe for tyranny. 

 

 

[mazzgolf]

So, someone please tell me - what is to stop any governor from closing all public lands from ALL hunting? What makes bear hunting so special?

This is bad news for hunters in NJ if this is left to stand.

[rgw]

10 minutes ago, mazzgolf said:

So, someone please tell me - what is to stop any governor from closing all public lands from ALL hunting? What makes bear hunting so special?

This is bad news for hunters in NJ if this is left to stand.

Nothing

[Daktari]

It's a trial balloon to see if they can, and will, do the same for all hunting...................................

[Haskell_Hunter]

I emailed the NJOA yesterday asking for the docket # of the case so I could download all of the legal filings from Pacer.  Once I hear back I will post all of the legal mumbo jumbo here.

[Devil Horns]

Isn't this our land as taxpayers? Why is the governor the landlord? The taxpaying people of NJ are the landlords.

[mazzgolf]

32 minutes ago, Devil Horns said:

Isn't this our land as taxpayers? Why is the governor the landlord? The taxpaying people of NJ are the landlords.

It's even worse!!!

A lot of our WMA public lands were bought by HUNTERS and ANGLERS, not the NJ taxpayer! And WE (hunters/anglers) pay the operational costs 100%. Not the crazy bear huggers, not the radical environmentalists, not the bird watchers, not the dog walkers - HUNTERS AND ANGLERS do.

https://www.njfishandwildlife.com/wmas.htm

Quote

Initially, the purchase of lands for the Wildlife Management Area System was funded entirely from the sale of hunting and fishing licenses. In 1961, the first of several Green Acres bond issues was approved, enabling the general public to participate in the development of the system. Approximately half of the present system was purchased through the Green Acres bond issues. Operational funding is provided entirely by hunters and anglers. 

So if half were bought through Green Acres, then that means about HALF of all WMA public lands were bought entirely from the sale of hunting and fishing licenses.

On top of that, operational funding is provided ENTIRELY BY HUNTERS AND ANGLERS!

So we paid for half the land, we pay (and STILL pay) entirely for the operational costs... and yet we can't use it.

[Haskell_Hunter]

7 hours ago, mazzgolf said:

It's even worse!!!

A lot of our WMA public lands were bought by HUNTERS and ANGLERS, not the NJ taxpayer! And WE (hunters/anglers) pay the operational costs 100%. Not the crazy bear huggers, not the radical environmentalists, not the bird watchers, not the dog walkers - HUNTERS AND ANGLERS do.

https://www.njfishandwildlife.com/wmas.htm

So if half were bought through Green Acres, then that means about HALF of all WMA public lands were bought entirely from the sale of hunting and fishing licenses.

On top of that, operational funding is provided ENTIRELY BY HUNTERS AND ANGLERS!

So we paid for half the land, we pay (and STILL pay) entirely for the operational costs... and yet we can't use it.

WMAs don't matter.  The Wanaque WMA was handed over to Ringwood State Park and is no longer a WMA.  Did they transfer the money back into the WMA fund?  Nope.  Did hunters and anglers get a say in this?  Nope.  Did any of our outdoor organizations in the state make a fuss about it?  Nope.

Laws don't matter to progressives.  They break them at every opportunity and then stick it to the hard working people who contributed actual dollars for things.