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NJ: Judge gives bear hunt a shot

Josey1Josey1 Member Posts: 9,598 ✭✭
edited October 2004 in General Discussion
Judge gives bear hunt a shot

Posted Thursday, October 28, 2004 by Webmaster

By JOHN T. SANDERS
Herald Staff Writer

Bear hunt advocates have been given a courtroom victory, however, whether the 2004 hunt will proceed as scheduled remains locked in the legal process.
Wednesday afternoon, Judge Jane Grall ordered the state Department of Environmental Protection to accept bear permit applications for this year's December 6-11 hunt.
The order by Grall, of the Appellate Division of Superior Court, comes in response to Environmental Commissioner Bradley M. Campbell's continued opposition to the hunt.
Campbell maintains the applications were not authorized and are therefore invalid.
The order gives Campbell until 4 p.m. Friday to respond to the Oct. 14 lawsuit brought by the New Jersey Federation of Sportsmen's Clubs, the U.S. Sportsmen's Alliance Foundation and three New Jersey hunters. The suit alleges the commissioner overstepped his authority by refusing to issue permits for a hunt sanctioned by a state game panel last summer.
On Tuesday, Campbell raised the stakes in the ongoing dispute by closing all public lands under the DEP's control to a hunt and directing the state Division of Fish and Wildlife to not issue bear hunting permits.
Elaine Makatura, a spokeswoman for Campbell, said the judge's order pertains only to accepting permit applications, not processing them. She said the department has been accepting permits; nearly 3,200 have been submitted so far.
Previously, Campbell directed the state Division of Fish and Wildlife to not release 2004 bear hunt permit applications, and to not issue permits for the hunt.
Campbell said that the DEP did not have the time, funding, staff, or other resources to hold a 2004 hunt, citing that the organization already suffers from between a $2 million to $4 million operating deficit.
In a telephone interview Wednesday evening, Campbell said that the 2003 hunt, the first state black bear hunt in 33 years, had cost the DEP more than $150,000. "That doesn't include park services," added Campbell who said that park employees were paid overtime during a bear hunt.
Campbell also maintained that if a hunt were to go forward, the DEP would lose additional resources needed to investigate bear contraceptive techniques. He said that the techniques need to be further studied in order to deal with long-term problem of bear overpopulation.
According to Richard Peter, co-owner of Simon Peter Sports Company in Andover, statements made by Campbell over the past few weeks have had little impact on his business. Like many other sport companies throughout the state, Peter's business provides permit applications to hunters, who are then responsible for correctly filling them out and sending the forms back to the state for permit approval. Bear hunting permits will only be issued to hunters who have completed a bear hunting safety course.
"I've planned on distributing them (permit applications) since day one," said Peter. "I haven't been informed not to distribute them."
However, Peter said that there has not been a large demand for the applications for the hunt.
"The percentage of the population that actually cares about this (bear hunt) is minuscule," said Peter. "If this were any other state, it would not be an issue. The only reason it's an issue here is because the media keeps bringing it up."
Peter predicts that if the hunt goes forward, like last year's hunt, fewer than 10,000 permits will be issued.
Campbell said that he is "confident" the court will rule against the hunt. He also intends to stick with his plan to bar hunting on state land.
Edward O'Sullivan, 52, of Sussex, a member of the U.S. Sportsmen's Alliance Foundation and one of the plaintiffs in the lawsuit, said he had not seen the judge's order as of Wednesday evening.
However, he said that Campbell's opposition to the hunt is not proper.
"The Fish and Game Council has the authority to set the hunting season, not (Campbell)," said O'Sullivan.
O'Sullivan, a hunter of 40 years, said that Campbell should "let the professional wildlife people handle this."
In July, the state Fish and Game Council approved a six-day hunt, and earlier this month began providing permit applications to hunters. The panel also extended the application deadline to Oct. 30.
The 11-member council, appointed by the governor and empowered by the Legislature, sets the hunting and fishing seasons. It is independent of the Division of Fish and Wildlife, the agency within the DEP that enforces the hunting rules.
Last year, hunters killed 328 bears during the bear hunt.
The Sportsmen's Alliance embraced Grall's action. "The judge's order means that sportsmen can continue to apply for the 2004 bear hunt while the lawsuit is being decided. We encourage those who have been hesitant to apply to do so now," said Rob Sexton, a spokesman for the foundation.
When the court will rule on the lawsuit has yet to be determined.
Associated Press reports contributed to this story.

http://www.njherald.com/news/newspro/viewnews.cgi?newsid1098972533,33010,

GEORGE WASHINGTON (First President)
"Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference. When firearms go, all goes, we need them every hour." (Address to 1st session of Congress)

Comments

  • beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    quote:"The percentage of the population that actually cares about this (bear hunt) is minuscule," said Peter. "If this were any other state, it would not be an issue. The only reason it's an issue here is because the media keeps bringing it up."

    If the hunt goes forward, like last year's hunt, fewer than 10,000 permits will be issued. Campbell said that he is "confident" the court will rule against the hunt. He also intends to stick with his plan to bar hunting on state land.


    What a bone headed thing to say.

    The media "keeps bringing it up" because it sells. . .ie because people care about that story! Its an "issue" not because of the number of bears or hunters per se, but because some beaurocrat is acting above their pay grade and taking it upon themself to decide the state's hunting policy.

    Furthermore, even if the issue is only directly relevant to a small number of citizens, that doesn't make it unworthy of state attention.
    How many people are actually interested physician-assisted suicide? How many people are affected by "triple-strike" crime laws? How many gay people actually want to get married? How many times a year do cops in NJ pull over motorists based on their race?

    10,000 people (permits) seems like a pretty significant number to me!
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