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Federal court rules to permit bear hunting on National Park Service land (12/9/2003)

A federal court today lifted a temporary ban on black bear hunting on land that contains the largest concentration of bears in New Jersey. The ruling will afford sportsmen quality hunting opportunities and supports the state's efforts to control its growing bear population.

United States District Court Judge Reggie Walton denied the request by anti-hunters to issue a restraining order prohibiting New Jersey's bear hunt from taking place on the Delaware Water Gap National Recreation Area. The anti's claimed the state did not follow proper federal guidelines in establishing the hunt.

The Sportsmen's Legal Defense Fund (SLDF), the legal arm of the U.S. Sportsmen's Alliance Foundation, led the defense on behalf of the New Jersey State Federation of Sportsmen's Clubs and individual New Jersey sportsmen.

"The court's decision demonstrates that the state followed proper procedure when instituting the hunt," said Rob Sexton, U.S. Sportsmen's Alliance Foundation vice president for government affairs. "The anti-hunters' claim that the hunt violates federal environmental laws is erroneous."

Last Friday, Judge Walton issued a temporary restraining order to stop the hunt on the recreation area while he reviewed the case in detail.

New Jersey wildlife officials say there are six black bears per square mile in the Delaware Water Gap National Recreation Area. The land, which is managed by the National Park Service (NPS), has the highest concentration of bears in New Jersey. Sportsmen are now ensured the opportunity to help reduce those numbers.

"Judge Walton realized that allowing sportsmen to hunt on the recreation area is vital to a successful hunt and the effective management of the black bear population," said Sexton.

The New Jersey Fish and Game Council approved the first black bear hunt in over 30 years to address growing concerns about the increasing bear population. The concerns were highlighted by two bear attacks earlier in the year.

A recent, precedent setting lawsuit in Massachusetts provided the legal basis for anti-hunters to challenge bear hunting on the Delaware Water Gap and other state hunting activities on federal lands. In September, a pheasant stocking program was halted on the Cape Cod National Seashore because of anti-hunters' claim that the hunt did not satisfy federal laws and was causing environmental damage. Despite arguments by the SLDF to the contrary, the judge ruled to stop that hunt. The Delaware Water Gap decision corrects the bad precedent and will be a key element in defending hunting on federal lands in any similar, future cases.

The U.S. Sportsmen's Alliance Foundation's Sportsmen's Legal Defense Fund (SLDF) is the nation's only litigation force that exclusively represents sportsmen's interests in the courts. It defends wildlife management and sportsmen's rights in local, state and federal courts. The SLDF represents the interests of sportsmen and assists government lawyers who have little or no background in wildlife law.

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