Courtroom Battle Protecting Hunting on Public Land Won by Sportsmen

Sportsmen Win Courtroom Battle

West Virginia State Chapter National Wild Turkey Federation

April 13, 2011--Federal Judge James S. Gwin ruled in favor of sportsmen by denying a lawsuit aimed at

closing hunting on dozens of units of the 100 million acre National Wildlife Refuge System. This case

began in 2003 when the Fund for Animals, which later merged with the Humane Society of the United

States (HSUS), filed a lawsuit to stop hunting on 39 refuges. Conservation and hunting organizations

intervened on behalf of sportsmen. The anti hunting groups later expanded the lawsuit to include more

50 National Wildlife Refuges.

Judge Gwin’s ruling stops HSUS' attempt at using the National Environmental Policy Act to close hunting

on these refuges. According to the U.S. Sportsmen’s Alliance (USSA) the judge noted that “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

refuges.” Judge Gwin’s ruling according to USSA relied heavily on language in the 1997 Refuge

Improvement Act, championed by the USSA, which made hunting, fishing and other wildlife oriented

activities priority uses on refuge units. The Act also mandated hunting and fishing activities be

"facilitated". What us ole country boys call “used.”

According to Rob Sexton of the United States Sporting Alliance, “The majority of refuges were created to

be open to hunting but relentless attacks by anti-hunting groups forced Congress to spell it out in law.

Now, the courts have once again ruled 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 U.S. Sportsmen’s Alliance

Foundation, has worked since the beginning of this case to defend the rights of hunters and has

collaborated with other groups including Safari Club International (SCI). Together, the SLDF and SCI are

co-counsels and also represent Ducks Unlimited, the National Rifle Association, Izzak Walton League,

Delta Waterfowl Foundation, and California Waterfowl Association.

The National Wildlife Refuge System Administration Act of 1966 empowered the Fish and

Wildlife Service to open refuges to hunting when compatible with the purposes for which the

refuges were established. In 1997, National Wildlife Refuge System Improvement Act went a

step further. It ensures that refuges are managed for wildlife conservation and that hunting

and fishing are priority public uses on refuge units.

Land
Won by Sportsmen