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NJARA Celebrates Bear Hunt Lawsuit
Victory
On September 27, 2007, the
Appellate Division issued its opinion in favor of NJARA and the BEAR
Group in our lawsuit challenging the 2005 comprehensive black bear
management policy!
In NJARA et al. v. NJ Department of Environmental Protection et
al., the court found that the adoption of the policy violated the
Administrative Procedure Act. Violations included the failure to
respond to questions at the public hearing, and failure to publish a
report summarizing and responding to public comments. While we are
celebrating this victory, we also mourn the deaths of the 298 bears
who died under this illegally adopted policy in the 2005 bear hunt.
Because of the Administrative Procedure Act violations, the court
stated in their decision that the policy “did not lawfully exist”
and “did not have the force of law.” The Fish & Game Council and the
hunting clubs may appeal this decision, but we are prepared to
oppose them in the NJ State Supreme Court.
Even though the state repealed the policy in 2006, continuing our
lawsuit proved important because we had to oppose the hunting clubs
who filed a separate lawsuit to try to reinstate the policy, and
because the Council should not get away with repeatedly ignoring
public comments and questions. Many of our members have witnessed
firsthand the Council’s arrogance and refusal to answer questions at
public hearings.
This legal victory proves that the Fish and Game Council disregards
laws and procedures. The current composition of the Council, which
consists of 10 hunters, is a clear conflict of interest. Instead of
managing wildlife for all of us, the Council abuses their power to
satisfy the recreational hunting desires of the few, including the
hunting clubs that appoint the majority of Councilmembers.
The court’s decision is available online. Click
here. |
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