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Young bear hunters in Jersey take aim at DEP prohibition

Friday, December 05, 2003

BY BRIAN T. MURRAY
Star-Ledger Staff

A New Jersey appeals court will decided today whether to stay a Department of Environmental Protection order barring boys and girls from joining Monday's bear hunt.

The U.S. Sportsmen's Alliance Foundation, a legal arm of the U.S. Sportsmen's Alliance, joined eight hunting families in a lawsuit yesterday calling the decision issued by DEP Commissioner Bradley Campbell on Wednesday arbitrary and illegal.

The group contends the young hunters' due process rights were violated and that state case law was ignored by the order revoking bear hunting permits for 211 boys and girls -- ages 10 15 -- who completed special safety courses this fall to participate in the six-day event.

"The judges have asked the state to respond to our demand for a stay on this order by noon, and we hope to have a decision before the weekend. There is no good reason for the DEP to have done this to youth hunters," said Rob Sexton of the alliance.

The lawsuit contends, in part, that revoking any hunting permit requires a formal notice and a hearing at which a hunter has the right to respond. Young hunters found out about the revoked permits when DEP employees began making telephone calls to their homes on Wednesday, shortly after Campbell issued the edict.

Hunting organizations blamed the administration of Gov. James McGreevey for pressuring the DEP to stop the youth hunters in the face of animal rights protesters who oppose the six-day bear hunt, partly by raising complaints about young participants. But Campbell and Martin McHugh, director of the DEP's Division of Fish and Wildlife, contend the decision was based on a concern about young hunters being mature enough to deal with potential confrontations in the field with anti-hunt protesters.

"Considering the high emotions involved in this hunt on both sides, the commissioner felt, based on safety, this was the right action to take. This is the first bear hunt in 33 years and emotions are high on both sides," said McHugh.

But McHugh also apologized to the young hunters for making the decision so close to the hunt. The youth hunters and their families spent time and money preparing for their participation in the event.

"We should have carefully looked at that earlier," he said.

Hunters found the safety explanation implausible, noting that youth hunters still will be in the fields and forests next week because the bear hunt coincides with the six-day shotgun hunt for antlered deer.

"This was all about animal rights," said John Rogalo, whose 10-year-old son was impacted by the DEP order.

DEP records show that 278 children had applied for the permits, but only 211 of them attended the mandatory training courses to quality for permits. A total of 6,777 hunters applied to join the hunt, but only 5,454 of them attended the mandatory courses and, with the elimination of the youth participants, only 5,243 will have permits to pursue bear next week.

The hunter alliance lawsuit is one of several legal battles being waged over the hunt and one of three that could result in key decisions today. A federal court in Washington, D.C., will decide today whether to grant the demand of animal rights groups and some environmental organizations to close the 67,000-acre Delaware Water Gap National Recreation Area to bear hunters until an environmental impact study is made.

A state appeals court also will consider a similar case involving animal rights groups trying to close off state parks to the hunt.

PLEASE PING YOUR LISTS! STOP THE FED INTERFERENCE AND STATE COWARDICE!

Note-McHugh sounds like the un-named official DEP spokesman in the original article. Also, note no mentions of the threatening email promising to target youthful hunters, as a reason to cancel these lawful permits.