http://www.washingtontimes.com...h-and-wildlife-serv/



Judges allow hunters to sue Fish and Wildlife Service over elephant trophy ban



By Andrea Noble - The Washington Times - Tuesday, December 6, 2016



A federal court has revived a lawsuit brought by big game hunters who challenged the U.S. Fish and Wildlife Service’s ban on the import of elephant hunting trophies from Tanzania.
A legal challenge of the ban brought by the Safari Club and the National Rifle Association was dismissed in 2014 on grounds that no member of either group actually had applied for and been denied a permit to import elephant trophies and therefore lacked standing to bring a case.
But the hunters’ advocacy groups appealed, arguing that the Fish and Wildlife Service’s ban was final and that their members had no obligation to exhaust administrative remedies.
In a 15-page opinion issued Tuesday, a three-judge panel from the U.S. District Court for the D.C. Circuit agreed and remanded the case to the lower court.
“For its part, Safari Club insists that seeking a permit would have been futile given that the Service had determined and publicly announced that no permits would issue for Tanzanian elephants killed in 2014,” Judge David S. Tatel wrote in the opinion. “According to the Service, however, futility can never excuse a nonapplicant’s failure to seek a permit, adding that even were there a futility exception, Safari Club has failed to show futility here. We disagree with the Service on both counts.”
The Fish and Wildlife Service previously has allowed trophy imports after making determinations that repatriation of such items “would not be detrimental to the survival of the species.” The agency says that legal, well-regulated sport hunting can benefit conservation efforts “by providing incentives to local communities to conserve the species and by putting much-needed revenue back into conservation.”

But in April 2014, the agency reversed its stance and announced a ban on the import of sport-hunted African elephant trophies in Zimbabwe and Tanzania.
“Questionable management practices, a lack of effective law enforcement and weak governance have resulted in uncontrolled poaching and catastrophic population declines of African elephants in Tanzania,” states a press release announcing the ban. “In Zimbabwe, available data, though limited, indicate a significant decline in the elephant population.”
The prohibition remains in place in the two countries, though elephant trophy imports are still allowed in others.
Safari Club International President Larry Higgins said Tuesday’s ruling will allow the group to return to court “to fully argue our claims in support of the sustainable use of elephants as beneficial to elephant conservation in Tanzania.”
“SCI will vigorously pursue our arguments that the U.S. Fish and Wildlife Service violated the law when it abruptly terminated its long-standing practice of allowing imports of elephants harvested in well-regulated hunts in Tanzania,” Mr. Higgins said in a statement. “The court’s ruling also will help us challenge arbitrary decisions involving the importation of other wildlife species.”
A Fish and Wildlife Service spokesman said the agency is reviewing the court’s decision.
Tens of thousands of hunting trophies are imported into the United States each year.
A study released by the Humane Society International in February found that between 2005 and 2014, more than 1.26 million wildlife trophies were imported to the United States, including 4,600 African elephant trophies. An average of 126,000 trophies were imported every year.
The Safari Club and the NRA originally challenged the wildlife service’s 2014 import ban on elephant trophies from Tanzania and Zimbabwe. District Judge Royce Lamberth dismissed the Tanzania claims, so the groups moved forward with claims related to the Zimbabwe ban while appealing the Tanzania ban. In that case, they argued that the agency improperly analyzed the data used in making its determination.
Judge Lamberth in October upheld the Zimbabwe ban, finding the agency had used the proper criteria to make its determination that sport hunting in Zimbabwe would not enhance the survival of elephants.
“Plaintiffs would have the agency focus only on whether sport-hunting generates revenue for species conservation and whether the presence of hunters deters poaching,” Judge Lamberth wrote, referring the to hunting groups. “Generating hunting fees and deterring poaching in specific instances do not show enhancement, without a showing that a government is properly using funds and protecting the species more broadly.”
The ruling wasn’t a total loss for the Safari Club: Judge Lamberth found the wildlife service did not properly inform hunters of its decision.
The wildlife service published an April 4, 2014, press release announcing the ban, but it did not publish a notice in the Federal Register until May 12, 2014. As a result, the judge retroactively pushed back the date the ban became effective to May 12, 2014, ensuring hunters who killed elephants before that date were able to import trophies. Hunters who killed elephants since then remain barred from obtaining permits to import trophies.
The Safari Club has appealed the ruling.

Hopefully Trump can do something about this.

I have noticed that the NRA is becoming more active/involved in the ongoing fight to defend ethical and sustainable hunting. Thanks NRA!

Purge USFWA aka Turkey style
That might be the only option
PS. Gulag on them SOB'

State agencies are not much better for that matter

I'm still confused how USFW counters CITES? You would think if the world body on endangered species regulations allowed elephant to be exported, then US FW would follow them. And has the US FW ever produced all of the data and the studies that they used to make their decision?

The USFW is now simply a political agency that will basically cater to their bosses wishes and will only stop their nonsense if they are forced to by the courts. Everyone needs to send money to Conservation Force to put their money where their mouths are. CF are our warriors and they deserve everyone's support.

quote:

The USFW is now simply a political agency that will basically cater to their bosses wishes and will only stop their nonsense if they are forced to by the courts

Or change the laws and regulations.

I am very hopeful that with Trump's sons we will finally have access to a President's ear to address this bureaucratic nonsense.

Love how this is an article focusing on SCI and NRA and the comments have turned into a pro-NRA, Trump, Conservation Force discussion.

For all the hate SCI gets on AR, they get a win in court and then get shitted on. It seems like SCI is in a damned if they do, damned if they don't position.

We must all stay engaged with our congressmen to keep pressure on USFWS. I do believe President Trump will put a strong individual to head Dept of Interior, that will clean out the detritus that infects this and other agencies. Maybe in a short amount of time we can ship trophy elephant and lion back to the states. It shouldn't take long to bring polar bears back.

You would think that the powers that be within SCI, DSC and others would be reaching out, even as we discuss this, to the two Trump brothers, Eric and Don Jr., and making VIP invitations to them to attend their respective shows. At the same time, SCI and DSC should be planning an detailed agenda to discuss with the two of them, an agenda that would end up being discussed directly with their father. That's how a lot of this could move forward in a short time and in a big way. Tim's suggestion regarding our congressmen is fine, but I think the alternative road would be best and get us the results that we want to see, much faster.

quote:

Originally posted by Cajun1956:
I have noticed that the NRA is becoming more active/involved in the ongoing fight to defend ethical and sustainable hunting. Thanks NRA!

They have the Hunters Leadership Forum. It is devoted solely to hunters rights and hunting issues.

quote:

Originally posted by Use Enough Gun:
You would think that the powers that be within SCI, DSC and others would be reaching out, even as we discuss this, to the two Trump brothers, Eric and Don Jr., and making VIP invitations to them to attend their respective shows. At the same time, SCI and DSC should be planning an detailed agenda to discuss with the two of them, an agenda that would end up being discussed directly with their father. That's how a lot of this could move forward in a short time and in a big way. Tim's suggestion regarding our congressmen is fine, but I think the alternative road would be best and get us the results that we want to see, much faster.

+1 X1000

quote:

Originally posted by larryshores:

quote:

Originally posted by Cajun1956:
I have noticed that the NRA is becoming more active/involved in the ongoing fight to defend ethical and sustainable hunting. Thanks NRA!

They have the Hunters Leadership Forum. It is devoted solely to hunters rights and hunting issues.

+1

One another positive note, I have a photo of an enhancement permit that was actually granted.

Jeff

quote:

Originally posted by Use Enough Gun:
You would think that the powers that be within SCI, DSC and others would be reaching out, even as we discuss this, to the two Trump brothers, Eric and Don Jr., and making VIP invitations to them to attend their respective shows. At the same time, SCI and DSC should be planning an detailed agenda to discuss with the two of them, an agenda that would end up being discussed directly with their father. That's how a lot of this could move forward in a short time and in a big way. Tim's suggestion regarding our congressmen is fine, but I think the alternative road would be best and get us the results that we want to see, much faster.

US F&WS have been a rule unto themselves & ignored endless court orders etc for decades (Moz elephant products being a good example) and neither courts nor Presidents have been willing or able to whip them into line & I doubt very much indeed that the Trump boys or even DT himself will achieve anything whatsoever.

IMO, DT would be better off simply removing the role of issuing import permits & all CITES responsibility etc from USF&WS completely & creating an entirely new dept to handle those things........ & leave USF&WS solely with the responsibility of domestic control.

Whether that'd ever happen is a different matter entirely but if anyone has the balls to do it, it's DT.

Having two sons who are avid outdoorsmen and African hunters is a BIG plus. I can't think of a single U.S. President in U.S. History who has had sons that are as active in hunting and fishing as are the Trump boys. This is a moment that SCI and DSC ought not to waste, and those of you on AR that have the influence and can push those two organizations to reach out now to them should do so.

http://www.cnn.com/2016/12/09/...-interior-secretary/



How Trump's son's passion for hunting is shaping search for Interior secretary

By Tal Kopan, CNN
Updated 12:24 PM ET, Fri December 9, 2016



Washington (CNN)Born and raised in the concrete jungle of Manhattan, President-elect Donald Trump's children have taken an outsized interest in the search for an Interior secretary, sources close to the transition say, especially avid hunter Donald Trump Jr.

In fact, one transition source said balancing the Trump siblings' natural inclinations toward conservation has been a key factor in the search for someone to run the Interior Department, which manages lands, wildlife, national parks and Native American affairs in its broad portfolio.
That disposition sometimes clashes against some other traditionally conservative positions on issues under Interior, including opposition to enforcing positions under the Endangered Species Act and decreasing acquisition and management of public lands.
The influence of Trump Jr.'s hunting passion and conservationist ways has heavily favored Western State candidates in the search, with Washington Rep. Cathy McMorris Rodgers being the leading contender for the job, according to multiple sources familiar with the discussions.
Trump Jr. is a regular member of the Boone and Crockett Club, a hunting and wildlife conservation organization co-founded by Theodore Roosevelt in 1887. Club chief of staff Tony Schoonen confirmed to CNN that Trump Jr. is one of the 100 regular members of the group, all of whom are vetted and voted on by the other members, and are "individuals of influence in the worlds of science, education, industry, and politics." Trump Jr. is the youngest member voted in.
Schoonen stressed that members are independent conservationists and speak for themselves, but the mission statement of the club is to promote the conservation of big game and its habitat.
Representatives of the Trump Organization and the President-elect's transition team didn't respond to a request for comment on this story.

Hunting has also embroiled Trump Jr. and his brother, Eric, in controversy. In 2012, pictures surfaced of them posing with big game trophies in Africa, including an elephant and leopard, drawing condemnation from liberal groups and suggestions that they had hunted illegally. It was confirmed later, however, that their hunt had been entirely above board.
In addition to being part of the Boone and Crockett club, Trump Jr.'s hunting passion has given him opportunities to engage with politicians around the country, including Western lawmakers like Sen. Steve Daines, a Republican from the club's headquarters state of Montana.
Daines has been hunting with Trump Jr. and Trump Jr.'s son, according to a source familiar with their relationship, and Daines has expressed to Trump Jr. and transition officials that a Westerner for Interior would be ideal to understand policies that protect a way of life that is about conservation and protecting land for uses including hunting, the source said.
Trump Jr. said in an interview shortly after the election with online hunting and fishing publication Wide Open Spaces that he even lived in Colorado bartending for 18 months after college so he could hunt and fish. And he said he would be actively engaged in issues of Interior.
"The big joke at Christmas this year was that the only job in government that I would want is with the Department of Interior," Trump Jr. told Wide Open Spaces. "I understand these issues. It's something I'm passionate about. I will be the very loud voice about these issues in my father's ear. No one gets it more than us."
In the interview, Trump Jr. spoke in favor of maintaining public lands under federal control, so states can't sell the land to private buyers who would block of the land from public use.
That's in line with the positions espoused by Boone and Crockett club, which are sometimes at odds with Beltway Republican views on Interior.
While Boone and Crockett isn't solely politically focused, as an active sportsman's organization, it has spent $15,000 to $20,000 quarterly in recent years on lobbying in Washington, mainly around sportsmen, conservation and forestry bills, according to federal disclosures.
An extensive listing of position statements on the club's website show tempered positions, but political views that prioritize conservation of lands and wildlife (including for hunting), promotion of sustainability in human practices and that value clean energy sources and reduction of carbon emissions as a potential contributing factor to climate change. Protecting fair-chase hunting is an overriding mission throughout Boone and Crockett's positions.
In contrast, a policy recommendation report from The Heritage Foundation, which is heavily advising the President-elect's transition effort, advocates for the Trump administration to reform the Department of Interior to reduce management of public lands, not enforce the Endangered Species Act and eliminate conservation funds.
Western Republicans are seen as the best candidates to balance conservative limited government ideals with the diverse needs of land in the US, according to sources vouching for them. Oklahoma Gov. Mary Fallin had been an early contender for Interior, but has fallen out of favor with Trump Tower for the role, sources say. Part of that is likely the selection of Oklahoma Attorney General Scott Pruitt to lead EPA, to avoid having too many Oklahomans in the Cabinet.

A source familiar with Daines' thinking also said he would be more inclined to support McMorris Rodgers over Fallin, as she's used to balancing the issues Westerners face on land management.
Ivanka Trump, who has a heavy influence on her father and has expressed a desire to work on policy isssues of personal importance as first daughter, has also met Daines -- and already has a working relationship with McMorris Rodgers.
The highest ranking GOP woman in Congress, McMorris Rodgers worked with Ivanka on her plan for maternity leave and child care coverage.
While Ivanka's role in the Interior selection process is less clear, she has seemed to take an interest in climate issues, meeting with prominent climate change advocate and former Democratic Vice President Al Gore this week. Gore also met with the President-elect while visiting Trump Tower.
Still, Pruitt's selection as EPA administrator, with Pruitt's long history of fighting the EPA on climate regulations and doubt over climate science, has left watchers curious as to the impact of meetings with Gore and fellow climate change activist Leonardo DiCaprio this week.
Westerners are uniquely suited to balance environmentalism and human economic needs, said Idaho-based Republican political strategist Todd Cranney.
"The frustration that Westerners have is these definitions -- that you can't be for the environment and a Republican," Cranney said. "People don't understand, there's no bigger environmentalist than a farmer and rancher, because it's their livelihood."
Cranney said for Westerners, balancing the needs of the environment and the public is a "way of life," one that bureaucrats or policy thinkers only from the East wouldn't necessarily understand.
In interviews, Trump Jr. has said his love for the outdoors started at a young age, spending weeks with his grandfather in the Czech Republican at his cabin in the woods. And he said hunting has fed his conservationist ways.
"If you wait through long, cold hours in the November woods with a bow in your hands hoping a buck will show or if you spend days walking in the African bush trailing Cape buffalo while listening to lions roar, you're sure to learn hunting isn't about killing," Trump Jr. said in a Forbes interview in 2012. "Nature actually humbles you. Hunting forces a person to endure, to master themselves, even to truly get to know the wild environment. Actually, along the way, hunting and fishing makes you fall in love with the natural world. This is why hunters so often give back by contributing to conservation."

quote:

Originally posted by Use Enough Gun:
You would think that the powers that be within SCI, DSC and others would be reaching out, even as we discuss this, to the two Trump brothers, Eric and Don Jr., and making VIP invitations to them to attend their respective shows. At the same time, SCI and DSC should be planning an detailed agenda to discuss with the two of them, an agenda that would end up being discussed directly with their father. That's how a lot of this could move forward in a short time and in a big way.

Yep.

I agree totally with Shikiri on this issue. USFW should only have control over hunting in the USA only. That was their original commission. Not world hunting control. If the paperwork is in order from the issuing country that is their only business.

Interesting. A while back I raised the question whether African communities could sue USF&W for loss of benefits and was told absolutely not.

Hopefully this court action will open doors for others.