THE FEDERAL GOVERNMENT TRIES TO COVER ITS ( DOG ) TRACKS BY EMPLOYING DOUBLESPEAK IN VERMONT PUBLIC-LAND RULEMAKING .
The FRONT LINE
COMMENTING ON
CONTE
THE FEDERAL GOVERNMENT TRIES TO COVER ITS ( DOG ) TRACKS BY EMPLOYING DOUBLESPEAK IN VERMONT PUBLIC-LAND RULEMAKING .
The Sportsmen ’ s Alliance and a coalition of state hunting partners filed comments against a proposed rule to restrict hunting and training with dogs on the Silvio O . Conte National Wildlife Refuge in Vermont . This is the latest in an ongoing saga that began in 2021 when the U . S . Fish and Wildlife Service ( FWS ) issued a final hunting and fishing plan ( HFP ) for the refuge that restricted hunting with dogs on Putney Mountain and eliminated the summer dog training season during June and July .
Since the restrictions had not been included in the proposed rule issued by FWS earlier in the year , a clear violation of notice and comment requirements of the Administrative Procedure Act , the Sportsmen ’ s Alliance filed a lawsuit against FWS in September 2022 . The Vermont Bearhound Association , Vermont Federation of Sportsmen ’ s Clubs and the Vermont Traditions Coalition joined us in the suit that asked a federal court to negate the 2021 restrictions .
In response to our lawsuit , FWS reopened the Conte Hunting Plan for comment , but with a very tight turnaround — 30 days instead of the usual 90 days federal agencies use when asking for rulemaking comments .
The small open period for comments was FWS ’ attempt to avoid liability by “ mooting out ” our lawsuit with the issuance of a new draft HFP , once again with the dog hunting and training restrictions in place .
At stake in the 2021 hunting plan are three significant hunting restrictions that were never disclosed to the public when the plan was first proposed :
1 . Hunters using more than two dogs must obtain a Special Use Permit from the Refuge Manager , which can be denied for no reason .
2 . At the Putney Mountain Unit of the Conte Refuge , dogs may not be used for hunting any species other than ruffed grouse .
3 . The dog training season has been reduced from June to August to a one-month season beginning August 1 . Hunters must obtain a Special Use Permit to train their dogs , which can be denied for no reason .
FWS then attempted to put the genie back in the bottle with a redux on the hunting plan rulemaking , providing the public an abbreviated timeline for comment on the 2021 restrictions , presenting those changes , now in 2023 , as “ Preferred Alternative A ,” the no-action alternative , because these regulations are the status quo .
To no one ’ s surprise , after the limited 30-day comment period , FWS finalized the Preferred Alternative in early June , leaving the dog hunting restrictions in place , save a few minor changes . We are currently reviewing our options with the lawsuit , which was stayed while the new comment period was ongoing . Stay tuned for further updates on the case and our response .
It is obvious why we had to file suit and challenge this administrative abuse and ongoing doublespeak . If agencies are allowed to blindside the public and then use such tactics to prefer a regulatory scheme that was never properly noticed to the public in the first place , it is hard to say what will stop them from canceling hunting activities with no warning in the future . And we ’ re talking about hunting activities that could be of any type , for any species , at any time .
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