LAWSUIT SETTLED AGAINST USFWS OVER UNLAWFUL RESTRICTION OF HUNTING OPPORTUNITIES ON VERMONT REFUGE .
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LAWSUIT SETTLED AGAINST USFWS OVER UNLAWFUL RESTRICTION OF HUNTING OPPORTUNITIES ON VERMONT REFUGE .
Along , drawn-out lawsuit filled with underhanded tactics has ended with a settlement between the Sportsmen ’ s Alliance Foundation and U . S . Fish and Wildlife Service ( USFWS ). That lawsuit challenged unlawful hunting closures on the Silvio O . Conte National Wildlife Refuge in Vermont .
For years , the Conte Refuge , like most refuges , allowed hunters to hunt with and train their dogs on the refuge , if they were complying with state law . This is common practice . Federal land-management agencies typically defer to state hunting regulations because the wildlife belongs to the state and , when it comes to the refuge system , hunter dollars are the primary source of revenues for acquiring refuge lands . The Refuge Manual acknowledges that dogs are “ an important part of the American hunting tradition .”
That was the case on the Conte Refuge going back many years . And in early 2021 , the USFWS gave every indication that it would continue to be the case going forward . Between March and May of 2021 , it published three separate documents acknowledging that it had no intentions of changing things .
But then in August 2021 , FWS blindsided Vermont hunters by finalizing a regulation that ( 1 ) banned training dogs for hunting on the refuge in June and July each year , ( 2 ) banned using dogs to assist in hunting any species other than ruffed grouse on the Putney Mountain Unit of the refuge and ( 3 ) required individuals to obtain a permit to train and hunt with dogs on the refuge . Those unlawful regulations came out of nowhere .
We couldn ’ t let that stand . The Sportsmen ’ s Alliance Foundation , joined by the Vermont Traditions Coalition ,
Vermont Federation of Sportsmen ’ s Clubs and Vermont Bear Hound Association , filed suit against FWS .
“ Federal law requires FWS to show the public their plans before enactment , so they can gather public input ,” said Todd Adkins , vice president of government affairs for the Sportsmen ’ s Alliance Foundation . “ This prevents arbitrary governing and is foundational in a functioning and fair democracy , but the Biden administration failed to comply , denying Vermont citizens a voice that is guaranteed in law .”
After the lawsuit was filed , the USFWS revised the regulations with a full opportunity for the public to view and comment on the regulations . The USFWS ultimately removed the permit requirements for hunting with and training dogs on the refuge and expanded the hunting opportunities on the Putney Mountain Unit .
“ We caught them red handed ,” said Sportsmen ’ s Alliance Foundation ’ s Litigation Counsel Michael Jean . “ They knew they couldn ’ t defend their action . So , they started the process over from scratch and walked some things back .”
The settlement goes even further . The USFWS has agreed to circulate a memorandum to refuge personnel reinforcing its mandate to provide general notice of and an opportunity for the public to comment on all future hunting regulations , and the USFWS will provide the plaintiff organizations direct notice of all future changes to the Conte Refuge ’ s hunting plans .
“ These settlement terms will go a long way in preventing USFWS from surprising hunters with restrictions out of the blue in the future . And now that the agency is on notice , it will be that much easier for us to sue them if they ever do this again ,” Jean concluded .
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