Hunting Issues

Northern Arapahoe Tribe v. Hodel

Summary:

After the Secretary of the Interior promulgated regulations establishing a game code regulating hunting on the reservation, the Arapahoe Tribe of Wyoming sued the Secretary and other federal officials, seeking declaratory and injunctive relief to prevent enforcement of the regulations.  At issue, was  a concern over the declining big game populations on the reservation and surrounding areas due to an unusually harsh winter and over-hunting.  The Court of Appeals held that the government had the right to enact the game code because the rights of two tribes overlapped with regard to a limited resource, and the "[g]overnment's right extends to preventing overuse by the Arapahoe of their shared right when that overuse endangers the resource and threatens to divest the Shoshone of their right."  Where there exists a risk of extinction, the government may enact interim game code measures to prevent the threat when the tribes fail to enact their own game codes. 

After the Secretary of the Interior promulgated regulations establishing a game code regulating hunting on the reservation, the Arapahoe Tribe of Wyoming sued the Secretary and other federal officials, seeking declaratory and injunctive relief to prevent enforcement of the regulations.  At issue, was  a concern over the declining big game populations on the reservation and surrounding areas due to an unusually harsh winter and over-hunting.  The Court of Appeals held that the government had the right to enact the game code because the rights of two tribes overlapped with regard to a limited resource, and the "[g]overnment's right extends to preventing overuse by the Arapahoe of their shared right when that overuse endangers the resource and threatens to divest the Shoshone of their right."  Where there exists a risk of extinction, the government may enact interim game code measures to prevent the threat when the tribes fail to enact their own game codes. 

U.S. v. Stenberg

Summary:

These three cases arose out of an undercover investigation by the United States Fish and Wildlife Service (FWS) into the illegal taking and sale of wildlife in interstate commerce, where defendants were engaged in the guiding and hunting business wherein customers would pay for illegal big game hunts.  The court denied defendants' defense of outrageous government conduct and entrapment.  It also held that the Lacey Act clearly notifies individuals that participation in prohibited transactions involving wildlife with a market value greater than $350 subjects them to felony prosecutions, thus defeating defendants' challenge of vagueness to the statute.  Notably, the court reversed convictions on the fact that the provision of guiding services or providing a hunting permit does not constitute the sale of wildlife for purposes of the Lacey Act (this was amended in 1988 to include guide services, which overturned this decision.  See U.S. v. Atkinson, 966 F.2d 1270 (9th Cir. 1992). 

These three cases arose out of an undercover investigation by the United States Fish and Wildlife Service (FWS) into the illegal taking and sale of wildlife in interstate commerce, where defendants were engaged in the guiding and hunting business wherein customers would pay for illegal big game hunts.  The court denied defendants' defense of outrageous government conduct and entrapment.  It also held that the Lacey Act clearly notifies individuals that participation in prohibited transactions involving wildlife with a market value greater than $350 subjects them to felony prosecutions, thus defeating defendants' challenge of vagueness to the statute.  Notably, the court reversed convictions on the fact that the provision of guiding services or providing a hunting permit does not constitute the sale of wildlife for purposes of the Lacey Act (this was amended in 1988 to include guide services, which overturned this decision.  See U.S. v. Atkinson, 966 F.2d 1270 (9th Cir. 1992). 

Humane Soc. of U.S. v. Lujan

Summary:

This case was brought the Humane Society of the United States and various coalitions of homeowner/citizens against the United States Secretary of the Interior and the Director of the Fish and Wildlife Service to prevent the implementation of defendants' decision to permit limited public deer hunting on a national wildlife refuge in Fairfax County, Virginia. On cross motions for final judgment on the record, the District Court held that the suit under Endangered Species Act was precluded by failure to give proper presuit notice. The court stated that the ESA clearly states that “written notice” of the violation must be given to the Secretary and to the violator as a condition precedent to suit. The court also found that the FWS's decision took account of relevant factors and thus was not arbitrary or capricious.

This case was brought the Humane Society of the United States and various coalitions of homeowner/citizens against the United States Secretary of the Interior and the Director of the Fish and Wildlife Service to prevent the implementation of defendants' decision to permit limited public deer hunting on a national wildlife refuge in Fairfax County, Virginia. On cross motions for final judgment on the record, the District Court held that the suit under Endangered Species Act was precluded by failure to give proper presuit notice. The court stated that the ESA clearly states that “written notice” of the violation must be given to the Secretary and to the violator as a condition precedent to suit. The court also found that the FWS's decision took account of relevant factors and thus was not arbitrary or capricious.

Sierra Club v. Clark

Summary:

The Government issued regulations which allowed for the sport hunting of the Eastern Timber Wolf  (otherwise known as the gray wolf) in Minnesota, where the wolf was listed as threatened.  The court held that such regulations were invalid because the Endangered Species Act, Section 4(d) required that such regulations must be "for the conservation" of the wolf, which means for the best interest of the wolf.  The court found that the hunting of the wolf in this manner did not have the motive of the best interest of the wolf in mind.

The Government issued regulations which allowed for the sport hunting of the Eastern Timber Wolf  (otherwise known as the gray wolf) in Minnesota, where the wolf was listed as threatened.  The court held that such regulations were invalid because the Endangered Species Act, Section 4(d) required that such regulations must be "for the conservation" of the wolf, which means for the best interest of the wolf.  The court found that the hunting of the wolf in this manner did not have the motive of the best interest of the wolf in mind.

U.S. v. Heuer

Summary:

Following his conviction for a violation of the Lacey Act, 16 U.S.C. § 3371, et seq., Defendant Heuer moved for a new trial.  Where defendant, who obtained guiding and license for hunting elk, engaged in conduct that involved purchase of elk, it was not necessary for government to prove such services occurred in interstate commerce for purposes of Lacey Act conviction.

Following his conviction for a violation of the Lacey Act, 16 U.S.C. § 3371, et seq., Defendant Heuer moved for a new trial.  Where defendant, who obtained guiding and license for hunting elk, engaged in conduct that involved purchase of elk, it was not necessary for government to prove such services occurred in interstate commerce for purposes of Lacey Act conviction.

Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin

Summary:

Action was brought to determine Indian tribe members' rights related to off-reservation hunting of white-tailed deer, fisher and other furbearing animals, and small game within the area of the state ceded to the United States by the plaintiff tribes.  The Court held that Indians and non-Indians were each entitled to one half of game harvest within each harvesting area rather than as a whole territory to accommodate the longer Indian hunting season.  With regard to hunting on private land in the ceded area, the Court held that plaintiffs' members have no more rights than non-Indian hunters to hunt or to trap on private lands, as tribal members who are hunting or trapping on private lands are still subject to state hunting and trapping regulations.  The Court also held that the state could properly prohibit Indians from hunting deer during the summer and at night due to the safety risk to humans.

Action was brought to determine Indian tribe members' rights related to off-reservation hunting of white-tailed deer, fisher and other furbearing animals, and small game within the area of the state ceded to the United States by the plaintiff tribes.  The Court held that Indians and non-Indians were each entitled to one half of game harvest within each harvesting area rather than as a whole territory to accommodate the longer Indian hunting season.  With regard to hunting on private land in the ceded area, the Court held that plaintiffs' members have no more rights than non-Indian hunters to hunt or to trap on private lands, as tribal members who are hunting or trapping on private lands are still subject to state hunting and trapping regulations.  The Court also held that the state could properly prohibit Indians from hunting deer during the summer and at night due to the safety risk to humans.

Baldwin v. Fish and Game Commission of Montana

Summary:

Appellants brought this action for declaratory and other relief claiming that the Montana statutory elk-hunting license scheme, which imposes substantially higher (at least 7 1/2 times) license fees on nonresidents of the State than on residents, and which requires nonresidents (but not residents) to purchase a "combination" license in order to be able to obtain a single elk, denies nonresidents their constitutional rights guaranteed by the Privileges and Immunities Clause of Art. IV, § 2, and by the Equal Protection Clause of the Fourteenth Amendment.  The court held that the Privileges and Immunity Clause is not implicated, as access to recreational hunting is not fundamental and Montana has provided equal access for both residents and non-residents.  Further, the statutory scheme does not violate the Equal Protection Clause because the state has demonstrated a rational relationship between the increased fee to non-residents (i.e., protection of a finite resource (elk) where there has been a substantial increase in non-resident hunters).

Appellants brought this action for declaratory and other relief claiming that the Montana statutory elk-hunting license scheme, which imposes substantially higher (at least 7 1/2 times) license fees on nonresidents of the State than on residents, and which requires nonresidents (but not residents) to purchase a "combination" license in order to be able to obtain a single elk, denies nonresidents their constitutional rights guaranteed by the Privileges and Immunities Clause of Art. IV, § 2, and by the Equal Protection Clause of the Fourteenth Amendment.  The court held that the Privileges and Immunity Clause is not implicated, as access to recreational hunting is not fundamental and Montana has provided equal access for both residents and non-residents.  Further, the statutory scheme does not violate the Equal Protection Clause because the state has demonstrated a rational relationship between the increased fee to non-residents (i.e., protection of a finite resource (elk) where there has been a substantial increase in non-resident hunters).

Department of Game of Wash. v. Puyallup Tribe

Summary:

The Washington Department of Game and the Department of Fisheries brought action for declaratory judgment that members of the Puyallup Indian tribe were not exempt from application of state fishery conservation measures.  The Supreme Court held that commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department's regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups' net-fishing rights and the rights of sports fishermen.

The Washington Department of Game and the Department of Fisheries brought action for declaratory judgment that members of the Puyallup Indian tribe were not exempt from application of state fishery conservation measures.  The Supreme Court held that commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department's regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups' net-fishing rights and the rights of sports fishermen.

American Bald Eagle v. Bhatti

Summary:

A group of animal preservationists filed suit to enjoin deer hunting on a Massachusetts reservation because it contended that the activity posed such a risk to bald eagles so as to constitute a prohibited “taking” under the ESA. The essence of the plaintiff's argument was that some of the deer shot by hunters would not be recovered and then eagles would consume these deer thereby ingesting the harmful lead slugs from the ammunition. The district court denied the preliminary injunction, ruling that appellants failed to show a reasonable likelihood of success on the merits. On appeal of the denial for injunction, this Court held that plaintiff failed to meet the showing of actual harm under the ESA. There was no showing in the record of harm to any bald eagles during the deer hunt of 1991 and the record fully supported the trial judge's conclusion.

A group of animal preservationists filed suit to enjoin deer hunting on a Massachusetts reservation because it contended that the activity posed such a risk to bald eagles so as to constitute a prohibited “taking” under the ESA. The essence of the plaintiff's argument was that some of the deer shot by hunters would not be recovered and then eagles would consume these deer thereby ingesting the harmful lead slugs from the ammunition. The district court denied the preliminary injunction, ruling that appellants failed to show a reasonable likelihood of success on the merits. On appeal of the denial for injunction, this Court held that plaintiff failed to meet the showing of actual harm under the ESA. There was no showing in the record of harm to any bald eagles during the deer hunt of 1991 and the record fully supported the trial judge's conclusion.

Conservation Force, Inc. v. Manning

Summary:

This case questions whether Arizona's 10% cap on nonresident hunting of bull elk throughout the state and of antlered deer north of the Colorado River substantially affects commerce such that the dormant Commerce Clause applies to the regulation.  The Court that Arizona's cap on nonresident hunting substantially affects and discriminates against interstate commerce and therefore is subject to strict scrutiny under the dormant Commerce Clause. The case was remanded to determine the extent of Arizona's legitimate interests in regulating hunting to conserve its population of game and maintain recreational opportunities for its citizens. 

This case questions whether Arizona's 10% cap on nonresident hunting of bull elk throughout the state and of antlered deer north of the Colorado River substantially affects commerce such that the dormant Commerce Clause applies to the regulation.  The Court that Arizona's cap on nonresident hunting substantially affects and discriminates against interstate commerce and therefore is subject to strict scrutiny under the dormant Commerce Clause. The case was remanded to determine the extent of Arizona's legitimate interests in regulating hunting to conserve its population of game and maintain recreational opportunities for its citizens.