AFRICAN SPECIES IMPORTATION BANS, PRESCRIBED FIRE, SUNDAY HUNTING: WHAT CAN WE EXPECT IN SPORTING CONSERVATION POLICY THIS YEAR?

BY JEFF CRANE, PRESiDENT OF THE CONGRESSiONAL SPORTSMEN’S FOUNDATiON

That’s a big question. Sporting conservation policy ranges on a broad spectrum, especially when it comes to the many nuances that might arise in various states in the year ahead. Some of the same policies are reintroduced year-to-year with an attempt to finally be enacted, while others might be new ideas that require the sporting conservation community to stay on its toes. The Congressional Sportsmen’s Foundation (CSF) States Program Team (SPT) has been hard at work pushing back against or advocating for – depending on what is in the best interest of sportsmen and women and conservation – legislation and regulatory proposals in states across the country. With the collective force of policy experts that make up our SPT and through our working relationships with conservation partners like Houston Safari Club, CSF looks forward to furthering our mission to protect and advance hunting, angling, recreational shooting, and trapping in the halls of government.

Representing the sporting conservation community in state capitols across the nation, our States Program Team works on hundreds of bills impacting sportsmen and women and tracks more than 10,000 regulatory bills and proposals each year. Below are just a few examples of some key policy proposals that will affect – for better or worse—America’s sportsmen and women in 2021.

NORTHEAST

Over the past several years, trophy import bans on African species have been a recurring theme in the Northeast region. Introduced this past January, Connecticut Senate Bill 62, New York Assembly Bills 716 and 805, and New York Senate Bill 2814, seek to prohibit the import, transportation, sale, and possession of certain African species. Whether intentionally misleading or due to sheer ignorance, these bills commonly misrepresent the “Big Five” species, ignoring the Cape buffalo and instead including white and black rhinoceros separately, as well as giraffes.

These proposed bans fail to consider the consequences of undermining the source of funding for anti-poaching programs and the many rural African communities that rely on the much needed hunting-related tourism dollars. Legislators who propose and support these bills do not understand (or don’t care) that revenue generated by licensed, regulated safari hunting is the single most important source of funding for conservation and anti-poaching efforts in Africa. In many Southern and Eastern African countries, this revenue is the primary source of management, conservation, and anti-poaching funds for national wildlife authorities. These bills would also unnecessarily harm the economic development of these nations.

For background, New Jersey enacted similar legislation (Senate Bills 977 and 978) in 2016 that targeted lawfully harvested hunting trophies and banned the importation and possession of items from “Big 5” species by residents of the State. A lawsuit was promptly filed under the argument that the ban was preempted by Section 6(f) of the Endangered Species Act. That same year, a judgment was entered against the State, thus overturning the ban. Similarly, in 2018, California’s former Governor Edmund G. Brown vetoed legislation that attempted to institute the Iconic African Species Protection Act. In the former Governor’s veto message, he stated that despite sharing “the sentiments of the author, this bill, if enacted, would be unenforceable.”

Other concerning bills to look out for in the northeast include Connecticut House Bill 5031 (prohibition on the sale of fur products), Maryland Senate Bill 200 (ban on hunting contests for coyotes, foxes, and raccoons), and New York Assembly Bill 1518 (adds rhinoceroses and giraffes to the list of species of which the sale, barter, and trade of their parts, or products containing their parts, is prohibited). Bills such as these propagate misguided sentiments about hunting and trapping, and they serve no purpose other than to advance anti-sportsmen’s agendas in the northeast region. They are based purely on emotion, rather than scientific principles, and if enacted, would restrict opportunities that further our nation’s sporting heritage while negatively impacting the economy.

MiDWEST

Missouri House Bill (HB) 369 and Senate Bill (SB) 301 each seek to establish a Prescribed Burning Act to define liability standards for landowners and certified prescribed burn managers, certified by the Missouri Department of Conservation, who use prescribed fire as a management tool on private property. Liability concerns are often cited as a primary reason that many landowners are hesitant to utilize prescribed fire as a management practice. However, prescribed fire, when used appropriately, is an effective tool for managing wildlife habitat, promoting growth and regeneration of native plant communities, mitigating the risk of destructive wildfires, and benefitting overall forest health. CSF is working with partners in support of the Prescribed Burning Act to ensure that Missouri’s private landowners can successfully use all appropriate management tools for the benefit of the state’s wildlife resources.

Indiana SB 49, sponsored by Indiana Legislative Sportsmen’s Caucus Co-Chair Senator Jim Tomes, provides that it is an unlawful discriminatory practice for a financial institution or government entity to refuse to do business with or discriminate against a person because the person supports or is engaged in the lawful commerce of firearms, firearms accessories, or ammunition. This bill relates to the Firearms Industry Nondiscrimination (FIND) Act, as it would protect the lawful commerce of firearms and ammunition businesses. It is unacceptable to discriminate against businesses simply because they

are engaged in the lawful commerce of firearms and ammunition.

As a result of the COVID-19 pandemic, North Dakota HB 1242 would allow anyone who received an apprentice license in the 2020-2021 license year to be eligible for an additional apprentice license in their lifetime. Currently, in North Dakota, a resident may only receive an apprentice license for one year before having to complete a hunter education course. An apprentice hunting license is a tool that provides novice hunters of all ages the opportunity to hunt under the supervision of a licensed hunter before they have completed their hunter education course. The apprentice hunting license removes barriers, making entry into hunting less challenging or intimidating for new hunters while allowing them to receive hands-on experience.

SOUTHEAST

A common theme in the Southeastern region is Sunday hunting restrictions. CSF supports proposals in North Carolina and South Carolina that would lift restrictions that prohibit Sunday hunting on public lands, many of which are purchased and/or managed with sportsmen-generated dollars. Additionally, CSF worked with Virginia Legislative Sportsmen’s Caucus Chair Delegate James Edmunds to sponsor public lands Sunday hunting legislation in the 2021 legislative session, but unfortunately, the bill failed to move out of committee despite the strong showing of support from the Commonwealth’s sporting community. Hunters are the only user group excluded from public lands on Sunday in Virginia, and CSF will continue advocating for Sunday hunting heading into the 2022 session.

In North Carolina, CSF has been working to support rule proposals that would open Sunday hunting on 51 Game Lands across the state comprising more than 1.6 million acres. CSF worked with the North Carolina Legislative Sportsmen’s Caucus to pass legislation that transferred regulatory authority for public lands Sunday hunting to the state fish and wildlife agency in 2017, and since that time CSF has been pushing for the state to implement the law. CSF is optimistic that the Wildlife Resources Commission will adopt the rule proposals which would be a major victory for sportsmen’s access in the state.

Currently, in South Carolina, CSF is working with the South Carolina Legislative Sportsmen’s Caucus to encourage the state fish and wildlife agency to repeal the regulation that prohibits Sunday hunting on all Wildlife Management Areas in the state, including the Francis Marion and Sumter National Forests.

Sunday hunting bans are blue laws with no basis in wildlife management. Repealing the prohibitions on Sunday hunting will support conservation funding, have a positive impact on the state’s economy, and further hunter recruitment, retention, and reactivation efforts. CSF will continue to push for Sunday hunting expansions to increase access and opportunity for the sporting community.

WEST

In New Mexico, House Joint Resolution 5 seeks to establish the constitutional Right to Hunt, Fish, and Harvest Wildlife in the state. Though hunting, fishing, and trapping has long been a part of America’s heritage, the “right” to hunt, fish, and trap has recently come into question through the efforts of anti-hunting organizations. Many states have amended their state constitutions to give citizens the right to hunt, fish, and trap in a responsible manner to formally recognize what has been in place for centuries. Currently, 22 states have enacted legislation or amended their constitution to protect the right to hunt and fish.

In Montana, SB 111 aims to allow the use of crossbows during archery season for disabled hunters. This legislation will expand access and opportunity for those who might not otherwise be able to participate in hunting without the ease of access and ability that a crossbow can provide for a disabled hunter. Expanding the ability for disabled sportsmen and women to participate in hunting is crucial for ensuring that all are able to enjoy the outdoors in a manner that fits their needs appropriately while ensuring that our heritage remains for years to come by being available and accessible to everyone.

CSF also expects to engage on SB 62 in Montana, which would clarify statutes defining the unlawful possession of game animals, game fish, birds, or any fur-bearing animal. Wildlife are managed as public trust resources for the benefit of all citizens. This bill relates to the Lacey Act, a longstanding federal law that banned the possession, sale, and transport of illegally taken fish and wildlife. Hunters and professional wildlife managers work to ensure that healthy and sustainable populations of wildlife continue in perpetuity. To ensure the North American Model of Wildlife Conservation continues to thrive as it has for decades, this bill includes important language that would further exemplify and enhance these efforts at the state level.

The Congressional Sportsmen’s Foundation is committed to protecting and advancing the interests of sportsmen and women in the political arena with our partners, including Houston Safari Club. The policy proposals discussed here are crucial to ensuring that our heritage remains vibrant and accessible for generations to come. CSF will not waver in our steadfast dedication to being a voice for sportsmen and women in state legislatures across the country.

To stay up-to-date on the legislation mentioned in this article or to learn about the many other issues that CSF is working on, signup for our weekly newsletter, The Sportsmen’s Voice. Additionally, you can receive free personalized alerts on outdoor sporting conservation legislation in your state by signing up for CSF’s Tracking the Capitols. Visit congressionalsportsmen.org to learn more and to sign up for these free services. ★