l|fi|il ilililil|ililruilil 2012 Display unlil0ctober
Flushes &N YourMoney ls NoGood Here
According to Mike Piccioneof the Dailv Caller,Bank of America no longer wants to do businessr,vithMcMillan Firearms Manufacturing.The Phoenix,Ariz., companymanufacturesa lvide variety of hunting,competition,and tactical rifles and has been bankingwith Bank of Amelica for l2 years.Kelley McMillan, the OperationsDirector fbr McMillan Firearms,which also owns McMillan FiberglassStocksand the McMillan Gror.rpInternational, said McMillan has never beenlate on a pavmentand has never bounceda check.The outstanding debt on its line of credit is at 6l percent. The company receiveda personal visit from a representative ofthe bank. "A bank leprescntatlve spentlive minutes talking abouthow BankofAmerica makesa boldstatement withMcMillanM c M i l l a n h a s changedin Firearms Manufacturinq. PhotoAilest 0rlando. the lastfive yearsand had becomemore of a lirearms manufacturertlran a supplierof accessories." McMillan said. "At this point I interruptedhim and asked,'Can I possiblysave you sometime so that you don't wasteyoul breath?What you ar.e going to tell me is that becauselve are in the firearmsmanufacturing you no longerwant my business."' business The banker'sresponse accordingto McMillan? "That is correct." The McMillan group of companieswor.rldsoon be paying ofT its creditline and closingits accountswith Bank of America.
Gonservation EtfortsBenefitfrom Record 2011Excise Taxes
The National ShootingSportsFoundatior.r reportsthat wildlife conservationefforts got a boost in 2011 thanksto excisetaxespaid by America's firearmsand ammunition industry.Excise tax obligationsfor firearmsand ammunition manufacturerswere up 27 percentin the fburth quarler and up l4 percentfor the 201I calendaryear when cornparedto the sameperiodsthe previousyear.Obligationsfor the full 201I calendaryear were the highestfor a calendaryear to date.Excisetax collectionsare a key economicindicator for the industry.These l0 to I I percentexcisetax dollars, collectedsince 1937underthe Pittman-RobertsonFederalAid in Wildlife RestorationAct, are specificallydesignatedto be usedby statewildlife agenciesfor conservation.Collectively, purchasersof firearmsand ammunitionand huntersare the single-largestsourceof wildlife conservationfunding.
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Canadian LongGunLawsLoosenUp Overjoyed Canadiansare celebrating the recentoverturning of the FirearmsAct. According to Tony Bernardoof the CanadianShooting SportAssociation,"The FirearmsAct has been a thorn in the side of hunters,sport shooters, farmers,and heritage firearmsenthusiastsfor l7 years."
Thelawrequired Therecent repeal 0ftheFirearms Acthas
Canadiancitizensto Canadianresidentsand AmeriCan travelling registershotgr.rns and spoftsmensmilingaboutone lesslicensing rifles,which Bernardo hurdleto leap Photo/Angela Keer' said sportsmel consideredto be fiustratingto honcst,law-abidingfirearmsowners. "Thc anti-gunfbctionhad to torquestatistics and align thernselves with the unionsand politicallymotivatedleft-rvingadvocates. Wc thank the Halpergovernmentand thosewho haveworkedtirelesslyto put this legislativemessout to pasture." U.S. citizensenteringCanadar.vitha firearmwill still needto get a temporarylicensc,but they will no longerneeda temporaryregistration fbr long guns.Canadiangun registrationlaws still allor,v American sportsmcnto pre-rcgistertlreir shotgunsand lifles. For advancedfirearm registlationinfo: lvwlv.rcmp-grc.gc.ca/cfp-pcaf/infbrmation/visit/indexens.htm.
Pheasants Galore
Every cloudhasa silverlining, andthereis a big onefbr South Dakotapheasanthunters.While many huntersconsidered the 201I huntingseasonto be poor by recentstandards,more than 1.5million pheasants were harvested.Those numbersare only down about 300.000birds from the estimated1.8million roostersthat were taken by hLrnters in 2010.South Dakota'sreputationas a leading statefor pheasant Although theperception wasthatthe201.1 huntingis still intact. pheasant South Dakota hunting season was Accordingto the horrible, thereality isthatthenumbers were Game,Fish and Parks Commission'sChad onlyslightly lower thantheywerein2010. Switzer',the smallerbag Photo,Tom Keer. was expectedfor two primaryreasons. First,the toughwinterof 2010-2011negativelyimpacted the birds. Second,there was a temporaryloss of habitatas farmers convertedgrassacresto crops.Despitethosetwo hurdles,the 201I harvestwas still the ninth highestin the past 20 years. "Even with that decline,things were still good from a large-scale perspective," Switzersaid. Huntersagainturnedout in large numbersdespitethe lower expectations.Non-residenthunterstotaled95077, down from 100.189 in 2010,while SouthDakotahuntersnumbered69.120.down from72A65.
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Hunter-ed.com Seeks to Increase Hunting License Sales
woods.Mark Duda. the executivedirectorof ResponsiveManagement,the assessment firm, suggestedthat stateagenciesresponsiblefor hunter educationexploreways to immediatelyget hunting licensesinto the handsofcourse graduates.Doing Kalkomey Enterprises,the official provider that would meanhuntereducationgraduateswould of recreationalsafety education products for all Thanks toa studysanctioned by face one lessbarrierto activehunting participation. "One way of accomplishingthat would be Kalkomey Enterprises, hunting license 50 statesand the parentcompanyof hunter-ed. com, believesthat fine-tuninghuntereducation salesmaysoonbeontherise.Photo/ to includethe fee of an annualhunting licensein programscould result in an increasein the TomKeer. the overall price of courseregistration,thereby numbersof licensedhunters. guaranteeingthat studentsleavethe coursefully According to Tammy Sapp,CommunicationsDirector, licensedto hunt in their state,"Duda said. Kalkomey Enterprises,conducteda study to assessthe bestways of Another suggestionto increasethe numberof huntereducation encouraginghuntereducationgraduatesto becomeregularhunters graduateswho purchasehunting licensesis to offer optional followand licensebuyers.Focusgroupsand pre- and post-huntereducation up courses.Seminarsor distancelearningoptionscould be an coursetelephonesurveyswere conductedof studentsin Alabama, additionalsourceofrevenue for agenciesas well asprovide new Georgia,and Kentucky. hunterswith more information on topics suchas scouting,hunting The studyrevealedthat between85 percentand94 percentof strategies,or field dressinggame. huntereducationstudentsacrossthe threestatessaidthey were very The study also showsthat huntereducationgraduatesareopen likely to obtain a hunting licenseafter their course.However,a series to the ideaof receivingemailsthat offer key hunting information. of follow-up studiesindicatedthat only 30 to 41 percentactually Agenciesthat developa mailing list can remain in contactwith purchasedhuntinglicensesafter the course. coursegraduatesand targetthem with opportunities,events,and As a way to boostthe hunting licensesalesand time spentin news items throughoutthe year.
LeadShotto BeAllowed for lowa Mourning Dove Hunting Season From radioiowa.com: Govemor Terry Branstadhas used his authority to veto a stateagencyrule so dove hunterswill be able to use lead ammunition in Septemberwhen the dove hunting seasonopens. The governor's Natural ResourcesCommission, after its chairmancheckedwith Governor Branstad,voted last summer to ban lead shot, as critics say the lead that doesn't reach its targetposesenvironmentalharm to both animals and humans. But then Branstadsaid he learnedthe Iowa House had voted againstthe idea of banning lead shot when the bill establishinga dove huntingseasonwas passedin 2011. "The law, I think, is pretty clear is that the responsibility of the Natural ResourcesCommission was to set the seasons,not determinewhat kind of shot can be used in hunting," Branstad said. A legislative committee that reviews the regulationsdrafted by stateagenciesput a hold on the rule banning lead shot, giving the full legislaturean opportunity to weigh in on the issue.The Iowa House voted to nullify the rule, but the Senate didn't take up the issue - which meansthe ban on lead shot went into effect. Branstadused his authority to veto the rule. "I believe it is important - not only on this issue,but on other issues- that we intend to abide by the law and not let administrativeagenciesexceedtheir authority and do something beyond what the legislaturehas delegatedto them," Branstad said. "The determinationof whether hunters should be forced to stop using traditional shot is somethingthat should be decided by the legislature,not by administrative fiat." SenatorDick Deardenoa Democrat from Des Moines, is a long-time backer of the move to allow dove hunting in
Iowa. Dearden attendedthe ceremony Branstadheld to sign the executive order vetoing the ban on lead shot. "I'mjust happy with the result,not necessarilythe process," Deardentold reporters. The Iowa House voted this past February to allow lead shot for dove hunting but the Senatenever took up the measure. Dearden is unwilling to say whether the Senate'sinaction on the issuewas intentional or accidental.Deardenintends to hunt doves in Iowa this September,using lead shot. "Absolutely," Dearden said. "You know, if you're walking acrossa field pheasanthunting and a dove comes over, you don't have time to changeshot. The lead thing is more anti-hunting. It's a way of, 'if we make it more and more difficult to hunt, there's going to be lessand lesshunters."' Earlier this year the Sierra Club's Iowa chapterfiled a lawsuit to try to get a court to uphold the Natural ResourcesCommission's decision to ban lead shot and require "non-toxicn'steel shot for the dove hunting season. "Not sure you can air my thoughts," Neilla Seaman,a spokeswomanfor the group, quipped when askedby Radio Iowa for her reaction to Branstad'sdecision. "I'm very disappointedthat this is happeninglike this." Seamansaid Branstad'sreasoningdoesn't make sense. "You know, he said it was up to the legislatureto make the decision about how to proceedwith this and when he didn't like what the legislaturedid - which was the Senatedid nothing now he's issuedan executive order that rescindsthe ban on lead ammunition for hunting mouming doves," Seamansaid. Governor Branstadargueshis veto of the Natural Resources Commission rule makes the Sierra Club's lawsuit "moot." Seaman saysshe's consulting with a lawyer to determinewhat the Sierra CIub's next stepwill be. The Upland Almanac lAutumn 2012$
Flushes & H.R. 4089Provides Fundraising
Bonanza for Extremist Groups Flom the U.S.Spoftsmen's Alliance: Followingin the footstepsof the nation'smost powerfulantihunting organization,a quartetof environmentalgroups wasted no time firing offfundraisingappealsto fight HR 4089.The bill, alsocalledthe Sportsmen'sHeritageAct oti2012,is the most significantpro-sportsmen legislationin l5 years.The funding requestsarefull of lies,mischaracterizations, and distortions. Joiningthe HumaneSocietyof the United Statesin this cynicalattemptto cashin arethe Centerfbr BiologicalDiversity, Defendersof Wildlife, The WildernessSociety,andthe National ParksConservation Association. Opponentsfalselyclaim that the Sportsmen's HeritageAct will: . Allow motorizedaccess,roads,Iogging,andoil / gas developmentin wildernessareas. . Prohibitthe useof the NationalEnvironmentalPolicyAct in makinghuntingand fishingmanagement decisionson public lands. . Mandatethat huntingbe allowedin NationalParks.This could includehuntingat historicbattlefield,cemeteries, or othersensitiveculturalsites. . Removeprotectionfrom the EndangeredSpeciesAct and the Marine Mammal ProtectionAct fbr oolarbears. . Allow unregulated huntirrgon t'ederilpublic land. . Removethe authorityof the U.S. EPAto regulateleadin ammunitionand fishingtackle. Bill Horn, federalaffairsdirectorfbr the U.S. Sportsmen's Alliance(USSA), is one of the key contributorsto the language in H.R. 4089.A fomerAssistant Secretaryof Interior,Bill explainswhat is fiction and what is f'actaboutthe Sportsmen's Heritage Act of 2012. Fiction: "Provisionundercutsthe WildernessAct: Section 104(e)shouldbe calledthe 'Motorize Our WildernessAreas Provision'becauseit could allow rnotorizedaccess,road construction, and loggingandenergydevelopmentin wilderness areas."- The WildernessSociety. Fact: H.R.4089 doesnot opendesignatedwilderness to roadbuilding,motorizedaccess,or oil/gasindustry development. In reality,Section104(e)(I ) states:"the provision ofopportunitiesfor hunting,fishing,and recreationalshooting, and the conservationof fish and wildlife to provide sustainable userecreationalopportunitieson designatedwildemessareas on federalpublic lands shall constitutemeasuresnecessaryto meetthe minimum requirementsfor the administrationof the wildernessarea." An additionalsubsequentclausein (e)(l) prescribesthis languageis "not intendedto authorizeor facilitate commodity development,use,or extractionor motorizedrecreational ffi fne UplandAlmanaclAutumn 2012
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accessor use. None of the languagein this sectionwould opendesignated wildernessareasto roadbuilding,motorizedaccess,or oil/gas industrydevelopment. The "deemnecessary"languagewas includedto contravenethreeU.S. Court of Appealsrulingsthat ovefturnedU.S. Fish andWildlif.eServiceandForestService determinations aboutthe "necessity"of conservationactivitiesand recreational access(via horseback)to satisfythe requirements of the Wildemess Act. Section104(e)(l)clarifiesthe interpretation of the Wilderness Act that the agencieshad reliedon fbr morethan30 yearsuntil the 9th Circuit steppedin. Justas was the caseprior to thesejudicial actions,motorizedaccessand roadbuildingwould not be authorized in wildernessareas.The bill speaksof providing"oppoftunities"for hunting,fishing,recreationalshooting,and wildlife conservation, br.rtdoesnot reference"motorizedaccessopportunities"or "road accessopportunities."Lanclmanagement agenciescan satisfythe requirements of Sectionl0a(c)(I ) by making surethattraditional wildernessopportunitiesareavailablevia accesson fbot or on horseback. The allegationsregardingsectionl0a(e)(2)areevenmore offthe rnark.Pleasenotethat it merelyreaffirmsthe ORIGINAL languagein the I 964 WildemessAct. Section4(a) of the l 964 Act ( l6 USC 475; Pub.L.88-577)providesthe following:"The purposesof thisAct (theWildernessAct) areherebydetennir.red to be within and supplemental to the purposesfor which nationalfbrests andunitsofthe nationalparksystemand nationalwildlife refuge systemsareestablished andadrrinistered."Pursuantto this 48-yearold language- still in el1'ect- wildernessareasareoff limits to motorizedvehicles,roadconstruction, etc. However,the 9th Circuit (again)disregarded this languagein a recentArizonaRefugecase holdingthata wildemessareawithin a refugeunit hadto be treated as a wildemessfirst anda refugesecond;thatelevatedthe plainly "supplemental"purposesof wildernessabovethe "primary" wildlife conservationpulposesof refugesper the I 966 and I 997 RetugeActs. To corect the elrant9th Circuit, HR 4089 providesthe fbllowing in 104(e)(2):"The term 'within and supplemental to' wildernesspulposesin section(a) of PublicLaw 88-577,meansthat any requirements imposedby thatAct shallbe implementedinsofar as they do not preventfederal public land managementofficials and statefish and wildlif'eofficialsfiom canying out their wildlife conservationresponsibilities or providingrecreational opportunities on the federalpublic landssubjectto a wildemessdesignation." This provisionis also subjectto the clauseaboutno commodity development,extractionor motorizeduse. The languageis limited to wildlife conservationand hunting/fishingrecreational opportunities- nothing in it providesany authorizationfbr oil and gas,mining, grazing,roadbuilding,logging,or motorizedaccess. Claims to the contrary arejust a willful misreadingof the language. Fiction: "Provisionprovidesan exemptionfrom the National EnvironmentalPolicy Act (NEPA): Sectionl0a(cX1XB) prohibits the useof NEPA in making huntingand fishingmanagement
decisionson our public lands and forests." - The Wilderness Society. Fact: Section 104(cX1)(B)doesnot prohibit adequateNEPA review as wrongly alleged.Let me quote the provision itself: "No actiontaken under this title (i.e., to provide for flshing, hunting or recreationalshooting)or section4 of the National Wildlife RefugeSystemAdministrationActof 1966(16 USC 668dd),as amendedby the National Wildlife Refuge SystemImprovement Actof 1991, either individually or cumulatively with other actionsinvolving federal public lands,shall be consideredto be a major federal action significantly affecting the quality of the human environment,and no additionalidentification,analysis, or considerationof environmentaleffects,including cumulative effects,is necessaryor required." SinceHR 4089 establishesthat BLM and Forestlands are "open until closed" to fishing and hunting, no agency"action" per se is neededto keep thesefederalpublic lands open to anglersand hunters.Ifthere is no "action," there is no needto do an environmentalimpact statement(EIS). However, federal courtsdo not like implied amendmentsto NEPA (and the EIS requirement)so this provision makesit plain that when BLM or ForestServicecomply with this bill to provide fishing/hunting/ shootingopportunities,no additionalEIS or NEPA review is necessary.How this languagecould "actually result in less hunting opportunity" as somehave statedis beyond me. That chargeis just anotherspeciousred herring. The RefugeActreferences in section104(c)(1)(B)are designedto correct anothererrantcourl ruling. The 1997 RefugeAct specifiedthat the U.S. Fish and Wildlife Service (FWS) would preparea ComprehensiveConservationPlan (CCP) for eachrefugeunit and make the decisionswithin the CCP to provide for hunting and flshing (which are designated "priority public uses"in the 1997ImprovementAct). Each CCP is accompaniedby an appropriate NEPA document - an EIS or an EnvironmentalAssessment(EA). Anti-huntersfiled suit againstFWS arguingthat a seriesof CCP/EIS decisionsto allow hunting on 51 refuge units were illegal becauseFWS had failed to consider"cumulative effects."FWS defendedits action sayingthat as therewere no on-the-groundconnectionsand no cumulativeeffectsassociatedwith deerhunting on the Bond SwampNWR in Georgia,bird hunting on the CanaanValley NWR in West Virgirfa, duck hunting on refugesin North Dakota, or caribouhunting on refugesin Alaska, a "cumulative effects" analysiswas unnecessaryand superfluous. The court orderedthis analysisanyway,and FWS spent hundredsof thousandsof dollars and yearsof staff time producingthis superfluous(but legally necessary)analysis. HR 4089 reversesthe court decision.re-establishesthe intent of the 1997RefugeAct, and sparesFWS from having to do costly,time consuming,factually unnecessarycumulativeeffectsanalyses regardingits decisionsto open refuge units to hunting and flshing. Most in the sporlsmen'scommunity would ratherhave FWS
spendfinite dollars and personnelresourceson genuineconservation work ratherthan uselesspaperwork.And by eliminating the courlimposedrequirementto engagein uselesspaperwork,it facilitates action by FWS to open more refugesto flshing and hunting. Fiction: "H.R.4089 mandateshunting on public lands including National Parks." - Humane Societyof the United States. HR 4089 "could allow hunting at historic battlefields, cemeteries,or other sensitivecultural sites" accordingto the National ParksConservationAssociation- E&E Daily , Apnl 9 ,2012. HR 4089 ignores"the millions of families who visit, value, and love experiencingand leaming about our heritagein our National Park System,but its odd treatmentof many National Park Service areasis highly arbitrary and wholly inappropriate."- Craig Obey, National ParksConservationAssociationseniorvice presidentof govemmentaffairs. Fact: It is evident that this is just more misreadingof the bill's actualtext and willful disregardof existing (unamended)statutory authority and 35-year-oldcaselaw regardinghunting on NPS units. HR 4089 doesnot mandatehunting on National Parks,period. Nowhere can that languagebe found in the bill. In fact, section 104(h)speciflesthat nothing in the bill "requiresthe openingof nationalpark or nationalmonumentsunderjurisdiction of the National Park Serviceto hunting or recreationalshooting." First, almost all designatedNational Park and Monument units are statutorily closedto hunting or closedin the Presidential Proclamationthat createsthe unit (in the caseof monuments). Second,at the other end of the spectrumare statutorilydesignated Preservesin which Congressmandatedin law that hunting be allowed. Third, in the middle are an array of NPS units that are not parks,monuments,or preservesincluding lakeshores,seashores, battlefleldparks,historic sites,recreationa"reas, nationalrivers, etc. In many of theseunits, Congresswas never expresslyclear about whetheror not hunting was authorizedon suchunits. In the late l9T0slearly 1980sdisputesaroseregardinghunting and trapping on someofthese units including a couple oflakeshoresand a nationalriver. NPS initially adopteda policy that units were closed to theseactivities unlessthe law creatingthe speciflcunit expressly mandatedor provided for hunting and trapping. NRA challengedthis policy in federalcourt and lost the casethe court determinedthat generalNPS law (i.e., the 1916 Organic Act) and Congressionalsilenceprovided adequateauthority for NPS to adopt and enforcethis policy. Immediately following this court ruling, NPS promulgateda regulationto this exacteffect - 36 CFR 2.2(b) -which remainsin full force and effect.The regulation states"hunting may be allowed in park areaswhere suchactivity is specificallyauthorizedas a discretionaryaction under federal statutorylaw if the superintendentdeterminesthat suchactivity is consistentwith public safetyand enjoyment,and soundresource managementprinciples" (emphasisadded). Enter HR 4089.It provides as a generalmatterthat on "federal public lands" - which include NPS units - the federalland managers"shall exercisetheir authority under existing law" to The Upland Almanac lAutumn 2012W
ro^,r Knen Flushes & Noteworthy Points compitectby
facilitatehunting (and shooting)"except as limited by (1) statutory authoritythat authorizesactionor withholding action for reasons of nationalsecurity,public safety,or resourceconservation; ... (3) discretionarylimitations on recreationalfishing, hunting, and shootingdetermined(by the land managingagency)to be necessary andreasonable. ..." Section104(a)(1),(3). '80s In the caseofNPS units,the early court decision(and the subsequentregulation) determinedthat NPS had "statutory authority"to withhold action(i.e.,not act to opena unit to hunting)for reasonsof public safetyor resourceconservation. HR 4089 doesnot changethe law or the regulation or mandate NPS to take suchaction. Fundamentally, the bill (and section104)leavesintact established NPS discretionregardingthesematters.The early 1980scourt decisiondid not concludethat NPS was compelled or mandatedto promulgatethe rule at 36 CFR 2.2(b);the court held that the agencyhad the discretion to adopt the rule. NPS hasthe authorityand discretionto revokethe 3S-year-oldrule, if it chooses,and adopta differentpolicy if it wants.NPCA (via the proposedHolt amendment)wantedto changethis law and codify in statutethe 36 CFR 2.2 rule. NPCA wanted to strip NPS of the retaineddiscretionto changeits mind regarding huntingon thesenon-parkand non-monumentunits and is now declaimingthat preservationof the legal statusquo in HR 4089 constitutessomethreatto theseNPS units. Bottom line, NPS could amendexistingpolicy and regulationsto allow huntingon a varietyof its units.The agency hasauthorityunderexistinglaw to dojust that but hasnot taken suchactionfor nearlyfour decades.HR 4089 doesnot change this law and emphaticallydoesnot mandateagencyaction to opentheseunits - like Gettysburgor the Mall - to such activities.Thesechargesarejust one more red herringbeing peddledby HR 4089'sopponents. Fiction: "H.R.4089 putspolar bearsat risk. It would undo protectionfor polar bears."- HumaneSocietyof the United States. Fact: Title III in H.R.4089 simply allows these4l trophies to be brought into the United States.It doesnot re-openany additional polar bear importation. It does not remove current protectionson polar bears.The 4l bearsin questionarealready dead. The U.S. Fish and Wildlife Servicelistedpolar bears as endangeredin 2008 over the objectionsof the Canadian govemment,Americansportsmen,and nativetribesin the Arctic. Prior to the listing taking effect,41Americanslegally took polar bearsin Canada.The trophies have been maroonedin Canadasince. Fiction: "H.R. 4089 mandatesthat federalagenciesopen nearly all federal public lands to hunting without regard to the impacton huntingand otherresources."- HumaneSocietyof the United States. Fact: Hunting seasonsand bag limits on Bureauof Land Managementand ForestServicelands are set by the individual &
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statewildlife agenciesas part of their missionto managewildlife. H.R.4089 doesnothing to changethat. The state'sauthorityto considerthe impact of hunting is maintainedentirely. Fiction: "H.R. 4089 would strip the EPA of its ability to protect people,animals,and the environmentfrom poisoningthroughtoxic lead ammunitionexposure."- HumaneSocietyof the United States. Fiction: "H.R. would exempttoxic lead in ammunitionand fishing equipmentfrom regulationunderthe Toxic Substances ControlAct." - Centerfor BiologicalDiversityAp/'l 11,2012. Fact: The Centerfor Biological Diversity's (CBD) attackon HR 4089 continuesa patternof disinformationand misrepresentation aboutwhat the bill doesand what existing law actuallyprovides.In Title IV of the bill, which confirms this case,CBD misrepresents very recentEPA decisionsaboutthe agency'slack of authorityunder the 1916Toxic SubstancesControl Act (TSCA) to regulatelead in ammunitionandfishingtackle. CongresspassedTSCA 36 yearsago to regulatehazardous chemicals.The law specificallyexemptsammunitionfrom this regulatoryscheme. Disregardingthi s plain language,in 2001environmental ists petitionedEPAto useTSCA to bantraditionalammunitionthat uses leadand fishingsinkersand luresusinglead.On Aug. 27,2010,EPA rejectedthe petition concludingthe law doesnot authorizeEPA to regulateor ban leadin ammunition.EPAalsodeclinedto regulate fishingsinkersor lures. In March 2012 activistsled by CBD filed a new petitionwith the ObamaEPA looking for a different answeron ammunition. But the law is the law and on April 9,2012, EPA reachedthe same conclusion:the March petition"providesno new information that would leadEPA to considerthe 2012 submissionto be a new petition under Section2l , nor does it include information not previouslyconsideredby EPA that would warrantreconsideration ofEPA's conclusionthat it doesnot have authority underthe TSCA to regulateshot and bullets." The EPA releasecan be found at http://www.epa.gov/oppt/chemtest/pubs/petitions.html. Not willing to take"no" for an answer- twice - CBD filed suit againstEPA arguingthat TSCA doesallow EPA to regulateand ban traditionalammunition. Aware of this new suit, and not wanting someactivist federal judge to overrulethe EPA decisionshandeddown by two different Administrations,the Houseof Representatives includedTitle IV in HR 4089 confirming EPA'sreadingof TSCA. CBD wantsto changethe l916law and opposesaction by Congressto merely confirm what has beenthe basic understandingofTSCAfor nearly 40 years. The activist attackon fishing gearfollows a similar pattern. As noted,EPA rejectedin 2010 the first effort to regulatefishing tackle.CBD and companyliled a new fishing tacklepetition in November201l. And EPA rejectedit again in February2012. Title IV of HR 4089 also confirmsthis actionby the ObamaEPA. Again, it is the activistsseekingto changethe law - HR 4089 maintainsthe TSCA as enactedin 1916 and continuesto bar EPA from expandingits reachto regulatefishing tackle.
UAGontributor Exhibits at the Wildlife Experience Eldridge Httrdie - Art oJ etLfe in Sport, a one-manexhibit of more than thirty original oil, watercolors, and drawings covering four decades of this preeminentsportingartist's work is currently being displayedat The Wildlife Experiencein Parker, Colo.,a shortdrive from downtown Denver.The exhibit runsto Sept.3. Driven Grouse Scotland, a24 x36 inches, oil;oneexample of Eldridge Hardie's stylethatpresents realistic images I Hardiehaslong beenwell whileatthesametimeevokes imoressions andemotions. knownto collectorsof fine sporting art for his authenticportrayalsof anglingand huntingexperiences. Ln2011,he was the featured artifactsof his long career. artistat the Southeastern Wildlife Expositionin Charleston,SC. The Wildlife Experiencehostsmany outstandingtraveling He was also honoredwith the first ever retrospectiveexhibit at The exhibits such as Birds in Art , The SocietyoJAnimal Artists, andArt NationalBird Dog Museum.He hasexhibitedat the Prix de Wesr oJ'theDive, and hasan impressivepermanentcollectionof major Invitationalat the NaJionalCowboy & WesternHeritageMuseum, wildlife art. It inspiresan appreciationand respectfor wildlife Artistsof America,GreatAmericanArtists,The NationalMuseum and the outdoorsthroughadventure,experiences, and education. of Wildlife Art, and theAmericanMuseumof Flyfishing.The Fresh A uniqueblend of fine art, interactiveexhibits,largeformat film, Water Fishing Hall of Fame has namedhim a LegendarvArtist. naturalhistory,and communityeducationalprogramsprovidesThe In additionto regularlyprovidingaftwork for coversof Z/re Wildlife Experiencethe opportunityto presentinformationon the UplandAlmanac,Hardiehaspublishedhis art in other magazines world's wildlife and ecosystems that encourages discoveryand and has illustratedmore 25 spofiing books. understandingthrough fun and entertainment. This is a uniqueopportunityto seepaintingsfrom the artist's For more information caIl720-488-3300or visit and otherprivatecollectionsas well as his workbooksand other www.thewildlifeexperience.org.
Gollegiate SportShooting Growsin Leaps andBounds A record6l collegesand universitycompetedat the ACUI Intercollegiate Clay Target Championshipsheld in late March 2012 in SanAntonio, Texas.The event hasreceived a tremendousamount of support from the National Shooting SportsFoundation'sCollegiateShootingSportsInitiative. Shooterscompetedacrosssix different events,which included American Skeet and Trap, International Skeet and Trap, Five Stand,and SportingClays. For the secondyear, Missouri's Lindenwood University took high overall team in Division L And while the overwhelmingnumberof studentshooterscame from schools located in hunting and shooting hotspotslike the South and the Midwest, some surprisesdid exist. Two Ivy Leaguecolleges,Harvard and Yale, fielded teams,as did the University of Vermont and Richard Stockton Collegeof New Jersey.
Thanks totheACUI andtheNSSE skeet, trapandsporting clayscourses near many college campuses arebeing visited bycollege studentathletes, Photoflom Keer. The UplandAlmanaclAutumn 2012W