TRENTON, N.J. (AP) — An appeals court panel on Wednesday denied a request by hunting groups to immediately overturn New Jersey's decision to scrap a bear hunt this year.
The court rejected a request for an emergency ruling by the New Jersey State Federation of Sportsmen's Clubs and other groups that argued the state's environmental protection commissioner had no authority to reject a bear hunt planned for next month.
The ruling stated the court rejected the request because hunting advocates could not demonstrate "irreparable harm" and because of "the unsettled nature of the legal issues." The decision stated the appeal would continue as normal ones do.
The bear hunt had been set for Dec. 4-9 before it was canceled when state Environmental Protection Commissioner Lisa Jackson rejected the state's black bear management policy, which included the hunt opposed by Gov. Jon S. Corzine and environmentalists.
Douglas Burdin, lawyer for Safari Club International, which was among the groups that sued the state, said they will likely seek an emergency ruling Monday from the state Supreme Court.
"We are considering that option," Burdin said. "That's our only avenue right now for getting relief for this year's hunt."
He said waiting for the appeal to run its ordinary course would take too long.
"We're disappointed in the ruling, particularly because the state took this action essentially at the last minute and forced us to go to court on an emergency basis," Burdin said.
The DEP hailed the decision.
"This ruling has affirmed the DEP commissioner's authority to withdraw the bear management policy," spokeswoman Elaine Makatura said.
But Burdin said the ruling didn't go into the case's merits, only whether the dispute deserved an emergency ruling.
"No one should take this as an endorsement of what the commissioner did," he said.
Groups supporting the hunt filed suit alleging Jackson had overstepped her authority. Jackson wants the state to focus more on non-lethal ways to control bears, such as teaching people to properly dispose of garbage so it won't attract bears.
A December hunt would be New Jersey's third in four years. Nearly 300 bears were killed in last year's hunt.
"We were expecting DEP to be upheld and we feel this is an important victory for bear management in New Jersey," said Jeff Tittel, New Jersey Sierra Club executive director.
