In 2021, U.S. Fish and Wildlife Service (FWS) enacted restrictions on hunting and training with dogs on the Silvio Conte National Wildlife Refuge (Conte) without any notice to the public that would have provided an opportunity for feedback. Disclosure of pending regulations and public comment is required by the Administrative Procedures Act (APA).
In 2022, the Sportsmen’s Alliance, Vermont Traditions Coalition, Vermont Federation of Sportsmen’s Clubs and the Vermont Bear Hound Association filed suit in response to violations of the APA by FWS when enacting the hunting and training restrictions in the Conte 2021 overall hunting plan. As a result, the groups have asked a federal court to negate the 2021 restrictions.
In response to the suit, FWS has reopened the Conte Hunting Plan for comment, but with a very tight turnaround. It is important that sportsmen in Vermont and New Hampshire who hunt at the refuge comment so that FWS hears from hunters on this issue. Please refer to the end of this alert for the details on the rule and how to comment.
The 2021 hunting plan included three significant hunting restrictions that were never disclosed to the public when the plan was proposed:
- Hunters using more than two dogs must obtain a Special Use Permit from the Refuge Manager, which can be denied for no reason.
- At the Putney Mountain Unit of the Conte Refuge, dogs may not be used for hunting any species other than ruffed grouse.
- The dog training season has been reduced from June – August to a one-month season beginning August 1. Hunters must obtain a Special Use Permit to train their dogs, which can be denied for no reason.
Now FWS is attempting to put the genie back in the bottle with a redux on the hunting plan rulemaking, providing the public an abbreviated timeline for comment on the 2021 restrictions, presenting those changes, now in 2023, as “Preferred Alternative A,” the no action alternative, because these regulations are the status quo.
If you’re following, what FWS is saying that while the 2021 rulemaking might have been improperly noticed, FWS is providing that notice now in 2023, so the preferred alternative is to leave the 2021 hunting restrictions in place. It is also important to note that FWS has also limited the comment period to 30 days for their redux, a much narrower timeline than the routine 90 days for federal agency rulemaking of this type.
To add insult to injury, FWS also presents another option, what they call “Alternative B,” which is the rules as they existed previous to the mishandled rulemaking of 2021. Amazingly, they call this alternative an “expansion” of hunting and training with dogs on the Conte Refuge.
It is obvious why hunters, anglers, and trappers must respond to this administrative two-step. If agencies are allowed to blindside the public and then use such tactics to prefer a regulatory scheme that was never properly noticed to the public in the first place, it is hard to say what will stop them from canceling hunting activities with no warning in the future. Of any type, for any species, at any time.
The deadline for filing comments is May 25, 2023. For information on the revised hunt plan and how to comment, please visit https://www.fws.gov/refuge/silvio-o-conte. As of May 4, 2023, links to all documents pertaining to the 2023 hunt plan are contained within a highlighted banner at the top of the page. Please reach out to the Sportsmen’s Alliance immediately if the information is moved from this landing page or if you need additional assistance.
About the Sportsmen’s Alliance: The Sportsmen’s Alliance protects and defends America’s wildlife conservation programs and the pursuits – hunting, fishing and trapping – that generate the money to pay for them. Sportsmen’s Alliance Foundation is responsible for public education, legal defense and research. Its mission is accomplished through several distinct programs coordinated to provide the most complete defense capability possible. Stay connected to Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.