Summary:
Two hunters were convicted of violating the Lacey Act after they hunted on a federal wildlife refuge, killed a deer and transported the carcass out-of-state. The trial court imposed sentences of probation and fines. The District Court affirmed the conviction and sentences holding they were reasonable.
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.
Summary:
Defendant first argues that the district court lacked jurisdiction because the government failed to plead and prove two essential jurisdictional elements for a 16 U.S.C. § 3372(a)(1) violation--namely, that Mr. Gardner was not an Indian and that the crime affected interstate commerce. The court found the non- Indian status of the defendant is not an essential element of jurisdiction for a 16 U.S.C. § 3372 violation. It is only necessary to plead and prove an interstate commerce nexus where § 3372(a)(2) is implicated. The Court reverses because the jury instructions did not sufficiently instruct the jury as to how it should consider uncorroborated accomplice testimony.
Summary:
Motorist struck an elk lying on the side of the interstate highway and sued the state for negligence. The Court held that the state could be held liable for negligence and that the jury finding that the state breached its duty to keep the highway safe was supported by the evidence.
Summary:
This advertisement for "The Hunt Club" indicates it provides lodging, meals, and hunts of waterfowl and big game on its 16,000 preserve. It also adds that it has a "trophy management policy" with regard to hunts of "trophy" deer on a 4,000 acre archery area.
Summary:
This table, developed by Joyce Tischler of ALDF, summarizes the pertinent federal regulations and state laws related to dogs chasing wildlife. External links to state DNR sites listing further rules are also provided.
Summary:
The U.S. Fish and Wildlife Service (Service) has determined that the classification of the Tibetan antelope (Pantholops hodgsonii) as endangered throughout its range is warranted, pursuant to the Endangered Species Act of 1973, as amended (Act, 16 U.S.C. 1531 et seq.). The best available information indicates that the total population of Tibetan antelope has declined drastically over the past three decades such that it is in danger of extinction throughout all or a significant portion of its range. This decline has resulted primarily from overutilization for commercial purposes and the inadequacy of existing regulatory mechanisms.
