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Show News tile Eox 6310 Lincoln, Neb. 60506 - ) MoooSporf'smen Wn First Dov in DistricfCourt; I Temporary Injunction issued byJudae Ruqqeri The Moab Sportsmen's Club has its first round in a battle with the Division of Wildlife Resources to shorten ,),e deer hunt in this area. judge A. John Ruggeri, judge uro-tem in the Seventh Judicial District Court, firs' denied and overruled a notion to dismiss the hearing held in Moab Monday. The hearing was an order to show cause why the hunt in units 30A and B, and 31 A and B should not be shortened from the 11 days set by the Board of Big Game Control to 5 days. After hearing testimony and arguments argu-ments of counsel F. Alan Fletcher, Salt Lake City, representing the Moab sportsmen s Club, and Assistant Attorney Attor-ney General Larry Lunt representing the Utah Division of Wildlife Resources and Board of Big Game Contro, Judge Ruggeri issued the injunction sought by the Moab group. A trial on the matter was set for Sept. 14 in Moab with Judge Edward Sheya presiding, and the temporary injunction stopping hunting on the local units in question will be in effect until the trial is over. This injunction will also prevent bow and muzzle loader hunters from hunting on the units. The primitive weapons hunt had been scheduled to start this Saturday, Aug. 21. John D. "Bud" Phelps, director of the Division of Wildlife Resources, expressed concern following the hearing regarding enforcement of the injunction affecting the archery hunt. Surprise Move In a move that was a surprise to the defense, Mr. Fletcher charged that as of 8:25 Monday morning, the Hunting Proclamation specifying dates and lengths of all the various hunts, had not yet been filed with the State Archivist as required by law. The law provides that the document must be filed within 10 days after it is adopted. If it is not filed, it is invalid and has no force and effect, contended Fletcher. Judge Ruggeri apparently agreed, stating, "The court is deeply concerned hether or not there is a valid proclamation for 19''6-77." He questioned whether the aooarent oversight had arisen frorj what he termed "procedural failings" or possible from "some misunderstanding regarding procedures." Mr. Phelps, when asked the date the Hunting Proclamation had been filed and if it had been filed, answered, "I don't know" to both questions. He stated he assumed it had been filed since his secretary routinely handles such duties. Hunt in Question At the conclusion of the hearing Judge Ruggeri ordered Mr. Lunt to see that the proper documents are filed to give validity to the Hunting Proclamation. Proclama-tion. He said, "Because of the seriousness of this matter and because of the question of validity of the Proclamation the court grants the injunction temporarily until such time as it is established that there is a valid Proclamation in effect for 1976-77." It was determined by both attorneys Tuesday that the Proclamation had been filed, and that the information received Monday from the state archivist's office had been in error, therefor the primitive r weapons hunt in other areas of Utah will D proceed as scheduled Saturday. t Sportsmen's Club President DwightL Johnston represented the club at thep hearing but was not called to testify. The only people called to the stand were Mr. Phelps and Norman V. Hancock, Chief of Game Management for the Division of S , Wildlife Resurces and also chairman of " the State Interagency Committee, which t is charged with the responsibility on the ; state level to compile and coordinate data concerning the hunts. The Inter-ft agency Committee, both on the state and! Cr a'.'mied on Page A3 j:) toortsmen VJin JstRoond I I Continued from Page Al I ij) levels, consists of representatives of the Bureau of Land Management, U. S, Forest Service, and Division of Wildlife Resources. Local Hunters Opposed j Hancock testified that the Board of I Big Game Control set an 11-day hunt on I units 30A and B and 31 A and B despite the opposition of local hunters and a split vote by the interagency committee. He said that BLM and Wildlife Resources members of the committee recommended ( limited 5-day hunt, and only the Forest Service representative recommended an 11-day hunt. At one of 6 area hearings held by the Board of Big Game Control, in Price, June 23, 19 people from Grand and San Juan Counties attended to protest an 11-day hunt. They represented 2,081 resident petitioners who were opposed to the 11 -day hunt. Hancock and Phelps both testified that they were aware of the local opinion, but for other reasons had recommended the full 11-day hunt in the area. Hancock contended that the mild winter last year was the probable cause of a low count of deer droppings, and stated he does "not believe the deer herd is decreased in this area." He noted that hunting pressure has decreased here, however. Herd Not Endangered Hancock said it was his opinion, backed up by statistical information, that I a buck only hunt does not endanger a deer herd, whether that hunt lasts even as long as 30 days. He added additionally that to hold no hunt at all might result in a situation where the fawns were competing compet-ing with the bucks for browse, and this would endanger the fawn crop. It was then brought to light that if a deer herd is indeed diminished, there would be no competition for available browse. The Sportsmen's Club contended that hunter success in this area is at a 5-year low, that an 11-day hunt would draw in hunters from other areas, to the further detriment of an already diminished diminish-ed deer herd, and that for these reasons a shorter hunt should be held on the local units in contention. In the formal charges filed by the local club the action of the Board of Big Game Control was labeled "arbitrary and capricious" in setting the 11-day local hunt. Judge Ruggeri, at the conclusion of the hearing, said he feels "there is a question of fact that requires a determination." He said that although it had been established that the board had acted as it had in prior years, it was still to be shown whether the board had acted properly, in light of the evidence, in - establishing the hunt. Supporting the local club in its fight to have the hunt shortened, the Utah Wildlife Federation, in a turnabout move at Joe's Valley. Aug. 14, passed a resolution urging member clubs to support Moab in any way each saw fit. |
