In denying the procedural due process claim that the whole procedure was a sham, the Court did acknowledge that “derivative contraband is susceptible to protected property rights and cannot be civilly forfeited without a modicum of due process protection,” but then continued that, “he strict permitting requirements of CITES and the ESA are the... »
A very similar commercial poaching situation has developed in Africa. In Africa’s case, the rural people living on the boundaries of our national parks, are illegally hunting the parks’ wild animals (for meat) into local extinction, for the Purpose of their own survival So African society ‑ like Papua New Guinea did – needs... »
The Court held that it could not review the Assistant Solicitor’s decisions because CAFRA “provides alternative, not sequential, administrative and legal remedies for an administrative forfeiture. This part of the decision is most certainly incorrect as a general statement. The USF&WS’ own regulations expressly provide that one can still file a court claim after... »
Most hunters toying with the idea of having their prospective hunt filmed are worried about the extent that a cameraman will interfere with the success of the hunt? Are potential trophies lost because of a cameraman moving and making too much noise? Are these concerns off set by the prospect of getting a professionally... »
The population management of any animal species can thus be restricted to those areas of the national park where damage to biome‑habitats is taking place. Ideally, this should be combined with the maintenance of ALL large mammal populations at no more than 70% of their habitat carrying capacities in a normal year. There is... »
We had a problem because the time to file a “claim” to proceed in Court instead of before a Solicitor employed by the Department of Interior had expired while the petition for remission ran its course. Yet, the hunters were both definitely innocent, and the penalty of forfeiture was grossly greater than the maximum... »
Before man developed the skill of recording events by writing them down he relied upon story tellers to remember the details and pass them down from generation to generation, an oral tradition. The memories of these story tellers were vast and well developed; they were able to accurately relate verbatim information given to them,... »
A ‘biome’ is a faunal/floral complex. Most nature‑orientated people know that if you want to see a bushbuck you must search for them in riverine or montane forests, or in the thick bush forests just back from the sand dunes along South Africa’s east coast. You will not find bushbuck in open grasslands or... »
The Chief Judge in the Federal District Court in San Francisco has finally ruled on the leopard forfeitures case and has ruled against the hunters on every issue. The Court granted the government’s motion to dismiss the case in total. Point for point it agreed with nearly every position taken by the USF&WS. The... »
