(5/7) NEWTOWN, Conn. -- Today, a Manhattan-based
federal appeals court ordered the dismissal of a lawsuit filed against firearms
manufacturers by the City of New York that sought to hold the
manufacturers responsible for the criminal misuse of firearms.
Judge Robert J. Miner, writing for the U.S. Court of
Appeals, held the Protection of Lawful Commerce in Arms Act, enacted in
2005, is constitutional and that Brooklyn, NY, federal court judge Jack
B. Weinstein misinterpreted the law by not dismissing the case.
“We think Congress clearly intended to protect from vicarious liability
members of the firearms industry who engage in the ‘lawful design,
manufacture, marketing, distribution, importation, or sale’ of
firearms,” said Judge Miner.
In dismissing the city’s claim that its suit fit within an exception to
the act – a claim that would allow its case to go forward – the court
wrote that the statute was “intended to shield the firearms industry
from the vicarious liability for harm caused by firearms that were
lawfully distributed into primary markets.”
Following the ruling by the court, Lawrence G. Keane, senior vice
president and general counsel for the National Shooting Sports
Foundation (NSSF) – the firearms industry’s trade association – said,
“Today’s ruling is very gratifying to members of the firearms industry.
In passing the Protection of Lawful Commerce in Arms Act, Congress
understood that frivolous lawsuits like New York City’s defied common
sense and represented a clear abuse of the judicial system that
threatened to bankrupt a responsible and law-abiding industry.”
The city’s lawsuit against the nation’s firearms manufacturers was
originally filed by Mayor Rudolph Giuliani in June 2000 and was
continued by Mayor Michael Bloomberg. Mayor Bloomberg is also suing
out-of-state firearms retailers. That case will go to trial later this
month before Judge Weinstein.
Today’s ruling is seen by many as another major setback for gun-control
groups, principally the Brady Center to Prevent Gun Violence, which
pursued and funded many of the municipal lawsuits, including this New
York City case, against the firearms industry.
BASS
Announces Site of 2008 Junior Bassmaster World Championship
BASS announced today that Onondaga Lake will serve as the competition
waters for the 2008 Junior Bassmaster World Championship, set for Aug.
9-10. The 94 top youth competitors in the world, paired into two age
divisions of 11-14 and 15-18, will square off for $23,000 in scholarship
money, with the winners earning the distinction as the top youth anglers
in the sport.
The competition will coincide with the season-ending Bassmaster Elite
Series event on Oneida Lake, ensuring that each JWC competitor will fish
with an Elite pro. Elite Series anglers who don't make the Saturday cut
will be randomly paired with JWC state qualifiers from each age division
and the pairings will remain for Sunday.
After pairings Friday night, the JWC competitors and their pros will
take to Onondaga for a practice day Saturday, Aug. 9. The competition
will kick off Sunday, Aug. 10, with the competitors weighing their
catches on the Elite stage before the final-day weigh-in for the Elite
Series. The JWC competitors will operate under standard BASS rules.
"We applaud the Federation Nations across the country for their devotion
to BASS' youth programs," said Tom Ricks, Vice President and General
Manager, BASS. "The mentoring of these youth anglers is central to the
growth of the sport. We know the JWC competitors will have a fantastic
time on Onondaga."
The Junior Bassmaster World Championship showcases the top youth anglers
in the world and provides them the opportunity to fish competitively
with BASS, which boasts the most visible tournament structure in the
world. Last month, former JWC champion Bradley Roy, 17, qualified for
the BASS Federation National Championship, set for Kansas' Milford Lake
in November.
"The Junior Bassmaster program has now matured and is revitalizing the
sport with young adults," said Stacy Twiggs, Senior Manager, BASS
Federation Nation Youth. "Introducing fishing to a new generation of
anglers has always been important to BASS, and we've seen some great
stories unfold through our youth programs."
In 2007, South Africa's Jeffrey Toplis, 14, and Kentucky's Kalem
Tippett, 17, persevered through chilly temperatures and gusting winds on
Alabama's Logan Martin Lake to win the fourth annual Junior Bassmaster
World Championship in their respective age divisions.
"We are honored to host such an important event as the Junior Bassmaster
World Championship," said John Rathbun, director of sports development
for the Syracuse Convention & Visitor's Bureau. "We are excited to
showcase a world-class fishery in Lake Onondaga."
Junior Bassmaster World Championship Sponsors: Toyota Tundra, Advance
Auto Parts, Berkley, Lowrance, Mercury, Purolator, Skeeter, Yamaha,
OPTIMA Batteries and Triton Boats.
About
BASS
For 40 years, BASS has served as the authority on bass fishing. With its
considerable multi-media platforms and expansive tournament trail, BASS
is guided by its mission to serve all fishing fans. Through its industry
leading publications Bassmaster Magazine, BASS Times and Fishing Tackle
Retailer and comprehensive web properties in Bassmaster.com
<http://Bassmaster.com>
and ESPNOutdoors.com
<http://www.ESPNOutdoors.com>,
the organization is committed to
delivering content true to the lifestyle. Additionally, television
programming on ESPN2 continues to provide relevant content from tips and
techniques to in-depth tournament coverage to passionate audiences.
The organization oversees the prestigious Bassmaster tournament trail
which includes the Bassmaster Elite Series, Bassmaster Opens, Women's
Bassmaster Tour and the Bassmaster Classic, the ultimate celebration of
competitive fishing. Through its grassroots network, the BASS Federation
Nation, BASS sanctions more than 20,000 events annually.
BASS also offers an array of services to its more than 525,000 members
while spearheading progressive, positive change on issues related to
conservation and water access. The organization is headquartered in
Celebration, Fla.
SPRING TURKEY SEASON
OPENS MAY 1
DEC Studies Suggest an Optimistic Forecast
for Spring 2008
(4/21) New York State Department of
Environmental Conservation (DEC) Commissioner Pete Grannis reminded
prospective turkey hunters that the 2008 spring season opens for all
hunters on
May 1, and the special Youth Turkey Hunting Weekend will take place
April
26-27.
“Spring turkey season is one of the
most popular hunting activities in New York, and I’m certain that
hunters are
already feeling a great sense of anticipation,” Grannis said.
“DEC has embarked on several new initiatives
in support of sound, scientific management of our wild turkey resource
and we
are pleased to report on some of those efforts as hunters look forward
to
another season in pursuit of this outstanding game bird.”
It was another exciting year for
wild turkey management and research in New York State.
In 2007, DEC staff continued with the winter
flock survey and a banding study designed to assess turkey survival and
harvest
rates.
The spring 2007 season saw the
second straight year of increased harvest, followed by an above-average
nesting
season where warm, relatively dry weather positively impacted nest
success. The
good production years during summer 2005 and 2007 combined to produce
an
exciting fall hunting season with an abundance of both juvenile and
adult birds
in the field.
Highlights of 2007 wild turkey
research and management and a forecast for the Spring 2008 season is
outlined
below.
Winter Turkey Survey - In
the winter of 2006, DEC started a pilot program to assess the
feasibility of a standardized winter turkey
survey.
Like the spring and early
summer where weather can have significant impacts on turkey production
and
poult survival, winter weather (temperature, snow conditions) can limit
turkey
survival, particularly for juvenile birds.
The
goal of the survey is to use DEC staff and volunteers
to conduct a
harvest-independent survey to help determine long-term trends in turkey
populations and to provide information to the public regarding the
prospects
for the spring hunting season.
During the first three years of this
survey we have compiled over 1,500 observations from every county in
the state
(with the exception of some counties that comprise New York City). We
are
currently compiling results from the winter 2007-08 survey.
Over the coming months, we plan
to examine results from the first 3 years,
and see if we can design a useful and efficient long-term winter
monitoring
program to begin in 2008-09.
Wild Turkey Banding Study -
In
January 2006, DEC began a 4-year wild
turkey banding project designed to estimate harvest and survival rates
of male
wild turkeys ("gobblers") in New York.
This study is being done in cooperation with the
Pennsylvania
Game Commission, Ohio Department of Natural Resources, researchers from
Pennsylvania State University, and the National Wild Turkey Federation.
During the first two winters of the
study, DEC staff and volunteers banded 679 gobblers and 753 hens in 43
counties
and 96 towns in DEC Regions 3 through 9.
Since
that time 200 gobbler bands have been returned by
hunters (about
30%).
Only 21 hen bands (about 3%) have
been returned, 11 of which were hunter-killed birds.
During winter 2008, DEC staff and volunteers banded
another 352
gobblers and 303 hens in 31 counties and 60 towns, including 8 counties
and 52
towns not sampled during the first two years. This brings the
three-year total
to 1,031 gobblers and 1,056 hens banded in 51 counties and 148 towns
throughout
upstate New York.
Next winter will be
the final field season and a report will be prepared by late 2009.
DEC thanks all of the volunteers and
cooperating landowners for their invaluable assistance in the field.
This project would not be possible without
them.
Spring Harvest 2007 -
Estimated wild turkey harvest during spring 2007 was 35,625 birds,
close to the
10-year average (about 36,000).
This is
an increase of 28% from spring 2006, and is the highest harvest since
spring
2003.
The spring 2007 season is the
second straight year we have seen an increase in the statewide harvest
after
four years of declines (2001-05).
Harvest was up from 2006 in most
counties (Table 1), with the greatest increases observed in DEC Regions
8 and 9
(western NY).
The exceptions to this
were moderate declines (5-16%) observed in Regions 5 and 6 (northern
NY).
As anticipated, based on excellent
production during summer 2005, a relatively mild winter in 2005-06,
followed by
below-average production in summer 2006, a large proportion of birds
taken
during the spring 2007 season were adult gobblers (2+ years old).
About 68% of the harvest was comprised of
toms (vs. 32% jakes), which was the highest proportion of adult birds
in the
spring harvest since 2003.
Youth Hunt 2007 - DEC
established a youth hunt for turkeys in 2004.
More
than 5,000 junior hunters have taken to
the woods each year with their adult companions to take advantage of
this
special season.
In spring 2007, we
observed in increase in both participation and harvest, with roughly
7,000
junior hunters harvesting about 1,500 birds. Unlike spring 2006, both
days of
the youth hunt had excellent weather this year likely contributing to
the boost
in both harvest and the number of young hunters taking advantage of
this great
opportunity.
Summer Productivity 2007 -
DEC conducts the Summer Wild Turkey Sighting Survey annually during the
month
of August to estimate the average number of wild turkey poults (young
of the
year) per hen statewide and among major geographic regions of the State.
This index allows us to gauge reproductive
success in a given year and allows us to predict fall harvest potential.
Weather, predation, and habitat
conditions
during the breeding and brood-rearing seasons can all significantly
impact nest
success, hen survival, and poult (juvenile) survival.
Statewide productivity as measured
by poults per hen was up 30% from 2006 (3.5 vs. 2.7 in 2006) and was
above the
10-year average (1997-2006) of 3.2 for this index (Table 2). About 69%
of the
birds observed were young of the year.
This
is an increase from 2006 (60%), but is the same as
2005.
An increase in the poults:hen ratio
was
observed in five of the eight DEC regions in which flocks were recorded
(Table
2).
The only declines were seen in
Regions 3 and 9.
The spring and early summer of 2007
were warm and relatively dry in most of the state. Data from the U.S.
Department of Agriculture National Agricultural Statistics Service
indicate
that from April 1 through the end of June (the critical nesting period
for
turkeys) average rainfall was about 0.63 inches below normal and
average
temperature was about 3̊F above normal.
These
favorable weather conditions likely contributed to
the
above-average nesting success in much of the State.
Fall Harvest 2007 - Estimated
wild turkey harvest during Fall 2007 was 12,654 birds.
This represents an increase of 38% from
2006, and is the highest harvest since fall 2003, but is still below
the
10-year average (about 16,000) for fall harvests.
Harvest was up from 2006 in most
counties (Table 3), with the greatest increases observed in DEC Regions
4, 5,
and 6 (east-central and northern NY).
The
exceptions to this were declines (7-40%) observed in
Regions 8 and 9
(western NY).
Based on the above-average
production observed during the summer sighting survey, we expected an
increase
in both the overall harvest and in the ratio of juvenile birds to adult
hens in
the fall harvest. While we did observe an increase in the overall
harvest, this
was not the case for the ratio of juvenile birds/adult hens.
Since the summer survey started in 1996,
this is only the second time that the trend in juveniles/adult hen from
the
fall harvest did not mirror the trend in poults/hen from the summer
survey.
One reason for this may be that
there was a
large proportion of 2+ year-old birds from the summer 2005 hatch and
hunters
actively selected these older birds.
This
idea may be supported by the decline in the overall
juveniles/adult
harvested over the last 3 years.
Although we observed an increase in
harvest this fall, the number of turkey hunters continued to decline
with an
overall decrease of about 30% over the last five years.
Despite this decline in participation, the
hunter success rate has remained relatively stable at about 3 birds/100
days
effort.
Reasons for the decline in
participation are uncertain, but may include changing demographics of
New
York’s hunting population and the variety of other opportunities
available to
hunters in the fall.
Forecast for Spring 2008 -
The fifth annual Youth Turkey Hunt will be held on April 26-27, 2008.
This is
an excellent opportunity for youths ages 12-15 to spend time afield
with
experienced adult hunters gaining the necessary knowledge and skills to
become
safe and responsible members of the hunting community. We look forward
to the
great stories and pictures we receive from young hunters and their
adult
companions and wish everyone a safe and enjoyable hunt.
Turkey Hunter Safety -
New
York has an extremely safety-conscious generation of hunters, largely
due to
the annual efforts of over 3,000 dedicated volunteer Sportsman
Education
instructors.
While hunter numbers have
declined in New York over the past decade, the decline in
hunting-related
shooting incidents is primarily attributable to improved hunter safety.
The
rate of hunting incidents (incidents per 100,000 hunters) is declining
much
faster than the number of hunters. During the 1960s, the incident rate
was 19
incidents per 100,000 hunters. Since 2000, the incident rate is
one-third of
that, averaging 6.3 incidents per 100,000 hunters.
With 37 hunting-related shooting
incidents, 2007 was the 5th safest year since such records have been
maintained. Of this total, 5 were related to turkey hunting (2 during
the
spring season, 3 during the fall season). This is below the ten-year
average
for turkey hunting-related shooting incidents, and is the lowest number
of
incidents on record for spring turkey hunting.
However,
it is a reminder that even one accident is too
many, so be sure
to identify your target and beyond, and have a safe and enjoyable
season.
For
more information about turkey hunting in New York, see the 2007-08
Hunting and
Trapping Regulations Guide or go to the DEC website at: http://www.dec.ny.gov/outdoor/29461.html
.