4089

While hunting and fishing are permitted on the majority of federal lands, some believe that those recreational activities are unnecessarily restricted by the planning processes of federal land management agencies, such as the Bureau of Land Management (BLM), the Forest Service, the National Park Service (NPS), and the Fish and Wildlife Service (FWS). The Sportsmen's Heritage Act of 2012 ( H.R. 4089 ) would "open" almost all federal lands and waters to hunting, fishing, and recreational shooting, and establish criteria for land management agencies to close lands to those activities. Titles III through VI of H.R. 4089 address issues related to hunting, fishing, or federal lands, such as issuing permits to allow the import of polar bear parts by certain applicants; continuing the use of lead shot and lead sinkers; opening the Kisatchie National Forest in Louisiana for dog-deer hunting; and limiting the President's ability to establish national monuments under the Antiquities Act of 1906. 4089 . It is also possible that the bill could slow the planning process; it appears to add steps to the land management processes already in place, such as new criteria, reporting requirements, and public notices. 1558 , which concerns regulating the use of lead shot and sinkers by the Environmental Protection Agency. Title V is similar to H.R. Finally, a portion of Title VI, which would limit the President's ability to establish national monuments, is similar to H.R. 4089 , the Recreational Fishing and Hunting Heritage and Opportunities Act, is intended to create an "open until closed" management policy for federal lands, according to the House committee report on H.R. Title I describes the factors a land management agency must consider to justify closing federal lands to fishing, hunting, or recreational shooting. Senate bill S. 2066 is almost identical to Title I of H.R. 4089 , which passed the House on April 17, 2012. However, in light of the definition of federal public land (see below), the scope could be broader, including any agency that owns lands. However, the House committee report refers to H.R. Additional Criteria Established in S. 2066

It appears S. 2066 would require additional criteria for determining when lands may be closed to hunting, fishing, and recreational shooting. While this may slow the decision making as compared to H.R. 4089 , however, appears to allow any activity related to fishing, hunting, recreational shooting, or wildlife conservation in wilderness areas. That existing law would be changed by Section 104(e). 4089 . S. 2066 may more clearly restrict motorized uses. All administrative closures under Title II are temporary. For example, the Endangered Species Act (ESA) imposes duties on an agency to protect listed species. Title III—Polar Bear Conservation and Fairness Act of 2012

Title III would amend the Marine Mammal Protection Act (MMPA) to authorize between 41 and 44 hunters with legally hunted polar bear remains from Canada to import those trophies to the United States. S. 1066 would do the same. The law would apply only to bears legally killed prior to May 15, 2008. 1558 , and S. 838 . Under Section 601, a President could still identify lands for protection, but the proclamation would not become valid until both the governor and legislature of the affected state approved.
The Sportsmen's Heritage Act of 2012 (H.R. 4089) is intended to create an "open until closed" management policy for federal lands, according to the House committee report. It describes the criteria for federal land management agencies to consider in order to close federal lands to fishing, hunting, or recreational shooting, and directs that management is subject to existing law. However, some ambiguities may lead to different, perhaps unintended results. H.R. 4089 passed the House on April 17, 2012.
Hunting and fishing are already allowed on the majority of federal lands. Because H.R. 4089 would change land management practices and would require additional or different analyses, reports, and notices, the bill would alter federal land management by adding or changing steps in the planning process. The Congressional Budget Office estimated that Title II of H.R. 4089, for example, would cost $12 million over the first four years.
Title I establishes the processes for federal land management agencies to close federal lands to hunting, fishing, and recreational shooting, and is almost identical to Senate bill S. 2066. Title II addresses recreational shooting in Bureau of Land Management (BLM) national monuments. While the associated House committee report refers to H.R. 4089 affecting lands managed by BLM and the Forest Service almost exclusively, the bills' broad definition of federal public lands could lead to portions of H.R. 4089/S. 2066 extending to all agencies that own land.
Wilderness areas may be most altered by the bills. While the Wilderness Act already allows hunting and fishing, H.R. 4089/S. 2066 would appear to allow any activity related to those activities, as well as to recreational shooting. This may mean that structures could be built in wilderness areas or mechanized transport could be allowed, which are activities that are banned under current law; however, this is not clear since another provision appears to continue to ban motorized access.
Titles III through VI address issues related to hunting, fishing, or federal lands. Title III would reverse the administrative rule in place since May 15, 2008, which banned the import of sport-hunted polar bears from Canada. It would allow the import of polar bear trophies by applicants who sought an import permit prior to that date, when the polar bear was listed as threatened under the Endangered Species Act (ESA). Senate bills S. 2066 and S. 1066 would also direct issuance of those permits. However, in 2011, a federal court rejected a suit to allow such imports.
Title IV of H.R. 4089 would prevent the Environmental Protection Agency (EPA) from regulating lead shot and lead sinkers, as would S. 838. EPA, however, denies it has the authority to take such action, while state laws could still restrict the use of lead shot and sinkers. Reversing a 2012 Forest Service decision, Title V would allow deer hunters in the Kisatchie National Forest in Louisiana to use hunting dogs without restriction. Title VI would limit the President's ability to establish national monuments under the Antiquities Act of 1906 by requiring both the governor and legislature of the affected state to approve designations.