DEP Blocks OPRA From Public on Bear Hunt

The DEP has proposed a rule that would exempt from disclosure under the Open Public Records Act information regarding certain species of animals, including black bears, that would allow the public to locate and track the animals. The amended rule, N.J.A.C. 7:10-3.2(a)4, would only allow affected property owners access to data on location of animal sightings, dens, nests and other signs of habitation while denying the public access to the same information. The proposal states that “release of this information would jeopardize the Department’s ability to protect public safety by increasing the likelihood that individuals seek out and encounter these species and/or interfere with the Department’s management efforts.”

“This is simply an attempt to stifle information and is being used to crack down on those who question hunting. DEP doesn’t want people knowing about their management and enforcement techniques, so they are trying to keep the information secret. It would be unbearable for the public to be denied access to the data they need to challenge Fish and Wildlife’s justifications for hunting. This rule change would undermine science and limit data for research on many species,” said Jeff Tittel, director of the New Jersey Sierra Club. “This is an administration that has said it wants to open up public records, and now they’re moving to block access to those who criticize them. They are going in the wrong direction. When government hides things from the public, they’re never doing the public’s any good.”

DEP says the proposed exemption affects data on animals deemed by Fish and Wildlife to be a threat to inflict serious or fatal injuries on humans. The secrecy is intended to protect public safety by discouraging those who might seek out contact with the animals and hamper management efforts, which appears motivated by anti-hunt protesters. The list of species that would be targeted by the exemption includes bears, non-domestic dogs, non-domestic cats, venomous and restrictor snakes and exotic species..

“Property owners armed with information the rest of the public doesn’t have can sell access rights to their land for hunting or could disrupt endangered species. The hunters will have the data they need to find the animals. Our government will have that information too, and yet the public will be shut out,” said Tittel.  “We shouldn’t be surprised to see this from DEP. Something is wrong when DEP lets a Vernon polluter off the hook for a toxic pile of dirt and yet a few miles away will throw a person in jail for freeing a crying bear from a trap.”

The New Jersey Sierra Club believes that under current conditions, without an actual bear management plan in place that deals with protection of habitats and educating people in bear country, continuing any bear hunting is meaningless.

“What may seem like a technical rule change has the effect of promoting hunting and limiting public access to important information to those questioning the hunting. We do not need more bear hunts. Instead, we must deal with garbage, educate the public about how to live in bear country, and protect their habitat if we’re going to have stable bear populations. There needs to be warning signs in bear country with post at all trail heads with Do’s and Don’ts in bear country. These will do a lot more in managing the bear population than having an unnecessary hunt,” said Jeff Tittel, director of the New Jersey Sierra Club. “This exemption will limit public disclosure and encourage more hunting, and should be rejected.”