Lawsuit Targets Fire Island National Seashore Park’s Lethal Deer Management Plan
For Immediate Release
Lawsuit
Targets Fire Island National Seashore Park’s Lethal Deer Management Plan
Patchogue, NY — (November 29, 2017) — The Animal Welfare
Institute and Wildlife Preserves, Inc. filed a lawsuit today against K.
Christopher Soller, superintendent of Fire Island National Seashore (FINS), and
the National Park Service (NPS). The complaint alleges that, by implementing a
wildlife management plan that authorizes the killing of white-tailed deer on
FINS, Soller and the NPS have broken federal law and violated property rights.
According to the
complaint, authorizing the killing of deer within FINS by sharpshooting, public
hunting, and capture and euthanasia violates the following:
·
Deed Restrictions. In June
1955, Wildlife Preserves transferred ownership of multiple areas—known as the
WP Tracts—to nonprofit Sunken Forest Preserve, Inc. This “1955 Deed” stated
that the WP Tracts must be maintained in their natural state and used as a
wildlife sanctuary.
In 1966,
Sunken Forest Preserve transferred the WP Tracts to the NPS for inclusion in
the recently established FINS. This “1966 Deed” contained the same deed
restrictions as the 1955 Deed, stipulating that these donated properties should
“be maintained in their natural state and operated solely as a sanctuary and
preserve for the maintenance of wild life, and its natural habitat, undisturbed
by hunting or any other activities that might adversely affect the environment
or the flora or fauna of said premises.”
The culling of
deer within the WP Tracts and other actions authorized by the NPS’s plan thus
violates the deed restrictions. According to the deeds, a violation of this
nature triggers an immediate reversion of the WP Tracts to Wildlife Preserves’
ownership.
The
National Environmental Protection Act (NEPA). Under NEPA, governmental agencies—like the NPS—are
required to take a “hard look” at the environmental impacts of any major
federal action and consider reasonable and feasible alternatives to its
proposed action, including a no action alternative. Failing to take a
“hard look” or to consider reasonable alternatives to lethal deer population
control violates NEPA.
“The National Park Service’s decision to allow
the slaughter of hundreds of deer blatantly violates the deed restrictions for
this land, which require that it be kept as a wildlife sanctuary,” said Tara
Zuardo, wildlife attorney with the Animal Welfare Institute. “The agency’s
haphazard culling of deer is an outright breach of the law and a waste of tax
dollars.”
“The NPS has admitted that
the restrictions in the 1955 and 1966 deeds are valid and applicable to the WP
Tracts,” said Catherine Pastrikos Kelly of Meyner and Landis LLP and counsel to
the plaintiffs. “Nonetheless, the NPS has implemented the killing of
white-tailed deer on the WP Tracts, among other actions, which we believe
plainly violate the deed restrictions. We are grateful to the local Fire
Island residents and the Fire Island Wildlife Foundation, Inc. for their
initial public outcry in response to the NPS’s plan and for their support of
this action."
About the Animal Welfare Institute
The Animal Welfare Institute (www.awionline.org) is a nonprofit charitable
organization founded in 1951 and dedicated to reducing animal suffering caused
by people. AWI engages policymakers, scientists, industry, and the public to
achieve better treatment of animals everywhere—in the laboratory, on the farm,
in commerce, at home, and in the wild. For more information, visit www.awionline.org.
About Wildlife Preserves,
Inc.
Wildlife Preserves, Inc. is a
private, nonprofit land conservation corporation dedicated to the preservation
of natural areas, open space, wildlife, and wildlife habitats for conservation,
education, and research. Wildlife Preserves owns and manages approximately
6,000 acres of land in the State of New Jersey in the counties of Atlantic,
Cumberland, Essex, and Morris. Wildlife Preserves also owns land in Westchester
County, New York. For more information, visit http://wildlifepreserves.org/.
= Media Contacts:
Amey Owen, amey@awionline.org,
Animal Welfare Institute, (202) 446-2128
Catherine Pastrikos Kelly, ckelly@Meyner.com,
Meyner and Landis LLP, (973) 602-3423