On July 8, 2016, Conservation Force, the Garden State Taxidermist Association, a New Jersey taxidermist, and five New Jersey based hunters sued the state to compel an end to New Jersey’s ban on the import, possession, export, transport, and processing of hunting trophies of the African “Big Four” (elephant, leopard, lion, and rhinoceros). The plaintiffs alleged that the state’s ban was preempted by the Endangered Species Act (ESA). The applicable law is ESA Section 6(f): “Any State law or regulation which applies with respect to the importation or exportation of, or interstate or foreign commerce in, endangered species or threatened species is void to the extent that it may effectively … (2) prohibit what is authorized pursuant to an exemption or permit provided for in this Act or in any regulation which implements this Act.” 16 U.S.C. § 1535(f).
On August 29, Judge Freda Wolfson of the U.S. federal court in Trenton entered an Order and Judgment against the State of New Jersey. The Order prohibits the enforcement of the ban against activities authorized by federal law, regulation, or permit. Hunters may continue to import, export, and possess federally authorized Big Four hunting trophies in the State. Read more