"These closures are occurring where federal law mandates hunting and where it is is a “priority public use.”
The U.S. Sportsmen’s Alliance, a national organization that defends the rights of hunters and fishermen, sent a letter to Obama blasting his shutdown theater as a violation of the law and "political theater at its worst."
"These closures are occurring on lands where federal law mandates hunting and where hunting is statutorily determined to be a “priority public use.” Lack of an agreement on a federal budget does not terminate the effect of the law which clearly allows for hunting," the organization points out.
The letter states, "In Alaska, guided sport hunters are being told they have to shut down their camps and leave public lands. This is occurring on lands where federal law mandates hunting and where hunting is statutorily determined to be a “priority public use.” Moreover, access via floatplanes and motorboats to these same federal lands is statutorily guaranteed.
"Lack of federal appropriations and funding does not terminate the effect of these statutory provisions and guarantees and executive edicts to the contrary violate applicable law."
Or to simplify, access is a legal right regardless of whether 17 percent of the Fed government is or isn't shut down.
"We note too that the FWS closure edict in Alaska allows “subsistence hunting” to continue. Nothing in law authorizes the Executive Branch to make this kind of discriminatory distinction between classes of hunters and allow one group to disregard this arbitrary political closure order while enforcing it on another."
True, but as with ObamaCare, Obama makes up his own laws as he goes along.
The letter further points out that closures have occurred in areas under Florida state authority. "Even if NPS rangers are not present to enforce applicable rules, State fish and wildlife officials remain present on these waters to enforce both State and federal rules."
It then makes the point that, "We recognize that lands with controlled access may be closed since federal personnel are not available to man entrance gates, collect required fees, or protect highly specific resources or sites. But where these limitations do not apply, there is no need to close public lands."