LEGAL DC area: Yuppies move to hunting grounds, now trying to push hunters out

Fred

Middle of the road
http://www.washingtonpost.com/wp-dyn/content/article/2008/07/19/AR2008071901745.html

Fairfax Duck Hunters Target Of Neighborhood's Anger

Larry Hirsch got so fed up watching ducks get shot out of the sky that he hatched a plan to get rid of the hunter who hunkered down in the duck blind behind his Fairfax County home. He's not a hunter, but Hirsch acquired the right to build the only duck blind allowed in that spot on the Potomac River.

Hirsch, 55, went out a few times and fired his shotgun, pretending to duck hunt and thereby fulfilling the requirement of his license.

The plan worked, because Hirsch's landowner rights trumped those of the hunter, who had licensed the empty spot, and he was pushed out of his duck blind at least for a year.

This so miffed the hunter, Robert Bowe, who owns Bowe's and Arrows hunting shop in Fairfax, that Bowe finagled land rights from an absentee property owner down the block and built a new blind. He's been hunting there ever since, ignoring neighbors' complaints.

"I tried to be respectful to them until they tried to keep me from there," said Bowe, 63. "I tried to be nice. Now I'm going to hunt."

With two months until duck season, tensions are mounting in Fairfax between hunters and waterfront landowners. More than 100 people packed a public meeting July 9, at which officials from the Virginia Department of Game and Inland Fisheries spelled out the rules for duck hunting.

Hunters call their sport a Virginia tradition and mobilize at any talk of rule changes. Environmentalists say hunting disturbs other wildlife. Homeowners say gunshots wake them up, stress them out, spook their pets and scare their children.

"In terms of sheer numbers, I get more complaints about duck hunting in suburban back yards than any other single thing," Del. Kristen J. Amundson (D-Fairfax) said. "Suburban swing sets and duck hunters are incompatible neighbors."

Fairfax Supervisor Gerald W. Hyland (D-Mount Vernon) said vast residential growth along the river has spiked tensions by moving residents closer to hunters.

"This is a conflict between two types of activity: between the right to have quiet in one's home and the right of others to hunt on the river," Hyland said.

Jurisdictional issues complicate the matter. Maryland controls most of the river, so Virginians might hear hunters licensed in Maryland. And Virginia oversees only certain embayment areas, including Little Hunting and Dogue creeks and the area south of the Dyke Marsh Wildlife Preserve, where Hirsch lives.

Ultimately, the county must strike a balance between its ordinance banning gunfire "in areas of the county which are so heavily populated as to make such conduct dangerous" and those places where the state allows hunting.

"I don't find it reasonable to have someone . . . awakened at 6:15 in the morning to the sound of gunfire in populous Fairfax County," Hyland said of a jurisdiction with more than 1 million people. Even in rural areas, "you don't hunt around the farmhouse."

Duck hunting season runs from Oct. 4 to Jan. 26. Waterfront landowners in Virginia can get licenses for blinds in the water off their property in July and August. If they pass, others can license the spots through September. As long as they are 100 yards from homes, they can build blinds, and they don't have to consult homeowners.

This is how Hirsch's neighborhood, with multimillion-dollar homes scattered in the woods between the George Washington Memorial Parkway and the river, ended up with duck blinds so close to homes. Most residents moved to the area for its serene nature -- and paid dearly for it. Their primary complaint concerns noise.

"It's very disturbing to be trying to write Christmas cards and to hear shooting," said Elizabeth Ketz-Robinson, 59, a psychotherapist who lives on the water with her husband, Don, and three golden retrievers. "I want to tear my hair out sometimes."

Bowe considers such complaints exaggerated. Duck season occurs in the fall and winter, when windows are shut, he said. Airplanes and motorboats cause more ruckus. He believes that opposition to hunting motivates most complaints.

"Are you hearing shots, or does it bother you that someone is out there hunting?" he asked.

"I guarantee they can hear it in their houses," said Don Roberts, Bowe's hunting buddy, whose blind is near the south end of the neighborhood. "But it's not like thunder rolling across the sky."

Virginia's regulations give landowners little recourse, causing more conflicts than elsewhere in the region. The District bans all hunting, and waterfront owners in Maryland can license blinds without hunting, said Robert Beyer, associate director of the Maryland Wildlife and Heritage Service, and many do so they can keep hunters out.

But Virginia doesn't allow defensive licensing; licensees must both build a blind and hunt from it.

This leaves few options for the American Horticultural Society headquarters, near Dyke Marsh. Housed on a 25-acre farm, with an organic meadow and numerous birdhouses, there is a duck blind less than 20 yards from the shore, said Trish Gibson, the farm's manager.

"We're trying to find a happy balance with wildlife so we make it a happy place for the duck," she said. "And then there's a duck blind right in front of our place."

Gibson said one person refused to support the nonprofit group because of the blind, which her organization can get rid of only by licensing the spot on its own and building and hunting from it. The group has no plans to do so, she said.

Bowe's blind near the south end of the Dyke Marsh preserve rankles environmental groups.

"I think it's inappropriate," said Glenda Booth, president of Friends of Dyke Marsh. "I think it's incompatible with the purpose for which Dyke Marsh was created." Dyke Marsh, a 485-acre site run by the National Park Service, is a wetlands habitat prized by birdwatchers and other animal lovers.

But hunters say they're not anti-environment. The Virginia Department of Game and Inland Fisheries spends $100,000 a year from license fees on wetlands projects, said Jerry Sims, regional wildlife manager. And all hunters must buy a $10 duck stamp, which brings in an additional $140,000 a year for waterfowl-related projects.

The proximity of guns to homes also raises safety concerns.

"Anytime anyone has a weapon of any kind, there's always a chance of an incident," said Katherine Ward of the Mount Vernon Council of Citizens' Associations. "The whole environment has changed from rural to urban over the years, so how do we accommodate?"

Bowe scoffs at such worries.

"I'm not going to pick up my gun and shoot at you," he said. "I know the difference between a kayak and a duck. The duck tastes better."

Since 1960, the Virginia Game and Inland Fisheries Department has recorded 28 waterfowl hunting incidents, none in Fairfax, Sims said. Seven were fatal. All but four of the incidents took place within 50 yards, Sims added, in most cases meaning the hunter shot someone in his own party.

"No one has ever misidentified an orange or a yellow kayak as a duck," he said. "Folks just need to get along and share the resources."

Hirsh has resigned himself to Bowe's blind. A contractor, he has built four large houses on the block; the most recent is listed at $3.6 million, he said. All look out on the blind. He doesn't oppose hunting, he said, and keeps a loaded 9mm pistol near his bed.

"I just wish there was a little more consideration given," he said. He has no intention of trying to oust Bowe again.

"These days, I spend more and more of my time in the winter in the Caribbean," he said, "so it doesn't bother me that much."
 

yinonyavo

Contributing Member
seems to me that hirsch is worried about selling houses and not about hunting rights. he tells us about the 9mm so we know he's not against 2nd amendment rights. MORE and more land is being taken out of circulation by people who are not hunters or true land conservationistsHe's probably a liberal who doesn't want to live in the city near the people he's always trying to better
 

TJA

Veteran Member
Lets see, they're talking about who is actually disturbing who. Since they brought in the numbers for hunting related incident since 1960, maybe they ought to bring in the number of traffic incidents in Fairfax in the river area they're talking about since the increase in numbers of people.
 

Moggy

Inactive
I love creatures too much to abide hunting but my opinion on this matter is that the wealthy have the means to obtain nature's most beautiful sites, such as ocean front property, lake property, and that which sticks in my craw the worst...mountain ridges, which they destroy...and force everyone else to stick it wherever. Someday the poor will rise up - possibly sooner rather than later when they get cold and hungry - and those living in their wealthy homes who believe the world is theirs because they have acquired more money than others - will be the targets of an enraged population.

Moggy
 

LoupGarou

Ancient Fuzzball
Here is a simple solution to test and see if it really is a noise issue, give all the hunters the right to use silencers on their shotguns (yes, I know that they would either have to be large, or active (electronic) suppression). Take away the noise factor and lets see how fast the liberals find a new complaint. My guess is that they want it all for themselves and don't want to share with anybody else, or at least non-liberals.

...
Someday the poor will rise up - possibly sooner rather than later when they get cold and hungry - and those living in their wealthy homes who believe the world is theirs because they have acquired more money than others - will be the targets of an enraged population.

Moggy

It won't be just the poor, trust me on that one...

Loup
 

almost ready

Inactive
Same thing happened here

Here is a simple solution to test and see if it really is a noise issue, give all the hunters the right to use silencers on their shotguns (yes, I know that they would either have to be large, or active (electronic) suppression). Take away the noise factor and lets see how fast the liberals find a new complaint. My guess is that they want it all for themselves and don't want to share with anybody else, or at least non-liberals.



It won't be just the poor, trust me on that one...

Loup

When highway 12 was put through opening up the way across the mountains to Missoula, Montana. The wealthy LA lawyers came in and bought up the new federal riparian area, pushing out all the locals into reservations for white folks. Fortunately, the local Indians are still pretty OK and let the old timers live on their reservations.

The newcomers were real jerks when the locals came to do what they always did. For example, if some driftwood was in the river, you asked the owner if they wanted it. If not, you could gather it. The newbies were horrified, taking pictures and calling the cops, yelling and screaming about the great unwashed hanging around on their riverbank.

Just disgusting.

As years went on, it got worse. The very last open land around the Lake Coeur d-Alene was bought by outsiders now, and there is no more public access to most of the waterfront. THe Clearwater river beaches have been fenced off by the forest service, and there is no legal place to park close enough to walk into most of them.

The old locals who haven't left are largely confined to trailer parks and small towns on the reservation. hunting licenses are so expensive, it's not worth the price of the meat if you catch one.
 
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Dozdoats

Deceased
HUNTERS PAY FOR CONSERVATION- and have been doing so since 1937, through a VOLUNTARY tax through the Pittman-Robertson Act. Here's what the US Fish and Wildlife Service has to say about it...

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http://www.fws.gov/southeast/federalaid/pittmanrobertson.html

FEDERAL AID DIVISON
The Pittman-Robertson Federal Aid in Wildlife Restoration Act

Bringing Wildlife Back -- Then and Now

America the Beautiful is still the home of wondrous numbers and varieties of wild creatures. Yet, only a few decades ago, wildlife's survival was very much in doubt. The early settlers had encountered a spectacular abundance of wildlife. But, in their zeal to conquer an untamed continent, they squandered that legacy for centuries, wiping out some species and reducing others to a pitiful remnant of their original numbers.

Breakthrough: Pittman-Robertson Act

Then a remarkable thing happened. At the urging of organized sportsmen, State wildlife agencies, and the firearms and ammunition industries, Congress extended the life of an existing 10 percent tax on ammunition and firearms used for sport hunting, and earmarked the proceeds to be distributed to the States for wildlife restoration. The result was called the Federal Aid in Wildlife Restoration act, better known as the Pittman-Robertson (or "P-R") Act after its principal sponsors, Senator Key Pittman of Nevada, and Representative A. Willis Robertson of Virginia. The measure was signed into law by President Franklin D. Roosevelt on September 2, 1937.

Since then, numerous species have rebuilt their populations and extended their ranges far beyond what they were in the 1930's. Among them are the wild turkey, white-tailed deer, pronghorn antelope, wood duck, beaver, black bear, giant Canada goose, American elk, desert bighorn sheep, bobcat, mountain lion, and several species of predatory birds.

Shared Costs, Shared Benefits

Federal Funding from P-R pays for up to 75 percent of project costs, with the States putting up at least 25 percent. The assurance of a steady source of earmarked funds has enabled the program's administrators, both State and Federal, to plan projects that take years to complete, as short-term strategies seldom come up with lasting solutions where living creatures are involved.

In the more than 50 years since P-R began, over $2 billion in Federal excise taxes has been matched by more than $500 million in State funds (chiefly from hunting license fees) for wildlife restoration. Benefits to the economy have been equally impressive. National surveys show that hunters now spend some $10 billion every year on equipment and trips. Non-hunting nature lovers spend even larger sums to enjoy wildlife, on travel and on items that range from bird food to binoculars, from special footwear to camera equipment. Areas famous for their wildlife have directly benefited from this spending, but so have sporting goods and outdoor equipment manufacturers, distributors and dealers. Thousands of jobs have been created.

Managing Lands for Wildlife

Of the P-R funds available to the States, more than 62 percent is used to buy, develop, maintain, and operate wildlife management areas. Some 4 million acres have been purchased outright since the program began, and nearly 40 million acres are managed for wildlife under agreements with other landowners.

Various kinds of land have been acquired, including winter rangelands necessary for big game animals in the North and West, and wetlands, essential to ducks and geese for nesting, wintering, and stopover feeding and rest during migrations.

Along with land acquisition, better management methods have yielded remarkable results. Some examples include creating small waterholes in the southwest so that wildlife may drink; planting trees and shrubs in some Great Plains localities as woody cover to shelter pheasants, quail and other wildlife during winter storms; creating clearings in heavily wooded areas of the Northeast to provide more varied food and shelter for deer, woodcock, rabbits, and ruffed grouse; and controlled burning of brush and tall grass in parts of the South to stimulate growth of seed-producing plants for wild turkey and quail.

Research: Science Replaces Guesswork

P-R has aided greatly aided in a nationwide effort to enlist science in the cause of wildlife conservation. About 26 percent of P-R funding to the States is used for surveys and research.

Surveys, now employing computers and space-age technology, provide solid information on the location and activities of species, the make-up of their population by age and sex, and whether their numbers are rising or declining -- essential data in managing the species and its habitat.

Research has disclosed surprising answers to former riddles about wildlife's needs for food, cover, and breeding success. For example, it has shown that big game animals do not directly compete with livestock for food. Research findings have enabled managers to keep wild creatures in balance with their environments and to permit more people to enjoy wildlife without endangering the future of any species. State researchers using P-R funds have developed such tools as tranquilizing dartguns to capture animals, and miniature radio devices to track them.

Non-Hunters and Non-Game Benefit, Too

Although Pittman-Robertson is financed wholly by firearms users and archery enthusiasts, its benefits cover a much larger number of people who never hunt but do enjoy such wildlife pastimes as birdwatching, nature photography, painting and sketching, and a wide variety of other outdoor pursuits. Almost all the lands purchased with P-R money are managed both for wildlife production and for other public uses. Wildlife management areas acquired by the States for winter range also support substantial use by hikers and fishermen, campers and picnickers. Wetlands for summer waterfowl nesting are useful to nature lovers in other seasons. Recent estimates indicate about 70 percent of the people using these areas are not hunting, and in some localities the ratio may go as high as 95 percent.

Numerous non-game species enjoy P-R benefits, too. Ground cover for game birds is also used by all sorts of other birds and small animals. Bald eagles benefit significantly under careful management of forested areas where they typically nest. Fortunately, the Pittman-Robertson act does not restrict use of funds to game species, but instead allows their use for any species of wild bird or mammal.

Hunter Safety and Sportsmanship

Congress in the early 1970's expanded the P-R revenue base to include handguns and archery equipment, and authorized States to spend up to half those revenues on hunter education and target ranges.

Hunter education is designed to make each hunter aware of how his/her behavior affects others. Hunters learn safe and proper handling of hunting equipment, responsible hunting conduct afield, the identification of wildlife and understanding of its habits and habitats, and respect -- for the animals, and for other hunters, landowners, and the general public.
 

FarmerJohn

Has No Life - Lives on TB
I know this area well.

This is how Hirsch's neighborhood, with multimillion-dollar homes scattered in the woods between the George Washington Memorial Parkway and the river, ended up with duck blinds so close to homes. Most residents moved to the area for its serene nature -- and paid dearly for it. Their primary complaint concerns noise.

This part of the Potomac River is also the corridor for jets leaving Regan National airport; the "noise abatement" plan for that airport calls for the jets to fly low and slow up the Potomac until about Great Falls when they are finally allowed to go up to cruising altitude. Trust me, it's not "serene" even without occational shotgun reports from hunters.

FJ
 
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