One hunter is running out of ammunition in his fight to reinstate the fall turkey season. Friday a judge ruled the Game and Fish Commission gave proper notification of cancellation of the season and he did not enter an injunction so that the season could start Monday.
While the lawsuit over cancellation is still pending it could be too late to save the season.
This has been a very hot issue with turkey hunters who just want to get out in the woods and bag a bird. One man filed a lawsuit to get a judge to reverse the cancellation. The judge first ruled against him but they got him to reconsider, so today they hoped to see season re-instated but that didn't quite happen.
"If I were a turkey hunter I'd put my gun up and get ready for duck season," says Attorney David Carruth.
He gave this after the judge ruled the Game and Fish Commission followed proper notification procedures for cancelling the fall turkey season because of low population. He also declined to issue a temporary injunction to allow the season to start Monday. "They're hoping that their approach will bring about reproduction of good conditions for turkeys to populate Arkansas in the future," says Jim Goodhart Attorney for the Game and Fish Commission.
Turkey hunter Mike Griffith says, "If it takes backing off the season for awhile and let them regenerate that's what we need to do."
Carruth's client, David Clark, doesn't see it that way so he went to court. Today's decision doesn't stop his lawsuit but he won't get a hearing before the planned start of the season. And the seven day season may be over before a decision is reached.
If you already have your equipment like turkeys they won't go to waste the commission says turkey season looks good for the spring. As for the fall season, Carruth says his client and other disappointed hunters just might go looking for a refund for the hunting time they missed out on. "They've collected license fees and closed the season at the last minute, that's like taxing somebody and then saying no we're not going to provide the service."
The Game and Fish Commission says its cancelled turkey season many times before and never gave refunds, hunters can just enjoy other seasons like duck season and squirrel season. According to the state constitution hunting is a privileged not a right, some hope to change that by putting the measure to a vote.
