N.J. Appeals Court Upholds Bear Hunting, Rejects Anti’s Legal Attack on Fish & Game Council

Trenton, N.J. — New Jersey’s black bear hunt will go on after a state appeals court sided with the Fish and Game Council, rejecting a high-profile constitutional challenge led by former Democratic state senator Raymond Lesniak and his nonprofit, the Lesniak Institute for American Leadership.

In a unanimous opinion released Thursday, the Appellate Division upheld the authority of the Fish and Game Council, the state agency charged with managing wildlife and setting hunting policy. The panel dismissed claims that the council was improperly controlled by private hunting interests and lacked government oversight.

The Legal Challenge

Democrat Lesniak argued that the council’s structure violated the New Jersey Constitution because six of its 11 members are recommended by the New Jersey State Federation of Sportsmen’s Clubs, a private hunting and trapping wildlife conservation group. He claimed that it gave a private organization too much control over public policy, violating the separation of powers and the “non-delegation doctrine.”

“The state law on the matter is so grossly antiquated that it requires a legislative change, which is exactly what we’re going to pursue,” Lesniak said after the ruling. “This is beyond a legal fight. This is a battle for compassion and co-existence with our world’s creatures.”

Court Says Council Is Legitimate State Agency

The three-judge panel rejected those arguments, affirming a lower court ruling. Writing for the court, Judge Bishop-Thompson emphasized that the Fish and Game Council is a legitimate state regulatory agency created by statute, not a private entity. Members are appointed by the governor with Senate confirmation, and the council’s rules must be approved by the commissioner of the Department of Environmental Protection (DEP).

The judges pointed back to a 1976 New Jersey Supreme Court decision upholding the council’s structure against a similar challenge by the Humane Society. That ruling found that including sportsmen, farmers, and conservation experts was “reasonable and consistent with its mission.”

The opinion stressed that the council’s powers remain “circumscribed by governing law” and are subject to the DEP commissioner’s oversight. Comprehensive policies—like the 2022 Black Bear Management Policy that Lesniak sought to block—require DEP approval before implementation.

Supporters of the Hunt

The New Jersey State Federation of Sportsmen’s Clubs, representing over 150,000 hunters, trappers, and fishermen statewide, welcomed the decision. Their attorneys, Christopher J. Norman and Stuart A. Platt, defended the council’s legitimacy and role in conserving game species.

Supporters argue that the hunt helps control the state’s black bear population, reduce dangerous human-bear conflicts, and maintain ecological balance. For decades, New Jersey has relied on managed hunts as part of science-based wildlife policy.

Ongoing Battles Ahead

While this ruling is a major win for hunters, it does not end the legal war over black bear management. A separate challenge by the Animal Protection League of New Jersey and other plaintiffs targeting the 2022 Comprehensive Black Bear Management Policy remains pending before the Appellate Division.

For now, though, the state’s black bear hunt continues with full legal backing. As the court noted, the council is “neither a private regulatory organization nor controlled by a private organization”—a sharp rebuke to claims that hunting groups secretly pull the strings in Trenton.

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