Conservation Force and Partners Sue Delta to End “Big Five” Hunting Trophy Embargo

James.Grage

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Conservation Force and Partners Sue Delta to End “Big Five” Hunting Trophy Embargo

Conservation Force, Dallas Safari Club, Houston Safari Club, the CAMPFIRE Association, the Tanzania Hunting Operators Association (TAHOA), and Corey Knowlton filed suit today against Delta Air Lines, Inc. to compel an end to Delta's illegal embargo on transport of hunting trophies of the "Big Five" (lion, leopard, elephant, rhino and buffalo) from Africa. The plaintiffs allege the embargo on transport of a specific class of non-dangerous cargo violates Delta's duty as a common carrier not to discriminate against passengers or cargo.

On August 3, 2015, Delta announced it would no longer transport "Big Five" trophies. This announcement came amid the media uproar over the alleged illegal killing of "Cecil the lion" by Dr. Walter Palmer - who has since been cleared of any wrongdoing by Zimbabwe authorities. The plaintiffs point out that "Big Five" hunting in Southern and Eastern Africa is responsible for protecting the most wildlife habitat, providing the largest share of operating revenue for state wildlife departments, underwriting the three levels of anti-poaching efforts, and contributing critical benefits and incentives to local people damaged by the "Big Five." John J. Jackson, III, President of Conservation Force, underscored the importance of hunting's contributions.

"Without hunting most wildlife and habitat will disappear," he said. "Above all, the attitudes of local people ultimately determine the survival of these species. Hunting provides the incentives for local people to tolerate dangerous wildlife."

According to the plaintiffs, Delta's embargo threatens the African hunting industry by making it more difficult for hunters to bring home the fruit of the hunt, and stigmatizes America's business and civic leaders as traffickers of illicit cargo. A trophy symbolizes several things to a hunter: "It is a memory of the hunt's success, the experience, the people, and the place. Most of all, it is tribute to the animal hunted," according to Jackson.

The suit points out that international trade and transport in "Big Five" trophies is not just legal but encouraged by resolutions of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), except for trade in the embargoed buffalo, which is not protected under CITES (or the US Endangered Species Act). Jackson, a prominent lawyer, also noted that the US Fish and Wildlife Service has issued import permits for rhino, leopard and elephant and found the import of these trophies "enhances the survival" of the species. Jackson said, "Delta's unlawful embargo is robbing the species of the enhancement tourist hunting provides." Delta is alleged to have refused to transport the black rhino trophy of Corey Knowlton, who contributed $350,000 to anti-poaching and other efforts exclusively to recover the black rhino and whose enhancement import permit was approved by USFWS.

The plaintiffs represent a range of interests, from individual hunter-conservationists to operators to representatives of the communities who benefit from tourist hunting revenue. For example, the plaintiff CAMPFIRE program benefits 770,000 families in Zimbabwe (2.4 million children), and the largest source of income to these communities is from American tourist safari hunters.

Jackson concluded: "Delta is a common carrier. It cannot discriminate against cargo, the African people, or game - much less to further the agenda of extremist animal rights organizations. Its embargo threatens the programs responsible for most of the habitat and anti-poaching in Africa. This is too important to stand by. This suit is just the beginning of the fight."

Jackson warned this suit may be followed by broader antitrust actions or penalties by the African governments. The suit was filed in the Northern District of Texas.

For more information, contact John Jackson at: 504-837-1233 or jjj@conservationforce.org. Hunters interested in supporting the plaintiffs' effort may send donations to Conservation Force at 3240 S. I-10 Service Road W, Suite 200, Metairie, Louisiana 70001-6911.
 
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Good deal, its about time we start to fight back. It has proven successful before with the three amigos lawsuit. Hopefully good will again prevail in this case.
 
Tou shay!! About time. That's what I'm talking about!
 
good for them !
 
I'd really want some very qualified legal advice before I donated money to this.
I've read some of the petition and its not just straight forward. Lots of definitions to argue.
Ultimately it will come down to previous relevant judgements.

As I see it, it's money for lawyers and appeals.

I hope they succeed for our US brethren, but if I was a betting man I'd not put much on it.
 
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Link to the full text of the suit:

http://dscnewscenter.org/wp-content/uploads/2015/10/Delta-Complaint-Final.pdf

I would be curious as to the merits of the case from any attorneys on this forum. In other words, how likely is this argument to succeed. To me, not being an attorney, an having no clue as to how legal arguments are framed and presented, the arguments laid forth in the suit are very compelling and seem to have a lot of merit. Paragraph 46-60 (pages 17-22) hit to the meat of the matter, and that is Delta Airlines, as a common carrier, is obligated to carry cargo, as long as it is legal and not dangerous to it's passengers, etc., and cannot discriminate against certain passengers and cargo and not others. Of course this is a very simplistic summary of very complicated "legalese", but you get the point.

Again, I wonder how likely it is for this suit, brought by Mr. Knowlton, Conservation Force, DSC, HSC, CAMPFIRE, TAHOA, to be successful?

As many on here, and AR have said, it's about damn time. This inevitably may not be successful, but rest assured, if nothing is done, then it sure won't be.

As much as I have supported SCI in the past (Life Member), I, like many others, have to wonder where they are?
 

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Link to the full text of the suit:

http://dscnewscenter.org/wp-content/uploads/2015/10/Delta-Complaint-Final.pdf

I would be curious as to the merits of the case from any attorneys on this forum. In other words, how likely is this argument to succeed. To me, not being an attorney, an having no clue as to how legal arguments are framed and presented, the arguments laid forth in the suit are very compelling and seem to have a lot of merit. Paragraph 46-60 (pages 17-22) hit to the meat of the matter, and that is Delta Airlines, as a common carrier, is obligated to carry cargo, as long as it is legal and not dangerous to it's passengers, etc., and cannot discriminate against certain passengers and cargo and not others. Of course this is a very simplistic summary of very complicated "legalese", but you get the point.

Again, I wonder how likely it is for this suit, brought by Mr. Knowlton, Conservation Force, DSC, HSC, CAMPFIRE, TAHOA, to be successful?

As many on here, and AR have said, it's about damn time. This inevitably may not be successful, but rest assured, if nothing is done, then it sure won't be.

As much as I have supported SCI in the past (Life Member), I, like many others, have to wonder where they are?

I hope that those who joined forces here have amongst them lawyers who gave an opinion on the likelihood of success. If not, then hopefully they sought one out.
 
. . . it's about damn time. This inevitably may not be successful, but rest assured, if nothing is done, then it sure won't be.

My sentiments as well.
 
If anything it makes Delta take a look at their current policy and see if it's worth keeping. Maybe they regret making a knee jerk position.
 
Rhino hunter sues airline
Posted on 20 October, 2015 by News Desk in Hunting, News4 Comments
Posted: October 20, 2015

EXTRACT FROM THE FOLLOWING THIRD PARTY SOURCE: Written by: Sarah V Schweig for The Dodo

A man who paid US$350,000 to shoot a black rhino is now suing an airline for refusing to ship his trophy. Corey Knowlton, who won a permit for the hunt from the Dallas Safari Club back in 2014 and made the trip in May 2015, made headlines when CNN decided to go along with him on his hunt for an endangered black rhino in Namibia.

“I feel like from day one it’s benefitting the black rhino,” Knowlton told CNN after he shot Ronnie the rhino. “And I’ll feel like that until the day I die.”

Now he’s suing Delta Airlines, who announced they would stop shipping hunting trophies in August, making it harder for hunters to bring back their wins. “Delta’s embargo threatens the tourist safari hunting industry’s entire user-pay, sustainable use-based conservation paradigm,” the lawsuit says:

It would be catastrophic to people and wildlife to eliminate the most habitat, prey base, operating budget revenue, and community incentives. Wildlife numbers will plummet. But this will occur if Delta continues to discriminate against the cargo of U.S. hunters. Rather than celebrating the conservation contributions of U.S. tourist safari hunters, Delta is vilifying them by refusing to transport the fruits of the hunt: trophies of the prized Big Five. Delta is treating these legally acquired trophies as if they were contraband.

“Other than Walter Palmer himself, I cannot think of a less sympathetic plaintiff to challenge Delta’s common-sense policy than Corey Knowlton — the Texan who paid to kill one of Africa’s rarest black Rhinos,”said Chris Green, of Harvard Law School, told The Dodo. “No rational airline ever would want to be associated with transporting this endangered animal’s butchered body out of Africa just to go hang on some rich American’s wall.”

Knowlton claims that Delta’s new policy makes it seem like “America’s business, professional, and civil leaders” are “lumped with traffickers.” Hunters say that money is what makes their killing justified, compared to wildlife traffickers and poachers. That the money hunters pay to shoot endangered animals ultimately protects them is a common claim that trophy hunters use to justify killing animals that are already being slaughtered at incredibly alarming rates.

But this claim ignores the devastating effects that the death of an individual animal can have on the bloodline and the animal’s existing family members. Furthermore, with animal populations plummeting from loss of habitat to poaching, trophy hunters still kill an estimated 105,000 animals in Africa every year when every individual is crucial to the survival of the species.

“Stunts like this only draw more negative attention to an already controversial cause. The public response to Knowlton’s lawsuit will confirm to Delta Airlines that it did exactly the right thing by listening to the majority of its customers and refusing to participate in the recreational slaughter of Africa’s precious wild animals,” Green said.

He added: “Endless people can travel to visit a rare African animal during its lifetime — creating a renewable source of tourist dollars that cycles through a local economy over and over again. Yet no matter how high the price, only one person can kill a black rhino and then it is gone forever, just like Cecil.”
 
Wow. That article from Dodo has a fairly obvious slant to it, doesn't it? Corey Knowlton has done a great job throughout this whole ordeal with the Black Rhino to be up front and educational to the general public. I think it really should help to educate those thoughtful individuals which have not already formed a concrete, almost rabid, opinion against hunting.
 
If anything it makes Delta take a look at their current policy and see if it's worth keeping. Maybe they regret making a knee jerk position.

While I agree that it was a knee jerk position and that hunting is an EXTREMELY positive conservation force ... suing Delta will only force them to entrench their position and extend the ban until decided by the courts ... which will probably take much longer it would have taken Delta to remove the ban on their own. The only people who will win will be the lawyers on both sides who will be able to bill big $$$ to fight each other.
 
I agree Scott, the lawyers will be the ultimate winners.
 

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