Alaska's high court hears predator control case
by Mary Pemberton / The Associated Press
2 months ago | 902 views | 6 6 comments | 5 5 recommendations | email to a friend | print
ANCHORAGE, Alaska - Opponents of Alaska's predator control program argued Thursday before the Alaska Supreme Court that the program violates the state constitution.

The hearing was another effort by opponents to stop the program in which more than 1,000 wolves and hundreds of bears have been killed to boost moose and caribou numbers since it began in 2003.

Michael Frank, a lawyer for Defenders of Wildlife and the Alaska Wildlife Alliance, told a three-judge panel that the program is not what the state constitution delegates had in mind when they determined Alaska's resources should be managed on a "sustained yield principle."

When they included that in the state constitution, they did not discriminate between prey and predators, and neither should the state, Frank said.

Frank said a review of Board of Game discussions on predator control had no mention of managing wolves and bears for sustainable yield, for making sure numbers don't fall below recoverable levels.

The question boils down to whether predator control can be conducted without regard to sustainable yield of prey animals, namely wolves and bears, Frank said.

"The answer to that is no," he told the judges.

He also maintained that the predator control program is not being operated on a sustained yield principle when 80 percent of wolves and 60 percent of bears are being removed from large areas of Alaska.

Assistant Attorney General Kevin Saxby said there has always been an understanding within state law that some animals are preferred over others. He said if the sustained yield principle was applied as an absolute, then programs such as rat eradication and pike removal would be in jeopardy.

Saxby also asserted that sustained yield is covered in the predator control program in discussions about seasons, bag limits and maintaining minimum population numbers.

Judge Morgan Christen questioned that assertion, saying "It does seem sort of conspicuous that the words are missing."

The state's predator control program began in the McGrath area to respond to complaints there that predators were killing too many moose and caribou calves, leaving them with too animals to hunt for food. The program, which has the strong support of Gov. Sean Parnell, has been expanded to six areas of Alaska.

Under the program, residents are permitted to shoot wolves from the air or conduct land-and-shoot hunting of wolves. The program has expanded to include the baiting and shooting of bears in some areas.

It was not immediately known when the court would issue a decision, but rulings often take months.

comments (6)
« Samm_redux wrote on Friday, Nov 20 at 11:38 AM »
By the way... any wildlife biologist knows that by controlling predators you wind up with MORE and healthier predators, not fewer, because you have increased the prey animals such that there is more food for the predators. Predator Control is a win-win-win (third win is for the Citizens of Alaska who per the Constitution "own" the animals) situation. A smart 5th grader could figure that out...
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« Samm_redux wrote on Friday, Nov 20 at 11:33 AM »
This should be fairly easy to settle... all they have to do is ask Jack Coghill what the intent of the Constitutional Delegates was when they framed that portion of the Constitution.

I just love these Liberal lawyers who presume to put themselves into the minds of the Constitution's Framers and presume to know that they were all a bunch of Liberals just like themselves.
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« Pearl=W wrote on Thursday, Nov 19 at 10:50 PM »
Voice - Now THERE'S a predator control project I could support 100%!!
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« Voice_of_the_Crimes wrote on Thursday, Nov 19 at 06:02 PM »
Too bad the weasle erradication program never took off after Palin's inaguration IN '07. The State could do a lot better with fewer weasels in the range 20 and above positions in the state gov.
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« mregan9 wrote on Thursday, Nov 19 at 04:48 PM »
According to the Court System's Appellate Court Case Management web site,

http://www.appellate.courts.state.ak.us/main.asp,

there are two coordinated cases, with case numbers S-13184 and S-13343. You can read a docket of filings in those cases by calling them up by number from the case management web site. Both appeals are from orders in an Anchorage superior court case, case number 3AN-06-10956CI. You can read a docket of filings in that case through the CourtView system,

http://www.courtrecords.alaska.gov/pa/pa.urd/pamw6500.display

Yours in pedantry,

Mark Regan

Fairbanks

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« use_your_head wrote on Thursday, Nov 19 at 02:54 PM »
This is an interesting article; it serves as a notification without informing the reader. A link to the court case file number or the address to look up the court case file would have greatly improved the reporting.

Leave the predator control program where it is. This lawsuit only serves out of state interest groups political programs.

Personally, I would rather see more access for hunting and trapping of the predator populations than the government agents only. The license fees, sealing fees (that is the required sealing of the hide, not actual seals the animal for all the reactionists out there), and associated products purchased would help generate jobs and stimulate our state's economy.
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