In 2023 the Alaska Department of Fish and Game began a cull of predators, specifically brown bears in western Alaska. This followed a cull of wolves on Prince of Wales Island. Both culls had the same driving rationale, namely to defend prey animals like deer and caribou from predation, making more harvest opportunities available to subsistence and sport hunters.
In the case of the wolves the state overstepped its own bounds and killed too many. They apologized, but said the mistake was ultimately harmless. In the case of the bears, after two years of killing some 200 browns, a handful of black bears, and some wolves that got in the way, an Anchorage court ruled on a lawsuit challenging the kill and alleging that the cull activity was unconstitutional.
The court found that the state’s cull was (1) illegal because the board did not give proper public notice of what it intended to do; and (2) unconstitutional because it did not consider the constitutional mandate for sustained yield of all animals, not just caribou and moose. The legal team representing the plaintiff weas not too optimistic, but in the end they prevailed on all points against the state.
The state’s response was, if nothing else, imaginative. The ADF&G commissioner declared the inability to kill bears to be a management emergency, and appealed for a ruling to the Board of Game. It was no surprise at all when the Board of Game delivered a stamp of approval for the cull activity. So, for a breathtaking moment, the Board of Game, a six-member committee of appointed, not elected, game management citizens, had declared, in effect, that the state constitution was an optional consideration and that the courts had less authority than the game board.
I always wondered where the real authority in the state was. Obvious: dummy, this is Alaska — the governor thinks the Board of Game can set the constitution aside at will.
This however is just by way of setting the scene. On April 11, midmorning, I got an email from the ADF&G McNeil River Game Sanctuary advertising a bear-viewing raffle. The very same bears slated for destruction by the state predator control program. The email says in part:
“Have you been to McNeil River State Game Sanctuary to view bears? It is an incredible place to immerse yourself in the daily lives of brown bears as they fish, rest and repeat. Experience life simplified — a time to disconnect, unwind, photograph and enjoy observing one of the largest congregations of brown bears in the world. This is a great time to watch as they fish McNeil River Falls with only 10 guided viewing permittees allowed to be at McNeil at any given time. You will never have to jostle with a crowd for a view or pictures. This is a truly unforgettable opportunity!”
I am left with the image of standing ankle-deep in the McNeil River, watching a big brown sow catching a fish when a helicopter comes over the immediate horizon and some ADF&G guy in an orange coat leans out of the aircraft and kills the bear. It cannot be denied that this would be right up there with truly unforgettable viewing. Better grab that opportunity.
• Eric Forrer is a retired contractor and sometime commercial fisherman, residing in Alaska since 1962 and Juneau since 1978. He held positions on the University of Alaska board and on the Postsecondary Education Commission.
