The overly provocative Juneau Empire headline, “Trooper kills charging bear,” was distressing, and invites further discussion.
Chicken coops and enclosures are bear attractants. The Alaska Department of Fish and Game recognizes this and advises and assists property owners to employ electric fencing to deter bears. Many responsible homeowners already use this type of fencing, as well as adhering to strict City and Borough of Juneau garbage storage ordinances. Not having an electric fence or otherwise secure enclosure for chickens is in many people’s minds an attractive nuisance, making the killing of an animal under existing law arguably unjustified. In the Randall Road bear case, no electric fence existed. If it had, the waste of a valuable public resource could well have been avoided. Before another bear is killed in this way, the time has come to seriously consider CBJ-mandatory electric fencing for chicken coops and their enclosures.
Once an incident like this develops, what could have been done differently? State defense of life and property law requires, in addition to not having created the attraction in the first place, that any killing be done as a last resort, after all other practical measures are taken. An officer arriving on the scene might have activated a siren to scare the bear away before leaving a patrol car and risking a direct confrontation. As in other cases, rubber bullets might have been fired. Pepper spray or mace can be an option. Another alternative, often more effective in the long run, is to use a dart containing a drug that immobilizes a bear, allowing it to be relocated to another area. None of these measures are reported to have been taken. Furthermore, there is risk involved in using a firearm on a powerful animal — it could be wounded and escape to create a serious threat to residents nearby. A big part of official discretion involves restraint, where appropriate, and in this case, there appears to have been none.
When a bear is killed in this way, a valuable public resource is lost. One of the great attractions for many people in Juneau is to live in harmony with wildlife. The law requires people to act responsibly in bear country, and an animal should only be killed as a last resort. Bears and other wildlife deserve every chance we can give them. In this case, we could have done better.
• Joel Bennett is a former member Alaska Board of Game and current member Juneau Community Black Bear Committee. He resides in Juneau.
