Update: On May 9, ADFG issued a press release stating that they would proceed with the Mulchatna bear control program. AWA filed additional legal action, and on May 12 we learned that our request for relief for Mulchatna bears has been granted. Per the Court, "The State is temporarily restrained from engaging in predator control measures [in Mulchatna] until ADF&G obtains proper legal authority." Unfortunately, ADFG managed to kill eleven bears before the May 12 ruling.
The Court noted that by pressing on with bear control despite the Court ruling, the State acted in bad faith: "because the Emergency Regulation was passed (and implemented) in bad faith [...] it is invalid and without legal effect."
March Court Order Stands - Mulchatna Bear ControL Program is Unlawful
On May 7, Judge Rankin of the Alaska Superior Court ruled in favor of the Alaska Wildlife Alliance (AWA), finding that the State, by pushing this spring’s Mulchatna bear control through an emergency petition, was not in compliance with the March court order.
The March court order resulted from a lawsuit filed by AWA against the state, and ruled that the Mulchatna bear control program was “unlawfully adopted and, therefore, void and without legal effect” because it violated due process and the sustained yield principle. A week following the order, at the Statewide Board of Game Meeting, the Alaska Department of Fish and Game (ADF&G) submitted an emergency petition to the Board of Game (the Board) to enact an emergency regulation that would allow the State to continue the aerial gunning of Mulchatna bears for 2025. There was no public comment period, and the State did not address bear sustainability before the Board adopted the emergency regulation on March 27.
Concerned that the emergency regulation violated the March court order, AWA again filed legal action against the State.
The hearing for the most recent legal action was held on May 6. On the evening of May 7, Judge Rankin issued her order, which clearly outlined that the Board’s actions are not in compliance with the March court order. The March order still stands, and the Mulchatna bear control program is still considered unlawful, unconstitutional, and void.
“The Superior court ruled that the existing predator control program was unlawful, which means that the State poached almost 200 bears over the past few years, including dozens of cubs, from planes and helicopters,” says Nicole Schmitt, AWA Executive Director. “Instead of remedying those legalities, the State and the Board tried to skirt the public process again. We’re grateful the Court saw this process for what it was: an attempt to runaround a Court order without meaningful engagement from the public.”
It’s AWA’s understanding that if the State continues to move forward with the 2025 Mulchatna bear control, set to begin May 11, would be in contempt of the court, as the emergency regulation process didn’t meet the standards outlined in March court order.
“In my over 13 years of service on the Board of Game under four different Governors, I’ve never seen the process of public notice and testimony so disregarded,” said Joel Bennett, co-counsel for AWA and former Board of Game member. “Thankfully, Judge Rankin’s recent ruling called this abuse out in no uncertain terms.”
Thank you so much to everyone who attended the hearing (the courtroom was standing room only!) and listened in virtually. Your continued support has been instrumental as we continue to stand up for Mulchatna bears and our public process. A huge thank you to Joe Geldhof and Joel Bennet, our pro bono lawyers who have been working on this case since 2023.
See the full press release below.
