A notice posted on the state Fish and Wildlife website declared the hunt open Tuesday afternoon with check stations open from 4 to 7 p.m.
, and allowing a hunt would due “irreparable harm.” They also argued that the state’s focus on the steep rise in bear complaints was overblown, and that there was no real emergency.
The appellate court disagreed, ruling that the state Fish and Game Council had the power to declare an emergency and authorize the hunt. The court sided with the state’s contention that the growing bear population poses some danger to residents. “We recognize the significant yet competing public interests underscoring both parties’ arguments,” the appeals court ruling said. “On balance, however, the public interest advanced by [the state] is grounded in the protection of the public from the growing bear population and commensurate damage and nuisance incidents. In our view, the balance of hardships tips in the [state’s] favor.”
Dante DiPirro, the attorney for the coalition of hunt opponents, said the group is considering an appeal to the state Supreme Court. “This is bad policy for bears and it is bad policy in all substantive areas of law since there is now precedent that the the state can manufacture a so called ‘emergency’ and thus bypass rulemaking requirements and immediately implement new law,” DiPirro said in an email. “True emergencies are things like earthquakes or nuclear plant meltdowns, not shooting bears as they go into hibernation.”
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