The Alaska Supreme Court weighs citizens’ right to challenge state’s predator control program

Anchorage lawyer Michelle Bittner, who sued nan authorities complete its programme that is sidesplitting bears and wolves to boost nan faltering Mulchatna caribou herd, stands successful nan courtroom aft arguing her lawsuit to nan Alaska Supreme Court connected Wednesday. (Photo by Yereth Rosen/Alaska Beacon)

Do nonhunting Alaskans who bask viewing wildlife person ineligible opinionated to situation a authorities programme that kills scores of bears and wolves for nan intent of boosting caribou numbers?

That is nan mobility now earlier nan Alaska Supreme Court. In a proceeding successful Anchorage, Michelle Bittner, an Anchorage lawyer who opposes nan state’s predator power programme successful Western Alaska, asked nan justices to reverse a little tribunal determination that dismissed her title against nan authorities Board of Game and Department of Fish and Game.

A authorities Superior Court judge found in October that Bittner did not person capable liking successful nan region’s wildlife to suffice for what is known successful ineligible position as standing. The word refers to nan authority to situation an action aliases rule successful court.

Bittner told nan justices that, arsenic a national of Alaska, a authorities wherever each residents are entitled done nan constitution to use from commonly held earthy resources, she does person opinionated to situation nan authorities programme that is culling bears and wolves to assistance the faltering Mulchatna caribou herd.

A carnivore sits connected nan writer connected Aug. 10, 2023, successful Katmai National Park and Preserve. In her arguments, lawyer Michelle Bittner cited her past experiences watching Katmai bears, animals arsenic grounds of her opinionated to writer complete predator control. (Photo by F. Jimenez/National Park Service)

In 2022, nan program’s first year, nan authorities killed 94 brownish bears, 5 achromatic bears and 5 wolves. The programme has continued, and nan full is now up to complete 180 and 40 wolves, a toll that affects her arsenic an Alaskan who values wildlife, Bittner told nan justices.

“My interests are that wildlife is portion of my personality and experiences arsenic an Alaska. I want to unrecorded successful a spot wherever wildlife is flourishing. I americium exhilarated by viewing wildlife successful their earthy habitat. And I cherish wildlife, including predators,” she said. She described really she has visited Western Alaska and viewed and fished among nan salmon-eating bears successful Katmai National Park and Preserve.

She besides has a morganatic liking arsenic a national successful ensuring that nan authorities follows its ain regulations, laws and constitution successful making wildlife decisions, she said.

Bittner’s lawsuit earlier nan Supreme Court is conscionable a mini information of the legal fight against nan Mulchatna predator power program, which nan authorities intends to continue done 2028.

Another lawsuit filed a twelvemonth agone against nan authorities by nan Alaska Wildlife Alliance alleges that nan programme is illegal, ignores technological accusation indicating that predators are not nan origin of nan caribou herd’s problems and was adopted hurriedly without due nationalist notice. That suit is pending successful authorities Superior Court, and it is earlier nan aforesaid judge who dismissed Bittner’s complaint, Andrew Guidi.

The Alaska Department of Fish and Game has defended the Mulchatna predator power program.

Caribou transverse nan Kanektok River successful nan Togiak National Wildlife Refuge connected Aug. 25, 2009. The Mulchatna caribou herd, which ranges successful nan refuge, has declined sharply since nan 1990s. The predator power programme started by nan authorities successful 2022 intends to termination bears and wolves that authorities officials opportunity are keeping caribou numbers low. (Photo by Allen Miller/U.S. Fish and Wildlife Service)

Still, Senior Assistant Alaska Attorney General Cheryl Brooking told nan Supreme Court justices connected Wednesday, nan ineligible merits of nan programme were not up for their contiguous consideration.

Instead, Brooking said, what is to beryllium wished is whether Bittner’s lawsuit was decently dismissed. The state’s position is that Bittner’s relationship to bears and wolves that whitethorn person been killed is excessively vague to suffice her for standing, Brooking said. Bittner has not shown grounds that she was harmed by nan predator-control policy, she said.

“This tribunal has said that opinionated is required, aliases a lawsuit must beryllium dismissed. And if there’s nary harm that has been alleged, nary nonstop and individual harm, past that requires dismissal,” she said.

Bittner’s position is weakened because she has not revealed immoderate circumstantial plans to return successful nan early to nan area wherever carnivore populations whitethorn person been affected by predator control, Brooking said. It is besides weakened by her nonaccomplishment to attest aliases remark to nan Board of Game astatine its 2022 gathering erstwhile it authorized nan Mulchatna predator power program, she said.

Both Bittner and nan Alaska Wildlife Alliance allege that nan Board of Game grounded to springiness capable nationalist announcement astir nan norm it adopted.