The State of Alaska asked the Ninth Circuit to reconsider its decision and redirect the U.S. Fish and Wildlife Service to comply with ANILCA and allow the state to manage the methods and means of hunting on the Kenai National Wildlife Refuge.
In 2016, the U.S. Fish and Wildlife Service enacted a ban on the use of bait to hunt brown bears on a significant area of the Kenai Peninsula. Though Congress invalidated a statewide ban of this hunting practice the following year in Center for Biological Diversity v. Bernhardt, the U.S. Fish and Wildlife continues to enforce the ban in the Kenai National Wildlife Refuge, according to the Alaska Department of Law.
Governor Mike Dunleavy:
“Any attempt to legislate through policy by unelected officials sets a dangerous precedent to all states. We hope the entire Ninth Circuit will hear this case and see the error in the panel’s initial decision that failed to recognize that Congress has left these issues to the states.”
Department of Fish and Game Commissioner Douglas Vincent-Lang said that the U.S. Fish and Wildlife Service is controlling the methods and means of hunting in Alaska:
“Federal employees living in D.C. should not control how Alaskans hunt. Congress sought to protect local control over hunting when it passed ANILCA, and it should be local citizens that make these decisions.“
Attorney General Treg Taylor:
“Based on the protections and rights granted to us at statehood, Alaskans control the means and methods by which we secure our food and protect our natural resources. We are fighting Federal overreach to ensure that Alaskans make these critical decisions for our State.”
The appeal says that the President has not complied with his constitutional obligation and continues to enforce a regulation that prohibits brown bear baiting in the Kenai National Wildlife Refuge.
The appeal was filed on Tuesday, July 5.
