WASHINGTON, D.C. Animal protection advocates today hailed a decision by a Washington State court of appeals that upholds two voter-approved initiatives prohibiting particularly inhumane and unsporting methods of hunting and trapping wildlife.
The court ruled on Tuesday that neither of the two wildlife protection measures approved by Washington voters in the last decade violates the state's public trust doctrine, which "prohibits disposing of the public interest in the State's natural resources in a manner that substantially impairs the public's right of access, unless the action promotes the overall interests of the public."
Voters passed Initiative 655 in 1996, banning the trophy hunting of black bears over piles of rotting meat and jelly doughnuts, and the hunting of bears, cougars, bobcats or lynx by chasing them with packs of radio-collared dogs. In November 2000, voters approved Initiative 713 and the measure has withstood several attempts to overturn it. It bans the use of two dangerous poisons used to kill wild animals, and restricts the use of cruel and indiscriminate steel-jawed leghold traps, snares, and Conibear traps, which are used to kill animals for recreation and the commercial trade in fur. It provides exceptions for the use of traps for protection of livestock and other property, public health and safety, and threatened and endangered species.
The plaintiffs in the case, a cadre of trophy hunting and commercial trapping interests grossly misnamed the "Citizens for Responsible Wildlife Management," claimed that Initiatives 655 and 713 violated the state's responsibility to manage natural resources for the public benefit. The court rejected that argument, ruling that the measures were reasonable and sensible restrictions on hunting and trapping. Writing for the majority of the Court, Judge David Armstrong concluded that "Washington voters did not give up control over the state's natural resources in violation of the public trust doctrine& If anything, this is an assumption of greater rather than lesser control."
The Humane Society of the United States, The Fund for Animals, Protect Pets and Wildlife (ProPAW), The American Society for the Prevention of Cruelty to Animals, and other animal protection organizations intervened in the case on behalf of the state to support the initiatives.
"Once again, the courts have rejected a frivolous lawsuit attempting to undermine the will of the voters of Washington State," said Wayne Pacelle, president and CEO of The HSUS. "By holding that laws banning cruel and inhumane practices like bear baiting are entirely consistent with the state's interest in protecting natural resources, the court has rejected the narrow interests of those who want to exploit wildlife for recreation or profit."
The intervenors were represented by Jonathan Lovvorn of the public interest law firm of Meyer & Glitzenstein. The decision, Citizens for Responsible Wildlife Management v. State of Washington, can be found online.
Last month, The HSUS and The Fund for Animals announced that they would combine forces as of January 1, 2005 to create the world's largest animal protection organization, and that they would launch a new Animal Protection Litigation section to protect animals in the courts.
The HSUS is the nation's largest animal protection organization, representing more than eight million members and constituents. The non-profit organization, is based in Washington, DC and has 10 regional offices across the country. For more information, visit The HSUS' Web site www.hsus.org.
The Fund for Animals works to protect wildlife and domestic animals through legislation, litigation, education, and hands-on care.