The Thrill of the Kill Loses in Oregon Supreme Court |
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November 16, 2006
The HSUS helped secure an Oregon Supreme Court decision Nov. 9 that will protect the state's captive deer. The case involved Oregon's efforts to crack down on Clark Couch, the owner of a canned hunting operation.
Flouting the Fish and Wildlife Commission
More than seven years ago, the Oregon Fish and Wildlife Commission became one of the first state commissions to ban the canned hunting of exotic or game animals. Yet, for years, canned hunting operator Clark Couch continued to charge shooters to enter his property and kill fenced animals.
In 2001, the Jefferson County District Attorney's office charged Couch with 50 violations of Oregon fish and game laws stemming from the unlawful possession, sale, and hunting of several species of exotic deer kept on an enclosed, private game farm. However, the trial court dismissed the charges, reasoning that nonnative exotic species could not be considered "wildlife" subject to the commission's control. The Court of Appeals affirmed that reasoning.
The HSUS Spoke Out
In the fall of 2005, The HSUS asked the Oregon Supreme Court to reverse the decision because it not only allowed Couch to flout the commission's decision, but it also stripped the commission of the tools necessary to protect people and native wildlife from chronic wasting disease and avian influenza.
The Oregon Supreme Court agreed with The HSUS, unequivocally recognizing that the state's power to protect wildlife includes the authority to regulate hunting of captive, nonnative deer. In its opinion, the court stated with an "unqualified 'yes'" that captive deer "clearly fall within the regulatory authority" of the commission.
The decision has broad implications nationwide, since a number of states—including Idaho, North Dakota and Vermont—are considering bans on these unfair and unsportsmanlike hunting operations.
Canned Hunting: An Unfair Chase
Conservation groups, wildlife managers, hunters and animal protection organizations have all voiced their opposition to
canned hunts. Canned hunts are commercial enterprises conducted on private land under circumstances that generally guarantee a kill. By offering
"no kill, no pay" opportunities, canned hunts violate the fundamental fair chase principle of hunting.
Canned hunts are fully or partially banned in 20 states including many western states such as California, Washington, Nevada, Montana, Wyoming, Utah and Arizona. Fair chase hunters are also currently driving legislation in Idaho to prohibit canned hunting.
Extremist Trophy Hunters
Couch's case, unsurprisingly, received legal support from the Safari Club International—a group of extremist trophy hunters who defend canned hunts.
Although canned hunts are generally reviled by the national hunting community, the Safari Club International has recently taken trophy hunting to a new level by supporting canned hunting of endangered species. The group awards trophy hunters for paying to kill animals by listing their names in their record book.
See the Video
Canned Hunts
Related Links
Stop Canned Hunts
Facts about Canned Hunts
Special Report: Canned Hunts—Unfair at Any Price
What You Can Do about Canned Hunts
State of Oregon v. Clark Zane Couch (Oregon canned hunting)
