Posts tagged: Jeremy Hill
Here's a link to my full story at spokesman.com on how both of Idaho's U.S. senators and North Idaho's congressman introduced legislation today to amend the Endangered Species Act to clarify that it's OK to shoot a grizzly bear in self-defense or in defense of another person, in response to the Jeremy Hill incident. However, the law already says that - in the very next section after the one the new bill would amend. A spokesman for Idaho Sen. Mike Crapo said the bill would “bolster” that provision, but a national species conservation group called it “simply political grandstanding.”
Jeremy Hill of Porthill, Idaho shot a grizzly last May after it and two others wandered onto his property and were seen near his children's 4-H pig pen; he feared his six children were outside playing at the time. He was charged with a federal crime, but it later was dropped in favor of a non-criminal infraction, and Hill agreed to pay a $1,000 fine.
Derek Goldman, Northern Rockies representative for the Endangered Species Coalition, a national network of hundreds of groups that support species conservation, today blasted new legislation proposed by two Idaho senators and one Idaho congressman to amend the Endangered Species Act. “This is case of politicians using a single, rare and unfortunate incident to pander to extremists who want to undermine common-sense protections for wildlife,” Goldman said. “This is simply political grandstanding by politicians who want to weaken laws that protect our wildlife and wildlife habitat for future generations of Americans.” Click below for his full statement.
Here's something odd: I've been hunting for the existing language in the Endangered Species Act that would be modified by the new legislation introduced today by three members of Idaho's congressional delegation, Sens. Mike Crapo and Jim Risch and 1st District Rep. Raul Labrador, to clarify that people can shoot grizzly bears in self-defense. It turns out that practically identical language already exists in the very next section of the ESA that follows the one the Idaho lawmakers would amend.
Their bill says, “Notwithstanding any other provision of law (including regulations), the provisions of this Act shall not apply with respect to the taking of any grizzly bear by an individual who demonstrates to the Secretary by a preponderance of the evidence that the individual carried out the taking as a result of: 1 - self defense; 2 - defense of another individual; or 3 - a reasonable belief of imminent danger posed by the grizzly bear to any individual.” This language, under the bill, would be tacked on to the end of Section 10 of 16 USC 1539.
In the existing law, in 16 USC 1540, there are two clauses, one about civil penalties, and one about criminal violations. They say: “Notwithstanding any other provision of this Act, no civil penalty shall be imposed if it can be shown by a preponderance of the evidence that the defendant committed an act based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other individual from bodily harm, from any endangered or threatened species.” And: “Notwithstanding any other provision of this Act, it shall be a defense to prosecution under this subsection if the defendant committed the offense based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other individual, from bodily harm from any endangered or threatened species.”
I queried University of Idaho law professor Dale Gobel, an expert on the Endangered Species Act, to find the existing language in the law. “It's in the statute,” he said, noting of the bill with a chuckle, “It seems redundant, but other than that, why not?”
Three members of Idaho's congressional delegation - Sens. Mike Crapo and Jim Risch and 1st District Rep. Raul Labrador - are introducing legislation aimed at amending the Endangered Species Act in the wake of the Jeremy Hill case, in which a North Idaho man was charged with a federal crime for shooting one of three grizzly bears that wandered onto his property; the charge later was reduced to an infraction and Hill agreed to pay a fine. The three lawmakers said their new bill would clarify that it's not a crime to shoot a grizzly bear in self defense, in defense of another individual, or out of “a reasonable belief of imminent danger posed by the grizzly bear to any individual.”
Hill said he was concerned about his children, who he thought might have been playing outside when the mother grizzly and two cubs wandered into his yard near a pen holding the children's 4-H pigs. Risch said, “Everyone who followed Mr. Hill’s case understood that he was not hunting a grizzly bear. He was protecting his family, which he truly believed was in harm’s way. This legislation will allow an individual to act in self-defense without having to mount a costly defense for their actions, if done appropriately. This is a common-sense change that needs to be passed.” You can read the three lawmakers' full statement here.
The Endangered Species Act already permits killing a grizzly bear in self-defense. “This just basically adds some more language to further bolster the self-defense language that's in the ESA,” said Lindsay Nothern, Crapo's press secretary. “I wouldn't call it a major change in the law.” But he said the lawmakers believe the Jeremy Hill case showed “that maybe we need to clarify the language in the law, and that's what we're doing.”
The U.S. Attorney’s Office has dropped misdemeanor charges against a Porthill, Idaho, man who shot and killed a grizzly bear in his yard, reports S-R reporter Becky Kramer; you can read her story here at spokesman.com. Instead, Jeremy M. Hill was issued a citation for the May 8 shooting of the male grizzly, and paid a $1,000 fine.