Changes in ESA come on the tail of controversial charges

By SEAN ELLIS

Capital Press

BOISE --Idaho's congressional delegation introduced legislation today that would amend the Endangered Species Act to clarify that people have the right to defend themselves and their families from grizzly bear attacks.

The legislation is in response to the well-publicized case of Jeremy Hill, a north Idaho man who was charged last month with violating the ESA for killing a grizzly bear on his property in May. Hill said he believed he was defending himself and his family.

While the U.S. attorney later dropped all federal criminal charges, Hill agreed to pay a $1,000 fine. Grizzly bears are listed as threatened under the ESA.

Lindsay Nothern, communications director for Sen. Mike Crapo, R-Idaho, said Idaho elected officials heard from a lot of people who were very upset that Hill was charged in the first place.

"They felt it was crystal clear that Mr. Hill was defending his family and his property and that his family and property were in immediate danger," Nothern said.

Current provisions in the ESA about the taking of grizzly bears are vague and make it possible but very difficult to shoot a grizzly bear legally in self-defense or the defense of others, Nothern said.

"We need further clarification that people are allowed to defend themselves," he said.

In a joint statement, Crapo, Sen. Jim Risch, R-Idaho, and Rep. Raul Labrador, R-Idaho, said the changes proposed by their bill would be a drastic improvement over current ESA provisions protecting grizzly bears.

They said the ESA rightly protects threatened and endangered species but Congress never intended to deny people the right to protect themselves or others.

The new legislation states that the provisions of the act regarding the taking of a grizzly bear will not apply to anyone who was acting in self defense, the defense of another person or who had a reasonable belief of imminent danger.

Risch stated that everyone who has followed Hill's case understands he was not hunting a grizzly bear, but 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 of their actions, if done appropriately," Risch stated. "This is a common-sense change that needs to be passed."

Nothern said the legislation is not a broad attempt to redefine the ESA, but "is confined to grizzly bears because of the significant harm they can cause."

The legislation will be referred to the Senate Environment and Public Works Committee, which includes Crapo as a member, and the House Natural Resources Committee, which includes Labrador.