Judge rules Tahoe bear hunt can go on

Carson District Judge Jim Wilson refused Wednesday to block a bear hunt in the Tahoe Basin, saying opponents failed to show that the Wildlife Commission's regulations setting up the hunt were invalid.

A group of Tahoe residents calling themselves NoBearHuntNV sued to block the hunt, scheduled for Aug. 20-Dec. 31. They didn't challenge the Wildlife Commission's authority to allow a bear hunt but argued that the regulation governing the hunt was illegally adopted because it didn't provide proper public notice or consider the harm to the area's tourism economy.

The regulations set the season, tag quota and other rules for the hunt, including one that says that no female bear with cubs can be killed. Although 45 tags were issued, the total harvest was limited to 20 bears, and only six can be female.

Opponents argued that a bear hunt could hurt their property values and their interests as small-business operators by damaging the economy of the basin.

Wilson, however, said NoBearHuntNV failed to provide any evidence that its members are small-business operators, so they cannot be protected under that argument.

He also rejected the group's argument that the regulation illegally established a new fee, saying the commission has that authority and that NoBearHunt failed to show that its members are affected by setting a new fee.

Some hikers in the group contend that the regulation setting up the bear season created dangers from hunters, their dogs and from wounded bears.

Wilson countered that the commission created the bear hunt, not the regulation. He said the regulation only set the terms, conditions and rules for the hunt.

Therefore, Wilson refused to grant opponents the declaratory and injunctive relief that would block the hunt.