ENVIRONMENTAL LAW
Court of Appeals of Alaska (2025)
Olivia Sontag
In State v. Rosenbruch-Decker, 567 P.3d 715 (Alaska Ct. App. 2025), the Court of Appeals of Alaska held that two game guides violated a regulation prohibiting “taking” of game animal with the aid of a wireless communication device when they used a radio to locate and kill a goat they had already wounded. (Id. at 723). The game guides were leading a mountain goat hunt when a client wounded a goat that then fled. (Id. at 717). The game guides used a radio to help the client locate the goat and kill the animal. (Id.). The game guides were charged with violating a fish and game regulation that prohibits “taking” a game animal with the aid of a wireless communication device. (Id.). The guides filed a motion to dismiss on three grounds: (1) they had not used a radio to “take” the animal because it was already taken when mortally shot and wounded; (2) the State’s interpretation of “take” was vague and overbroad; and (3) the prosecution violated their substantive due process rights. (Id.). The district court agreed and dismissed the case. The Court of Appeals of Alaska reversed, finding that the statutory definition of “taking” is broader than the common law definition and includes ongoing conduct such as pursuit. (Id. at 719–22). Additionally, given there is no evidence of arbitrary enforcement of the statute, and the statute is clarified by legal analysis, the Court of Appeals of Alaska held the statute is not vague and provides sufficient notice to hunters. (Id. at 724). Finally, the Court of Appeals of Alaska held the guides’ substantive due process rights were not violated as they had lawful alternatives to locate the goat without the use of a radio. (Id. at 725). Reversing the lower court’s decision, the Court of Appeals of Alaska held two game guides violated a fish and game regulation prohibiting “taking” of an animal with the aid of a wireless communication device when they used a radio to locate and kill a wounded goat. (Id. at 723).
