Illegal snares and their consequences
The male yearling black bear trapped in Mark David Mitchell’s illegal wolf snare on Douglas Island. The bear was euthanized because of extensive injuries due to the snare. (Photo courtesy of Alaska State Troopers)
In May of 2018 the Juneau Empire reported that a group of hikers found a black bear cub severely injured near the Ready Bouillon Creek after it stepped into a trap which was illegally left out on Douglas Island.
The snare caught the cub around both hind legs and cut the bear almost all the way to the bone, said Troopers spokeswoman Megan Peters. The Alaska Department of Fish and Game determined that the cub's injuries were so severe that it needed to be euthanized.
The trap was owned by Mark David Mitchell, 39, whose hunting privileges were revoked at the time of the incident for a previous violation. Mr. Mitchell was issued a court summons for one count of attempting to trap wolves during a closed season. The Troopers' investigation determined that Mitchell had placed the snare near the Ready Bouillon Creek earlier in year, according to the Troopers dispatch. The snare was left out despite the fact that wolf trapping season for the area had closed on April 30.
Case officer and Alaska Wildlife Trooper Jake Abbott said the agency was not going to take this offense lightly. "This is definitely not something that we want to see and we take it very seriously," Abbott said. "We feel that this is an egregious enough offense that it warrants a criminal charge in this instance."
Linda Shaw, Alaska Wildlife Alliance Southeast board member, summarized the situation best in her editorial in the Juneau Empire in April 2019.
“If you care about sound game management, wildlife conservation, safe trails and crime in the state of Alaska, you should care and act on this case as public opinion is needed to bring justice for this crime. Otherwise leniency may allow this repeat offender to not only “get away with” this crime, but continue to do so.
Mark David Mitchell is a repeat offender having illegally taken moose and then setting wolf snares out of season all over Douglas Island that have now wastefully killed two bears. This means he has stolen wildlife that belongs to all Alaskans and wasted it in the worst way possible, and endangered more wildlife, dogs and people by placing illegal snares all over Douglas Island (that are still out there).”
The Trial
Mark David MItchell finally made his court date in early October and the Alaska Wildlife Alliance Southeast Chapter Board attended to witness the outcome. Bear biologist Ryan Scott also attended the trial. Irene Morris, President of the AWA Southeast Chapter reported on the case, outlined below.
There was an announcement right away that the two parties had reached a plea agreement before the trial continued. Mr. Mitchell pleaded guilty to both charges of attempting to trap wolves after season.
The DA and her assistant presented an impressive case with photos of the injured bears and descriptions of the conditions of their discovery by hikers. Mr. Mitchell's attorney tried to present her client as an honest, well-meaning citizen who was vilified by the public after his arrest. The facts were clear and Mr. Mitchell's past deeds (losing his hunting license through abuse of the system) were brought to the attention of the Judge. The Judge emphasized the effect his misdoings made on the Juneau community, noting public presence in the courtroom and the 50 letters and phone calls made to the DA's office concerning this case. Yes…we really did make a difference!
A summary of Mark Mitchell’s sentence:
1. $5000.00 fine with $2500.00 suspended to be paid by 18 months from 10/9/2019.
2. 40 hours community service to be completed by January 31, 2020. The Judge suggested trailwork with ADF&G in hopes that Mr. Mitchell might gain more of an appreciation of the wildlife, etc. aside from hunting or trapping.
3. Three years revocation of hunting or trapping priveleges. He may still fish.
4. Mr. Mitchell must pay restitution of $600 per bear, or $1200, due 18 months from 10/9/3019.
The AWA Southeast board notes that this sentence was the most severe of any wildlife trials they have witnessed. Following the sentencing, the Judge continued to speak to Mr. Mitchell of his irresponsible behavior which hopefully will not continue after his sentence is up.
When asked if he had any words he would like to share with the court, Mr. Mitchell quietly uttered that "he was disturbed about the bears", otherwise showing no remorse except for the fact that he got caught again.
It has been a long and frustrating 17 months but the AWA Southeast Chapter should be proud for staying the course. Thanks to all of you who supported this important case...know that you made a difference and maybe, just maybe the results of this case might bring about change in the hunting/trapping regulations and/or changes in hunting and trapping ethics around poaching violations.
Irene Morris is the volunteer President of Alaska Wildlife Alliance Southeast Chapter.
