08:47 PM PDT on Wednesday, June 9, 2004

By LINDA BYRON / KING 5 News

SEATTLE – Eight years ago, voters passed an initiative making it illegal to hunt bears using bait or dogs. Now that law may be in jeopardy.

A district court judge in Jefferson County says it's unconstitutional.

Does this mean it is once again legal to hunt bear using bait and hound?

The Department of Fish and Wildlife says no. This ruling comes from a district court with limited jurisdiction, but they do admit it will make prosecuting these cases much harder.

KING The charges against ten bear baiters were dropped this week after a district court judge in Jefferson County ruled a statewide law to be unconstitutional.

Game wardens say poaching is rampant in Washington's forests and some hunters boldly set out bait to lure in bears, then shooting them at close range.

"We find bear bait sites constantly," said Capt. Jay Webster, U.S. Forest Service. "It's a big problem… even though it's illegal. It's very effective."

Voters outlawed bear bait 8 years ago, also making it illegal to hunt bear and cougar with dogs.

Near Quinault last fall, officers raided a camp of about a dozen hunters, charging ten of them with bear baiting: Thomas Durham, James Durham, Christina Stannard, John West, Douglas Klamm, John Speleers, Burgess Drake, Craig Stevenson, Cory Johnson and Dale Steinhauer.

The accused ring leader, Tom Durham, denied doing anything wrong, and the charges against him and the others were dropped this week after a district court judge in Jefferson County ruled the initiative to be unconstitutional.

"What's wrong with it is, it refers to both baiting bears, hunting bears with bait, and also tracking cougars with dogs or hunting cougars with dogs," said defense attorney Linda Callahan. "And that in itself is two subjects, so it violates the rule."

"Well, certainly in Jefferson County, I don't think the prosecutor will file any more cases," said defense attorney John Stanislay. "What it means outside of Jefferson County at this point I'm not sure."

KING 5 asked: "But if you were a defense attorney in a neighboring county with one of these cases, wouldn't you make this argument now?"

"I definitely would make the argument, but I would not advise my client to go hunting with bait," said Stanislay.

The state Department of Fish and Wildlife says it's disappointed at the ruling.

"We're going to continue to enforce it. It's a statewide law," said Chief Bruce Bjork, Washington Dept. Fish & Wildlife. "This is a district court decision in Jefferson County specific, so we'll continue to enforce it statewide."

But the prosecutor in Jefferson County who handled the case said he will not prosecute bear baiting cases if they are brought in because he believes the court ruling is clear and he does not intend to appeal.

Supporters of the initiative are calling the judge's ruling outrageous saying that 63 percent of the voters wanted to ban bear bait hunting as well as hunting with hounds, and they are hoping the state will appeal eventually.

The Attorney General's Office is still deciding whether to appeal the ruling. Bear hunting season opens August 1.