Yet another grizzly attack in Montana

Joined
Nov 19, 2017
Messages
92
Location
Idaho
The article states MFWP is still investigating. Since he actually shot the bear while he was in the tree, I have a feeling they may very well fine him for the shooting?
 

GSPHUNTER

WKR
Joined
Jun 30, 2020
Messages
4,388
Article did not say if the bear was attempting to climb the tree, which they can easily do. If so, then he was well within his right to shoot the bear. If the bear made no attempt to climb the tree, that's a different story. I'm not sure the MFWP or USFWS will be able to prove it one way or the other without an eye witness. Following.
 
Joined
Oct 14, 2023
Messages
1,314
Location
Houston (adjacent) TX
Article did not say if the bear was attempting to climb the tree, which they can easily do. If so, then he was well within his right to shoot the bear. If the bear made no attempt to climb the tree, that's a different story. I'm not sure the MFWP or USFWS will be able to prove it one way or the other without an eye witness. Following.
The cubs will come forward and ask why the mother was shot while not doing anything. . .
 

elkguide

WKR
Joined
Jan 26, 2016
Messages
4,747
Location
Vermont
Article did not say if the bear was attempting to climb the tree, which they can easily do. If so, then he was well within his right to shoot the bear. If the bear made no attempt to climb the tree, that's a different story. I'm not sure the MFWP or USFWS will be able to prove it one way or the other without an eye witness. Following.
Mature grizz can't climb a tree. He's in trouble.
 

finner

Lil-Rokslider
Joined
Feb 14, 2019
Messages
232
In order for someone to be convicted of knowingly taking an endangered species the government must prove beyond a reasonable doubt, that: (1) the defendant knowingly killed the animal; (2) the animal was endangered; (3) the defendant had no permit to kill the animal; and (4) the defendant did not act in self-defense or defense of others.

9th Circuit has held that the last element is a subjective standard, not an objectively reasonably standard. Did he fear for his life when there was a pissed off sow underneath his tree? Probably. Did he have ultimate faith that "adult grizz cannot climb trees"? Probably not. USFWS will drag him over the coals but my guess is he'll be fine.
 

Attachments

  • IMG_8056ca-fin_Web.jpg
    IMG_8056ca-fin_Web.jpg
    269.4 KB · Views: 33

GSPHUNTER

WKR
Joined
Jun 30, 2020
Messages
4,388
Yeah... a quick search of the interwebs and there's plenty of documented adult griz up trees.
Thanks, now I don't have to show the results of my search, which stated yes grizzlies can most certainly climb trees. I look it up because, I did not know one way or the other.
 

CMF

WKR
Joined
May 8, 2019
Messages
799
Location
Mississippi
If one puts me up a tree and it ain't running off, I'd be shooting too. Seems like pretty reasonable self defense if he's already up a tree.
 

TaperPin

WKR
Joined
Jul 12, 2023
Messages
2,971
Even guys in Wyoming give me crap for changing how I hunt in griz territory - going around areas with poor visibility, and doing what I can to avoid bumping into bears at close range. It’s impossible to avoid all potentially dangerous situations.

It made me grin imagining some dude climing a pine tree with rifle slung on his shoulder! Lol. Climbing a tree has never been on my radar - clumsy at best, and most of our trees don’t have limbs very conducive to climbing. If it happened in Wyo I’d wonder if it was a bs story told to make his actions seem more believable.

If he had time to climb up out of bear range he was a distance away from the bear, or she would have simply grabbed him by the underwear and pulled him off the tree. Too bad all around.
 

TaperPin

WKR
Joined
Jul 12, 2023
Messages
2,971
I just remembered a story out of Yellowstone years ago - a couple of teenage bears ran a guy up a tree. He stayed there quite a while and the bears left. When he came down the bears ran into the guy again further down the trail. My memory can’t recall what happened next.

As we speak, there’s a Rokslider practicing climbing a tree and shooting at the target near the base of the tree one handed. Lol
 
Top