
Now, whether or not these are real hunters or actors who got licenses would be fun to debate, but that's not my concern here. Nor am I about to launch into a lecture about the perils of hunters jumping into bed with HSUS, as amusing as that would be.
My concern is a disconnect I see among some hunters - embodied in Measure 2 - and how that can be exploited in the future, both in North Dakota and elsewhere. Follow me here for a little bit: Read more...
My understanding is that Measure 2 was proposed by hunters, and I get the sense that there are a fair number of hunters nationwide - or at least a very vocal group of hunters - who oppose high-fence hunting for deer, elk and exotic species. The biggest complaint is that it's not "fair chase" because the animals can never truly escape, and they're at least semi-domesticated - accustomed to human presence, which stacks the odds against them.
At its most hyperbolic, this loathing centers on an image cited by the hunters in this ad: You look at a bunch of penned animals, you pick one, it's released and you shoot it. That's pretty distasteful, especially coupled with the notion that it's some rich guy paying for a petting-zoo hunt so he can mount a head on his wall and pretend he worked for it. Don't we all hate that guy?
Personally, I've seen only one high-fence ranch, and it's not like that at all. It's 1,000 acres in brutally steep terrain, and you can have a hunt ranging from pretty damn easy to really strenuous. But animals are not released from a pen for your shooting pleasure. And honestly, I have no idea whether the norm is closer to what I've seen or the petting-zoo ranch.
How do I feel about high-fence ranches? First, I kinda have a knee-jerk Libertarian response: If you don't like it, don't do it. With more thought, I'm fine with standards about the size of the land and the treatment of the animals. And I'm definitely OK with all the record-keeping organizations putting an asterisk next to trophies killed inside fences.
The reality is that in our society, we have decided it's OK to kill animals and eat them and mount their heads and whatever else we want to do, and so long as our methods of killing don't cause extended suffering, the rest is window dressing.
But let me get to the meat of it (pun intended): I see precious little difference between high-fence ranches and clubs where you can hunt planted birds, and this is where I see a HUGE disconnect among hunters: Many who oppose high-fence ranches will support planted-bird clubs.
Why do I think they're similar when there's no fence confining the planted birds? Well, because these birds are raised in pens, they have no survival skills and if they're not shot promptly by hunters, chances are they'll be hawk food in days. Hell, these birds have less of a chance of a full and free life than do the animals at high-fence ranches - at least the one I've been to.
And if we're honest, we'll all admit hunters like both types of clubs or ranches for the same reason: For a set investment of time and money, they have much higher odds of success. The only difference is with planted-bird clubs, many hunters need such facilities to keep their hunting dogs happy and sharp. I certainly see a lot of that here in California, where our wild pheasant population is pretty anemic.
Now it's time to tie a bow on this, which requires that we look at the meat of Measure 2:
A person is guilty of a class A misdemeanor if the person obtains fees or other remuneration from another person for the killing or attempted killing of privately-owned big game species or exotic mammals confined in or released from any man-made enclosure designed to prevent escape.
Did you catch that phrase? Or released from. Why, my goodness, this law would apply to clubs that plant pen-raised birds if it weren't for that other phrase: Big game species or exotic mammals.
Folks, do you have any idea what that last phrase is, "big game species or exotic mammals"?
I bet you're familiar with it, because it's election season, and it's a favored whipping boy in American politics.
It's called a loophole. Maybe you thought loopholes looked really creepy or insidious, but I spent ten years covering politics for major newspapers in in three states - Virginia, Minnesota and California - and I can tell you that this is exactly what a loophole looks like. And here's why it matters:
Let's say North Dakota voters pass Measure 2. A couple years down the road, someone - no names named, here - is going to want to get rid of that loophole. Here's how the campaign ads (or testimony before the Legislature) will probably go:
In 2010, North Dakota voters wisely decided to make it illegal to hunt animals raised in or released from pens, but unfortunately, there was a loophole in the law: It applies only to big game species. Why don't other species deserve that same protection? Help us make North Dakota law more humane - extend these protections to all animals.
(Cue the weepy music.)
Perhaps you disdain slippery-slope scenarios, but they are reality in politics. Hey, in California, we legalized medical marijuana in 1996, and on Tuesday, we've got the why-not-legalize-it-all-the-way proposition on our ballot.
Here's the funny thing: I don't have a dog in this fight. I've hunted planted birds, and I'm no longer interested in it because I find the odds unfulfilling. I may do it again if it means a chance to acquire meat we need and keep my shooting sharp, but generally I'm declining these invitations.
Same goes for high fence hunting. I've kinda done it - I hunted pigs in an insecure perimeter of a high-fence ranch (in other words, they could get in and out at will), and I killed a Corsican sheep inside secure boundaries because we were planning a feast and needed more meat. But now, with four years of hunting under my belt, I crave more challenge. I want to know odds are high that I will fail because it makes success all the more sweet.
But I really don't care if other people want to hunt this way, or "shoot," as it's called at some bird clubs to dismiss any illusion of challenge. I don't care that people want and are willing to pay for different levels of challenge.
Personally, I think challenge is a spectrum, and I'm loathe to decide which hunter gets to say, "Anything easier than this is illegal; anything harder than this is OK." Good Lord, what if Tred Barta were calling these shots? Most of us would have empty freezers!
Mostly, I'm bothered by hypocrisy. "It's OK to kill birds this way, but not deer" - as if birds' lives have less value. Or their lives are less valuable because their deaths help keep our dogs sharp.
All I've got to say is this: If you're a North Dakotan, please examine your values closely before you vote; this is no time for a knee-jerk reaction. And if you live in another state, it wouldn't hurt to do the same honest self-assessment. You never know when something like this will appear on your ballot.
All right, now. You know how I feel.

UPDATE:North Dakota voters gave Measure 2 the smackdown last night - it lost 43 percent to 57 percent.
© Holly A. Heyser 2010