Moose (Photo credit: Travis S.) |
After investigation of the statements of the party and a review of applicable law, the National Park Service has determined that no prosecution will be recommended to the Office of the United States Attorney.
The discharge of the firearm in the park is a violation of both 36 CFR 2.3(a)(1)(iii) and 2.2(a)(1) – using a weapon and taking of wildlife. Sirvid stated that he shot the moose to defend the lives of the children, and nothing found in the investigation contradicted that statement. While there is not a “defense of life” provision in the federal laws governing national parks, under Alaska State law this incident would be deemed a justifiable defense of life and not be charged as an offense. National Park Service wildlife biologists are actively following up on leads regarding two apparently orphaned moose calves that have been seen regularly in the area since the shooting. If the calves are located, the National Park Service will work with the Alaska Moose Federation to capture them and transfer them to a wildlife rehabilitation facility.
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