Home Forums Hunting & Shooting Hunter's Campfire Judge blocks 2021 Wisconsin Wolf hunt

https://www.courthousenews.com/judge-temporarily-halts-upcoming-wisconsin-wolf-hunt/

Judge temporarily halts upcoming Wisconsin wolf hunt
No hunting and trapping tags or licenses can be issued and no gray wolves can be harvested in Wisconsin until the state natural resources department lawfully plans the season.

JOE KELLY / October 22, 2021

MADISON, Wis. (CN) — A Wisconsin judge on Friday effectively cancelled the state’s upcoming gray wolf hunting and trapping season because the agency in charge of planning it did not do so according to state law and the state Constitution, blocking the hunt two weeks before it was set to begin.

Wildlife advocates sued the Wisconsin Department of Natural Resources and others in August in an attempt to stop the fall wolf hunt set to begin on Nov. 6, in part because the DNR did not follow the law or sound science in planning it. The groups asked the court to prevent any hunting licenses from being issued, stop the fall hunt entirely and enjoin the Wisconsin law enacted in 2012 allowing for the hunt in the first place.

Dane County Circuit Court Judge Jacob Frost stopped short of declaring the wolf hunt law unconstitutional, but he found that the DNR did not apply the law constitutionally because it laid out plans for the hunt without undergoing the oversight of statutory rulemaking procedures and without a permanent wolf hunt rule or an overall wolf management plan being in place, meaning “[DNR’s] decisions are built on a faulty basis.”

The judge granted the petitioners’ their temporary injunction and required the DNR to set the kill quota for the wolf hunt at zero for all six hunting zones and issue zero licenses or tags until the agency complies with the law, meaning there is still technically an open wolf season but no animals can be legally harvested until those conditions are met.

Frost stressed the need to preserve the status quo, saying “the status quo as I see it is applying the law…so my injunction aims to do that by righting the course. DNR is currently not following the law and not following the Constitution.”

A big part of the problem for Frost was that when the Wisconsin wolf hunt law was enacted nine years ago, it required the DNR to make a permanent rule for holding a wolf season to replace an emergency rule put in place the year the law was enacted. The agency never did that, instead proposing a permanent rule in 2014 before withdrawing it two years later and never getting back to the issue since.

Frost called it “absurd” to say it’s okay to plan a wolf hunt for this fall based on a nine-year-old emergency rule that was never replaced with a permanent one.

“You can’t just start the process, drop the ball and say you followed this expectation,” Frost said.

Frost also found the DNR’s actions violated the non-delegation doctrine of the Wisconsin Constitution in that it betrays that doctrine’s separation-of-powers guarantee because its plans for the kill quota, licensing, zoning and other matters were not subject to any oversight, in part via rulemaking procedures dictated by state law.

The judge relied heavily on a Wisconsin Supreme Court decision from May of 2020, in which the high court struck down the state Department of Health Services secretary’s Covid-19 lockdown order because she did not submit the order to rulemaking procedures and get lawmakers’ approval. Frost reasoned that the same rationale for oversight of bureaucratic decisions that applied to Covid-19 applies to the wolf hunt.

“Even in light of something as serious as [the coronavirus pandemic], the supreme court said rulemaking still has to happen, oversight still has to happen…why wouldn’t that same level of oversight be required for this wolf hunt?” he said.

Frost argued that while those opposed to the hunt would be harmed by the DNR acting without such oversight, those in favor of the hunt could also be harmed by its broad, unchecked authority by setting the kill quota at zero or closing hunting zones at the exact same time they are opened.

The irreparable harms the judge considered included the infringement of constitutional rights and the loss of life of animals based on an outdated wolf management plan that was last updated in 2007. He said his temporary injunction can end when a wolf management plan is put in place or when the DNR’s plans for the hunt undergo the scrutiny of lawmakers.

Frost denied a motion for a stay of his injunction pending appeal from DNR’s counsel and Assistant Attorney General Hannah Jurss, who characterized Frost’s injunction as “unquestionably a dramatic decision.”

Neither the DNR nor state hunters will suffer irreparable harm from the injunction, said Frost, who did not think there was a good chance of success in overturning his order on appeal and offered that there still could be a hunt this year, as the season technically runs from November through February and “the ball is in DNR’s court as to how fast some of these things move.”

A real harm that could result from carrying out a wolf season under the current plans would be in the form of the loss of animal life through an illegal hunt, Frost said.

“Once the wolves are dead…that’s an irreparable harm,” he said. “We can’t just go to Walmart and get new wolves.”

Wolf hunting in Wisconsin has been in the spotlight since a hurried hunt in February during the animal's breeding season exceeded its kill quota in less than three days and garnered bad press nationally. A DNR policy board made waves in August when it set the fall kill quota at 300 for an unprecedented second hunt in a calendar year.

But the DNR — whose leadership has been in a simmering political fight with leading members of the board — scaled that back earlier this month with a quota of 130 and a plan to issue 370 licenses for state hunters to harvest a total of 74 wolves, since state Chippewa tribes’ treaty rights entitle them to their own portion of the wolves.

Six of those Chippewa tribes sued in a Madison federal court in September to stop the fall wolf hunt. The tribes, who view the wolf as a brother held in high esteem, traditionally sit on their portion of the quota and do not kill any.

A DNR spokesperson did not immediately respond to a request for comment on Frost's ruling Friday evening.

The fugking Indians should be sued for every livestock harmed. If they are casino type they can afford it. If the are MT type (methed out, drunk, welfare recipients) maybe not so much.

When they get hungry enough to come begging, feed em wolf meat.

Just haven't spent enough money on it yet.

I wonder if the judge is a wolf lover , or he saw a real problem and wants it solved to steer away from future trouble.

Since tens of thousands of illegals are breaking our laws by coming in illegally with no enforcement I wonder what wound happen if the following occurred: Get a few hundred maybe a thousand WI folks to defy this commie judge and hold organized wolf hunts throughout the Northwoods of WI for a few days. I bet the Commie Bureaucratic WI People’s Republic would Marshall and gear up for WW3 against these folks probably also call in the feds. Hopefully most WI hunters treat any wolf seen as a target and leave it where it is and keep their mouths shut.

The WI Indians and their Casinos are laughing everyday at how they are screwing us “Palefaces”.

The article says the WI DNR didn't follow the law when they authorized the season. Is that true? If they violated the law then he's right in halting it until the law is followed. After reading the article, it appears the DNR needs to get their crap together and do it right. I can't see from this that the judge is anti hunting or pro wolf. He's ruling on the legality of what the DNR is doing.

Well I will stick my.02 in cents I live in Wisconsin. It sounds like SSS is the best scenario for wolves anywhere they are above the agreed upon number which I believe is 350 in Wisconsin. If I bow hunted in the northern half of Wisconsin. I would carry a 22 rifle with a suppressor and shoot squirrels:) You know what I am saying?

Could be à revenue source for the state and cut down on the deer, Moose, and livestock damage. Instead locals will shoot them and leave em.

I don’t think you can carry a firearm while bow hunting in WI. Not 100% sure though. Maybe CCP holders can carry a sidearm though. One thing for sure about WI...........It’s a red tape regulated tax hell bureaucracy that’s very restrictive.

Foolishness. I wonder if the Wisconsin folks know you don’t have to kill wolves which is illegal, but if they get a bloody wound of any sort the rest of the pack will finish things.
At least that’s what I’ve heard…….

Osky

As a lifelong resident of wesucksin i fucqi'n knew this bullshidt was comi'n!

Ha! But California's ban on lead ammunition holds despite the admitted farcical "research" that led to it.

The new head of the DNR has most likely never hunted, fished or been in the woods in his life! He was appointed by liberal governor Evers and he wouldn't have to wear camo or face paint if he went night hunting!

Just sold my deer camp in Michigans UP made a great profit and let some other sucker deal with the out of control wolf population.....during the winter I would feed over 100 deer in the early 2000's would have deer 24-7 around the house last year there were 11 deer and would only come when they hear the feeder go off.....maybe see a couple wolf tracks all winter before 2000 now they would walk in the backyard in the middle of the day a threat to my dogs and myself....

Not only have the wolves destroyed the whitetail population any animal living in the woods population has dropped dramatically.....the woods are becoming silent because of the wolf....

It's a shame that Judge's that don't have any idea about animal population control get to be the ruler of them.....

A Wolf is kinda like a Mountain lion.....

If I ever cross paths with either one I'm going to shoot its azz then keep my mouth shut about it.

Exactly the same here in northern Minnesota. They wiped out the moose first then decimated the deer herd.
They do the heaviest damage in spring when moose calves and fawns are born with the entire pack hunting to feed young wolf pups. Not a lot of meat on moose and deer newborns. In the early winter majority of wolf kills we find are bucks killed from being worn down by the rut. Add in spring bear predation and bobcats and it’s tough having hooves in Northern MN these days.
By having a hunting season it puts the fear of man back in the wolves thus getting them back to primarily night hunting. Gives ungulates the daylight to eat, move and get bedded down, harder for wolves to find at night. Knock out 1/3 of the unhampered prime hunting hours and it will make a difference.
I know the packs are close when the few deer around me move very close into the place, they will bed right up against the buildings.
Wolves here I see often out and about in daylight, full packs crossing the lake in front.
Wasn’t this way 20 plus years ago, things were more balanced then.
You Wisconsin folks will see a crash in your deer herds if it’s not already happening. An apex predator out of control is not a good thing.
Osky

Osky , yes, the deer numbers started crashing about 2009. To make matters worse, we had a really bad winter in 2003 to 2004. I never saw anything like that. I walked along the edges of clear cuts and it was not even browsed.

It is hard to imagine for people how bad a wolf is. When they get over populated, everything yes scarce. I even see a very real reduction in red squirrels, grouse and even turkeys seem down . I call northern Wis. An ecological desert and it is likely the worst where my cabin is. I will hunt there this year again unless my son decides he doesnt want to go. I will be heart broken, but on the other hand, I will be happy and relieved cause I all hunt 5 miles from my house and see 20 hunters , but I will at least see deer.

I hook em..
We have had terrible winters as well. Back in the early 70’s was terrible, after that we’re more bad winters where sometimes deer season was closed a year or two to help the deer come back.
It always amazed me back then how fast white tails COULD come back, much the way they do in certain areas of the west after blue tongue sweeps thru.
Sadly with an overpopulation of wolves in the mix there hasn’t been nor will there be any coming back for the white tails.

Osky