http://www.jsonline.com/sports/outdoors/lawsuit-seeks-to-stop-wolf-hunting-season-9s6e2k0-165528146.htmlCiting "state-sanctioned" animal fighting and violations of the state's animal cruelty law, a lawsuit was filed Wednesday in an effort to stop the wolf hunting and trapping season scheduled to begin this fall in Wisconsin.
The action was filed in Dane County Circuit Court against the Wisconsin Department of Natural Resources and Natural Resources Board. At its heart: state rules authorizing the use of dogs to hunt wolves.
"A broad range of Wisconsin citizens oppose the rules established for this season," said Jodi Habush Sinykin, an attorney for HS Law in Milwaukee who is among those representing the plaintiffs. "From hunters to landowners, ecologists to volunteer trackers and community humane societies, there is strong agreement that the season was set up without the restrictions needed to prevent deadly animal fighting."
Plaintiffs include the Wisconsin Federated Humane Societies, Dane County Humane Society, Wisconsin Humane Society, Fox Valley Humane Association, Northwood Alliance, National Wolfwatcher Coalition, Jayne and Michael Belsky and Donna Onstott.
The wolf was removed from protections of the federal Endangered Species Act and returned to state management in January. Wisconsin had 815 to 880 wolves in 213 packs at the end of winter, according to the DNR. The recovery goal was 350 wolves.
The legislature passed and Gov. Scott Walker signed Act 169 in April. The legislation established rules for the planned wolf hunting and trapping season, including a season from Oct. 15 to the end of February; hunting at night; hunting with bait; and hunting with the use of dogs.
That last provision has attracted the most opposition and triggered the lawsuit. Wisconsin is the only state to authorize the use of dogs to hunt wolves.
Several acknowledged wolf experts in Wisconsin, including retired DNR managers Dick Thiel and Randy Jurewicz as well as University of Wisconsin researcher Adrian Treves, filed statements warning against the use of dogs to hunt wolves.
In written testimony, Thiel said wolves would regard dog packs as a threat.
"Attacks will be swift and furious," wrote Thiel, former manager of the Wisconsin wolf program. "Dogs will be seriously injured and die, and wolves will be injured and die as they both fight by slashing out."
David Clausen, National Resources Board chairman, and Kurt Thiede, administrator of the DNR's Land Division, said Wednesday they had not reviewed the suit and refrained from comment.
The prospect of a public wolf harvest in Wisconsin has drawn strong reaction from all corners of Wisconsin culture and citizenry, including farmers who have suffered livestock depredation and American Indian tribes who consider the wolf a clan member.
Although there wasn't uniform agreement on the rules established by the Legislature, many state hunting and conservation organizations supported the concept of a hunting and trapping season to manage the burgeoning population of wolves in Wisconsin.
Supporters included the Wisconsin Bear Hunters Association, which had a leading role in drafting the legislation, as well as the Wisconsin Conservation Congress and the Wisconsin Wildlife Federation.
"We're not surprised a lawsuit was filed," said George Meyer, executive director of the Wisconsin Wildlife Federation and former DNR secretary. "It's interesting that it doesn't challenge the delisting but focuses on a form of hunting."
Lawsuits filed in federal court twice had resulted in returning the wolf to protections of the federal Endangered Species Act in the last decade. As the wolf population increased in Wisconsin and regionally, the U.S. Fish and Wildlife Service had sought to remove those protections.
Meyer said Chapter 29 of Wisconsin Statutes provides protection to hunting, fishing and trapping from lawsuits that claim the activities are "inhumane."
"The language was put there to prevent this type of lawsuit," said Meyer, also a lawyer. "It will be interesting to see how the judge rules on it."
Meyer said a judge could stop the entire season, could rule to prohibit the use of dogs but allow the other aspects of the season to proceed or rule that the lawsuit is without merit and allow the entire season to proceed.
According to Sinykin, the plaintiffs allege that the wolf hunting rules violate state law because they allow cruelty to animals by failing to include reasonable restrictions on the training and use of dogs to hunt wolves. In addition, she said, the plaintiffs believe that the rules violate Act 169's express directive that dogs be used to "track or trail" wolves because the rules don't include reasonable restrictions to prevent dogs from directly encountering wolves.
Sinykin said the action was filed to prevent the state from issuing wolf licenses before September.
The DNR is selling wolf permit applications through the end of August. Nearly 8,000 had been sold through Wednesday morning. The applications cost $10. Hunting and trapping licenses were set by the Legislature at $100 for Wisconsin residents and $500 for non-residents.
The DNR plans to issue licenses by lottery in September. The Natural Resources Board approved the DNR's request for a harvest quota of 201 wolves during the season.
The number of permits available, however, won't be known until American Indian tribes make their declarations. By law, the tribes are entitled to declare 50% of the quota in the ceded territory.
In addition to Sinykin, attorneys Robert Habush of Habush, Habush & Rottier and Carl Sinderbrand of Axley Brynelson are representing the plaintiffs.
The case was assigned at random to judge Peter C. Anderson. A preliminary hearing was set for Aug. 29 in Madison.
