WI DNR statement and Op-Ed: Tribes do not have authority to hunt deer at night in Ceded Territory

DNR Secretary Cathy Stepp’s statement on confirmation GLIFWC has issued order allowing night hunting of deer in Ceded Territory

“We have been informed the Great Lakes Indian Fish and Wildlife Commission plans to allow Chippewa Tribal night hunting for deer in the Ceded Territory (roughly the northern third of the state) starting Nov. 26. DNR does not approve of this action and the state will file suit today (Wednesday) seeking a federal court order requiring the Tribes to comply with the court’s prohibition on deer shining and confirming the State’s right to enforce the state shining law against Tribal hunters in the Ceded Territory.
“We have concerns about the short amount of time to notify the public, the circumvention of court oversight and past rulings on night hunting for deer, and public safety.
“We have also requested that the Tribes refrain from shining deer until this matter can be settled in court. Should Tribal members refuse, it is important for the public to know that night hunting of deer could take place on public lands in the Ceded Territory starting Nov. 26, and proper precautions should be taken if outdoor recreating.”
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Op-Ed: State opposed to Tribal shining

by Cathy Stepp, Secretary, Wisconsin Department of Natural Resources
You may have heard about potential shining – or night hunting of deer – by Tribal members in the Ceded Territory (roughly the northern third of Wisconsin). I want to give you an overview from the State’s perspective.
DNR does not approve of this action and does not believe it is within the authority of the Great Lakes Indian Fish and Wildlife Commission. Working in conjunction with the Wisconsin Department of Justice, the State filed suit Wednesday seeking a federal court order requiring the Tribes to comply with the court’s prohibition on deer shining and confirming the State’s right to enforce the State shining law against Tribal hunters in the Ceded Territory, roughly the northern third of the state.
Why?
We have concerns about the short amount of time to notify the public, the circumvention of court oversight and past rulings on night hunting for deer, and public safety.
We understand that the Tribes contend they should be allowed to hunt deer at night because a recently adopted state law permits the night hunting of wolves. We believe that this is essentially the same argument the Tribes unsuccessfully asserted in federal court in the 1989 “deer trial” when they argued that State’s provision for night hunting coyotes should allow them to hunt deer at night. After a week-long trial, the court concluded that deer shining was much more dangerous to public safety than the nighttime hunting of predators like coyotes, and so Judge Barbara Crabb rejected the tribes’ challenge to the State’s deer shining law. We believe that the State’s legalization of night hunting of wolves, another predator species, changes nothing in this respect.
Importantly, even if it were legal for the Tribes to hunt deer at night – which we believe it is not – we believe GLIFWC acted with too little notice and too little consultation with the State. We have not been able to discuss many safety aspects. And we need time to be sure that people using public lands with no expectation of night deer hunting are aware of any such changes. The GLIFWC order would have night hunting of deer start Nov. 26.
DNR has diligently and in good faith implemented numerous enhanced Tribal resource harvesting opportunities, including updating and increasing harvest limits for Tribal harvest of a host of species; honoring self-regulation for gathering forest products on State lands; agreeing to alternative monitoring of walleye harvest to save creel clerk expenses; youth hunt mentoring; improving mapping of the Ceded Territory in Wisconsin; and responsive and flexible state park hunting opportunities mechanism – all of which have operated almost exclusively for the Tribes’ benefit. I’m proud of that record, and I believe our actions of the past give us strong credibility is addressing this issue.
I contacted GLFWC Executive Administrator Jim Zorn and the Tribal Chairs and respectfully asked the Tribes to refrain from implementing night deer hunting. And I asked that Tribal members not go out shining until the federal court rules on our motion.
I assured Administrator Zorn of our continuing commitment to the court-approved process for negotiating changes to our past agreements on regulatory matters. I let him know we are hopeful this does not put the Tribes and state with odds with each other.
But I also informed him that it is DNR’s job to honor court decisions and directives, and to enforce the laws that are in place at this time, and we will do so. In the meantime, I ask that all of us – Tribal members, governmental agencies, and the public – work together to manage court-affirmed hunting and gathering rights in a safe and legal manner.

Wisconsin: Antlerless gun deer hunt in CWD zone October 13-16

MADISON – In a return to a more traditional statewide deer season structure, only deer management units in the chronic wasting disease management zone (CWD-MZ) will have a four-day October antlerless deer only gun hunt in 2011.

The Oct 13-16 antlerless deer only gun hunt will take place in the following CWD deer management units: 54B-CWD, 70-CWD, 70A-CWD, 70B-CWD, 70E-CWD, 70G-CWD, 71-CWD, 73B-CWD, 73E-CWD, 75A-CWD, 75C-CWD, 75D-CWD, 76-CWD, 76A-CWD, 76M-CWD, 77A-CWD, 77B-CWD, and 77C-CWD.

State park CWD management zone units 70C-CWD, 70D-CWD, 70F-CWD, 75B-CWD require special access permits and have different hunting hours. Hunters should contact individual parks for permits, maps and instructions. Additional information on state park CWD management zone hunting seasons can be found on pg. 46 of the 2011 Wisconsin Deer Hunting Regulations.

For complete rules and regulations involving this hunt consult the 2011 Wisconsin Deer Hunting Regulations which is available in hard copy from license sales agents or online.

“Hunters in the CWD management zone and elsewhere are likely noticing billboards, television and print adds with a new slogan,” said Tami Ryan, of the DNR’s wildlife health unit.

“‘Hunt, Harvest, Help’ is something all hunters can participate in but it is especially relevant to the CWD zone. ‘Hunting’ is the fun part; it’s the family and friends and time in nature that brought many of us to this pastime as youngsters. ‘Harvest’ is for yourself and your family and friends but also for others; consider providing additional deer to the needy through the venison donation program. Finally, there is ‘Help’. Helping others by providing high quality food is one way but hunting also is the most effective, efficient and best wildlife management activity available. Consider your role as a hunter and what you can do to help contain CWD and prevent its spread to new areas.”

Wisconsin: Time is running out to register for hunter education courses

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MADISON – Time is running out for hunters planning to hunt this fall who are required to have but have not yet completed a hunter education course. Most hunter education courses are run from June through September, with only a smattering of courses offered later in the year.

“Nearly all of the volunteer hunter education instructors are hunters themselves and enjoy hunting in the fall,” says Tim Lawhern, Department of Natural Resources enforcement and science division administrator, who previously served as the state’s hunting education administrator. “The hunter education program offers about 1,200 courses every year, but very few of them are offered after September.”

Every year DNR offices receive calls two weeks before the gun-deer season with hunter-hopefuls looking to fulfill the mandatory hunter education course. “More than 99 percent of our courses have already been offered by that time,” he says.

Anyone born on or after Jan.1, 1973, must have completed a hunter education course and show the certificate to purchase any hunting license in Wisconsin. Also, recreational safety students are required to obtain a Wisconsin DNR Customer ID Number before the completion of any recreational safety class and must provide that Customer ID Number to the instructor. Information on obtaining a DNR customer ID number is available on the DNR website.

To find a course, visit the Department of Natural Resources website. Look under the heading of Recreational Safety Course – Upcoming Classes. If unsuccessful, check back as courses are added to the listing as instructors alert the DNR.

Hunter education courses will not be altered by conceal carry law

Although the hunter education course is one of the options designed to meet the training requirement of the conceal carry law, this fall's hunter safety courses will continue their tradition of focusing on teaching the fundamentals of hunter safety. There are many other options to obtain firearms training to qualify for a concealed carry license.

The concealed carry law also does not change shining regulations. A person with a license to carry a concealed weapon is not allowed to possess any firearm, including a handgun, while shining wild animals.

The law will have some affect on rules over possession of firearms on DNR lands in certain counties, state forests and recreational areas.

On DNR lands within state parks, state fish hatcheries or wildlife refuge areas, individuals with a concealed carry license as well as qualified former law enforcement officers possessing proper ID and firearm certificate can possess loaded and uncased handguns.

Effective Nov. 1, 2011, a person with a concealed carry license may also possess a loaded uncased handgun (concealed or unconcealed) on certain other state properties such as some state wildlife areas and dog training areas, even if not engaged in hunting, dog training or a dog trial. More details on concealed carry on DNR properties is available on the DNR website.

Wisconsin Department of Justice to issue conceal carry licenses

Applications for a license to carry a concealed weapon must be obtain from and submit to the Wisconsin Department of Justice and will not be available until Nov. 1, 2011 when the new laws and license take effect. To qualify for a concealed carry license a person must be at least age 21, a Wisconsin resident and not prohibited from possessing a firearm. More information about laws related to carrying a concealed weapon, or about getting and submitting an application for a license is available on the DOJ website (exit DNR). DOJ has also developed an extensive “Frequently Asked Questions” (pdf; exit DNR) publication on concealed carry that is also available on their website.

More information on how the new concealed carry law changes affect hunters, trappers, recreational vehicle operators is available on the DNR website.

FOR MORE INFORMATION CONTACT: Tim Lawhern (608) 266-1317