Wisconsin Hunters Rights Coalition Releases its Postion Statement on EAB

As I mentioned in my post "Legal Help for Hunters: Its about Time," Wisconsin Hunters Rights' Coalition and the Wisconsin Chapters of Safari Club International retained Michael Best & Friedrich law firm to help with eliminiting the Earn-a-Buck or "anterless only" seasons.

Courtesy of Michael Best & Friedrich, below you will find the Wiconsin Hunters Rights Coalitions' Position Statement on why the Wisconsin Legislature should eliminate the Earn-a-Buck and "anterless only" seasons.


Wisconsin Hunters Rights Coalition
POSITION STATEMENT

The Wisconsin Legislature should permanently eliminate “earn-a-buck” and October “antlerlessonly” deer hunting seasons in Wisconsin because:

1) “Earn-a-buck” and October “antlerless-only” deer hunting seasons remain enormously unpopular with Wisconsin’s 650,000 plus deer hunters and threaten Wisconsin’s strong deer hunting traditions and heritage.

2) The Department originally represented that the “earn-a-buck” and October “antlerless-only” deer hunting seasons would be “temporary.”

3) Wisconsin’s deer population can be effectively managed through the issuance of appropriate numbers of antlerless and bonus deer permits pursuant to Wisconsin Administrative Code section NR 10.104. The use of antlerless and bonus deer permits represents a reasonable and less restrictive means to achieve appropriate deer management objectives.

4) The Department’s deer population “estimates” are flawed and do not justify mandating the use of “earn-a-buck” and “antlerless-only” hunting seasons.

A. A 2006 audit confirmed that the Department’s population estimates at the “deer management unit” level are unrealistic and inaccurate.

B. The manner in which the Department uses the “sex-age-kill” model for calculating deer population estimates results in an estimate that is only “within +/- 121.9% of the true [deer] population level, 95% of the time.”

C. Contrary to the Department’s estimates, trends in vehicle collision reports, buck harvest data, and hunters’ observations show that the deer population in Wisconsin is declining and not increasing.

5) The “earn-a-buck” and “antlerless-only” deer hunting seasons are fundamentally incompatible with the “sex-age-kill” model that the Department is required to use to calculate deer population densities because these hunting seasons alter the buck harvest rate (which is a key variable of the model) thereby biasing population “estimates.”

6) The “earn-a-buck” and “antlerless-only” deer hunting seasons have contributed to the
Department significantly overestimating the size of the deer population in Wisconsin.

7) The Department has established “deer population goals” for the “deer management units” described in Wisconsin Administrative Code Section NR 10.104 (4) that are below levels necessary to meet reasonable social, economic, and ecosystem management objectives. The Department’s population goal for the entire state is approximately 739,000 deer, which represents one deer per 47 acres of land. This goal is well below the biological carrying capacity of the land and antithetical to “good hunting.”

8) “Earn-a-buck” and “antlerless-only” deer hunting seasons are inconsistent with or otherwise violate Article 1, Section 26 of the Wisconsin Constitution; Chapter 29 of the Wisconsin Statutes; and Chapters NR 1 and 10 of the Administrative Code.

A. The seasons unreasonably infringe upon freedom of choice by hunters by requiring hunters to “kill” a deer that they would not otherwise shoot as a prerequisite to exercising their constitutionally protected right to “hunt.”

B. “Earn-a-buck” and “antlerless-only” deer hunting seasons are inconsistent with the Department’s obligation under Chapter 29 of the Wisconsin Statutes to promulgate rules that ensure the citizens of the state continued opportunities for “good hunting.”

C. Chapter 29 of the Wisconsin Statutes expressly condones the use of “hunter’s choice deer hunting permit[s]” and “bonus deer hunting permits” to achieve appropriate deer management objectives.

D. Wisconsin Administrative Code Section NR 10.104 (5) mandates that the Department utilize a “sex-age-kill” model to “annually calculate an estimate of the overwinter deer population for each deer management unit.” Recognizing that a “sex-age-kill” model cannot reasonably be used in “earn-a-buck” deer management units, the Department has employed the use of nauthorized methods of “estimating” the deer population in these units.

9) The “earn-a-buck” and “antlerless-only” deer hunting seasons negatively impact the economic benefits of deer hunting in Wisconsin by reducing hunter participation and generating unnecessary ill-will towards the Department.

10) The unintended long-term consequences of “earn-a buck” and “antlerless-only” deer
hunting seasons are revealed in chronic wasting disease (“CWD”) deer management units. Ironically, the Department itself estimates that the deer population has increased 82% since 2002 in CWD units (the opposite of the Department’s objective), because landowners and hunters have rejected the Department’s management approach.

WDNR News Release - DNR recommends one year moratorium on Earn-a-Buck program outside Chronic Wasting Disease zones

DNR recommends one year moratorium on Earn-a-Buck program outside Chronic Wasting Disease zones
News Release Published: April 9, 2009 by the Central Office
Contact(s): Tom Hauge, Wildlife Management Director, (608) 266-2193Mark Aquino, Acting Lands Deputy Administrator (608) 267-7472

MADISON – Wisconsin Department of Natural Resources (DNR) Secretary Matt Frank today announced the department will recommend a one-year moratorium on the Earn-a-Buck program outside of the Chronic Wasting Disease (CWD) zone for the 2009 deer hunt.

Additionally, DNR is recommending 40 deer management units Recommended 2009 Deer Season Structure that had the October antlerless hunt last year (without Earn-a-Buck) will now have a regular hunting season for 2009.

Complete text of the proposal going to the Natural Resources Board for consideration on April 22 is now available.

“Deer hunting is a rich tradition in Wisconsin, and the DNR takes our role in protecting this important part of our heritage very seriously,” Secretary Frank said. “In light of the recommendation from the Wisconsin Conservation Congress, and the concerns of hunters expressed at annual DMU (deer management unit) meetings across the state and two legislative hearings sponsored by Sen. Holperin and Rep. Hraychuck, the DNR is recommending a one year moratorium on the use of Earn-a-Buck in DMUs outside of the CWD zone for the 2009 hunting season. Retaining Earn-a-Buck within the CWD zone maintains our commitment to controlling the spread of CWD by reducing local deer populations.”

The Conservation Congress Big Game Study Committee reviewed the department’s deer season proposal. The committee recommended a one year moratorium on Earn-a-Buck (except in CWD zones) and that all recommended Earn-a-Buck units be changed to Herd Control (October hunt) units. The Big Game Study Committee was clear that if, during this moratorium, the deer herd increased, Earn-a-Buck would return in 2010.

“We made additional efforts this year to gather hunter and public input,” Secretary Frank said. “We expanded our information collection methods to include over 40 public meetings around the state and more than twice as many people attended herd status meetings this year than last. For the first time, we offered an online survey, which was completed by over 6,000 people.”
Hunter frustration with the fall 2008 hunt was particularly pronounced this year, aggravating fundamental concerns with Earn-a-Buck. These final recommendations reflect feedback received from the Conservation Congress, the DNR’s herd status meetings and the new online survey.

Deer populations were lower than anticipated in fall of 2008. The impacts of the harsh winter weather and the late, cool spring reduced fawn production and deer survival more than anticipated.

“We have taken action in response to avoid the problems encountered last season and improve our science base for decision making,” Secretary Frank said. “One of the steps we have already taken is to establish more stations to measure winter severity and have a more complete picture of winter impact on fawn production and deer survival.”

Deer population goals are established to ensure a healthy deer herd and habitat for the long term, ensuring the preservation of our great hunting traditions for future generations. A deer herd above a healthy population goal stunts forest regeneration and causes significant crop damage.

“Our population goals are also designed to protect the long-term vitality and economic viability of our forests and our agriculture lands,” Secretary Frank said. “By achieving the right balance, we preserve Wisconsin’s great deer hunting tradition for generations to come, and maintain hunting, forestry and agriculture as key components of Wisconsin’s economy.”

During the moratorium, the DNR proposes to work with the Congress, the Natural Resources Board, hunters, landowners and the public to consider potential changes to Earn-a-Buck or consider other herd control measures that effectively move the herd towards population goals. This year coincides with the regularly scheduled three year review of deer population goals that will provide additional opportunity for public input.