Monday, October 15, 2012

Legal wolf hunting - a pagan hunter and an attorney perspective

I am pagan and I hunt. I grew up in a family of hunters. I hunt with a rifle and more recently with a bow. Mostly I hunt deer. I will write another post about paganism and hunting at a future point. Suffice to say I am not morally opposed to killing an animal as a food source.

Background
A recent development in Minnesota law is legislature taking the gray wolf off of the endangered species list, and instead transitioned the wolf to management under the Minnesota Department of Natural Resources (DNR). The DNR states the Minnesota Wolf Management Plan will ensure the long-term survival of the species, while protecting owners of livestock and domestic pets from depredation. Depredation refers to wildlife destroying property.

Minnesota has a wolf population of 3,000. Largest of any of the lower 48. Prior to the change in the law of January 27, 2012, Minnesota regulations allowed "harassment" of wolves within 500 yards of people, buildings, livestock and domestic pets. The law did not allow for the physical harm of wolves, and you were not allowed to pursue the wolves or bait them.

Further, you are allowed to shoot or destroy a wolf only when said wolf presented an immediate threat to your animals on your property. The shooting must be reported to the DNR within 48 hours and any and all evidence must be preserved for the conservation officer, who will also take the wolf carcass.

Now, the DNR in Minnesota has instituted a legal hunting season for wolves. The regulations split the state into two hunting zones, and has a target "harvest" of 400. Hunters will be able to bait, trap and/or shoot the wolves. Licenses are awarded to hunters via a lottery process.

Legal Battles
Conservation groups have challenged the de-listing of the wolves and implementation of a hunting policy. They point out that the wolf has been on the Endangered Species List for 38 years. Originally, the DNR's plan included a five year waiting period after wolves were de-listed before hunting would begin. Conservationists and other animal rights activists also point out the cruelty of many trapping methods. Often animals are not killed by the traps and continue to suffer until the trappers return to their traps. The length of the season (11 weeks) has also been a topic of discussion.

Court battles for the opposition to the hunt have not gone in their favor. They filed a preliminary injunction (which would in effect stop the season while the court case is ongoing) against implementation of the wolf season, which was lost at the district court level. It was then appealed to the Minnesota Court of Appeals. The appellate court refused to grant the injunction requested. The case will go forward to the Minnesota Supreme Court, but is not sue to be heard until well after the season has ended.

Conservationist groups argue that the DNR rushed the implementation of the hunt, not following some of its own procedures. The DNR will typically hold forums to gauge public opinion on such a drastic change. The DNR maintains that it followed its rules.

The court of appeals, in upholding the denial of the injunction, stated that it was the legislature, not the DNR, that authorized the hunt. Therefore the groups opposed to the hunt failed to show irreparable harm attributable to the DNR's rules if the hunt were to go through as planned.

Attorney Perspective
This particular reasoning seems weak to one pagan attorney blogger. The court seems to be saying that they will not stop the hunt because the legislature authorized it and not the DNR. However, the groups could not have sued the legislature (pesky governmental immunity) to enjoin the hunt. Further, there is serious debate about whether the DNR did its due diligence with regard to public opinion before going forward. One survey found that 79% of Minnesotans to not support hunting and trapping of wolves. Yet another survey posted on the DNR's website indicates that 81.9% of Minnesotans support the DNR proposed season structure and implementation for a limited fall 2012 season.

Clearly greater exploration in the court of opinion is required here. A conservative approach by the Court of Appeals would have been to issue the injunction. But that is using "conservative" in the sense of conservation. The bottom line is that the wolves are de-listed, the DNR is the entity generally responsible for implementing hunting seasons for all game in Minnesota, and they at least appear to have followed their own procedures for implementing such a season. The conservative approach, conservative meaning preserving existing conditions and cautiously limiting change, is to do just as the court has; refusing to issue the immediate injunction, but allowing the case to go forward so issues can be fully argued.

Pagan Hunter Perspective
There are many reasons to hunt. Personally I hunt because I love the taste of venison, I love being out in the woods in the fall, and I love spending time with my dad and husband at the cabin. Hunting for me is the cool crisp fall air. The crunch of leaves under my boots, and the smell of woodsmoke from the wood-burning stove in our little two-room cabin.

I have killed a few deer in my time, and I plan to kill more. I was taught to only take a shot that you knew would kill. I was raised with respect for the animal and shown that the animals we took were more than trophies. Two deer last fall have kept my husband and I in red meat all year long. You can't get much more organic than an animal you shot yourself. I really like that I am not contributing to the mechanized slaughter houses currently supplying most of America's red meat.

Because of this attitude and philosophy toward hunting, I cannot get on the wolf hunting bandwagon. I just do not see the point. No one will be eating wolf meat. Our society is past the point of needing their hides for warmth in the winter. I absolutely understand the need to protect livestock (and livelihood) as well as domestic pets. But the law already provided for that.

Also, 3,000 does not seem like a high number to me, not at all. And considering the length of time the species has existed, our short (though successful) conservation effort to restore this population just doesn't make up for the years of wasteful hunting and trapping.

Speaking of trapping, what a sick awful way to hunt an animal. Hunters are not allowed to bait (attempt to attract with food) deer, nor are they allowed to use dogs to find the deer. But this law would allow wolf hunters to do both. Not very sporting.

In fact, it's an affront to my pagan and hunter sensibilities. There is no respect for the spirit of the animal, or for nature or life in general. Traditionally, American society has had an attitude that all that Nature has to offer is ours for the taking (talk about depredation!!!) but that doesn't fit with a pagan faith.

Thankfully, society seems to be taking a swing back the other way, protecting our natural resources and the animals who share this planet with us. Its become uncouth to rape and pillage Mother Earth like the days of old. I will be following the gray wolf story as it makes its way through the convoluted legal process and updating any interested parties in the blog.

What do you think? Can a pagan simultaneously be a hunter in today's society of fast food and grocery stores? Should the MN DNR allow hunting of the gray wolf?

Sources: MN DNR Website: http://www.dnr.state.mn.us
Marcotty, Josephine."Two national wildlife groups say they will sue to protect grey wolf." Star Tribune. 15 October 2012.
Marcotty, Josephine. "Court ruling allows Minnesota's first managed wolf hunt to be held." Star Tribune. 11 October 2012.
Meador, Ron. "Minnesota's wolf harvest takes shape with reliance on trapping and baiting." Minn Post. 18 September 2012.

No comments:

Post a Comment