By Paul A. Smith of the Journal Sentinel
Dane County Judge Peter Anderson convened a special session Wednesday to clarify his ruling in the lawsuit over wolf hunting with dogs.
Anderson ruled Jan. 4 that dogs could be used to hunt wolves but could not be used during training to track and trail wolves.
Anderson pointed to the absence of regulations in Wisconsin Administrative Code on the use of dogs on wolves. Further, he said the DNR and Natural Resources Board had the authority to enact regulations but had failed to do so.
The ruling confounded, pleased and disappointed both parties in the case.
Anderson acknowledged Wednesday that the record in the case was “less clear and crisp than I might have liked.”
The upshot of Wednesday’s action: Anderson repeated his declaration that the Natural Resources Board has the authority to promulgate emergency and final rules for the safe and humane use of dogs in the tracking of wolves.
And he ordered the board to decide within 45 days whether it will exercise its authority.
Attorneys for both sides were still digesting the latest order Wednesday afternoon.
Would even the most minimal rules be acceptable? What is the standard for “safe and humane” when it comes to using dogs on wolves?
DNR attorney Tim Andryk said the normal rule making process would take about two years.
However, the Legislature could make changes – to allow or prohibit the use of dogs to hunt wolves – in a matter of months.
“We have no confidence the DNR will impose the restrictions needed to ensure the safe and humane use of dogs to hunt or pursue wolves,” said Jodi Habush Sinykin, an attorney for the plaintiffs.
Habush Sinykin said people in Wisconsin who oppose using dogs to hunt wolves must seek legislative action to stop the process.
Don’t expect Wednesday’s to be the last legal proceeding on the use of dogs to hunt wolves in Wisconsin.