As long-time and more than casual observers of the state legislature, we from time to time notice trends developing. This is one of those times.
The state’s wildlife policy is determined by both the legislature and the Natural Resources Commission (and implemented by the Department of Natural Resources). The latter two being part of the executive branch, the governor appoints NRC members and the director of the DNR.
Until recently everyone was playing fairly well in the same sandbox. There was cooperation and a working relationship. A good example was the law passed in late 2016, PA 382 of 2016 in which the legislature (as part of the wolf controversy — but that’s another story) gave up its then sole authority to designate game species, to share it with the NRC.
Beginning with the current legislative session in January 2019, and escalating since the beginning of this year, we’ve seen a series of actions by the legislature which challenge and confront NRC/DNR authority. Although part of the explanation is that we have a split government (the majority of the legislature and the governor being of different parties), we believe it is more than just politics, Rather, it reflects a different philosophy of wildlife “management.” Let’s look at three ways that the legislature is flexing its wildlife policy-making muscle:
- Deer and elk feeding/baiting ban brouhaha: to combat Chronic Wasting Disease in the cervid population, the DNR has instituted a ban on feeding or baiting deer and elk in all of the Lower and some of the Upper Peninsula. The DNR cites numerous studies to back its decision. A majority in the legislature beg to differ, and we’re seeing this dispute play out in several bills:
- HB 4687 to overturn the ban, handily passed both the House and Senate (after some lively hearings) late last year, to be vetoed by the governor; and then re-referred to the same House committee in early January, apparently to start the process all over again
- SB 0800 which ostensibly leaves the ban in place but reduces the fine for violating the law to $1.00, introduced in late February
- Efforts to curtail and circumscribe the DNR’s law enforcement functions:
- HB 5466 provides that law enforcement can’t require hunters, trappers or fishers to display a license unless the officer has probable cause to believe the individual is violating the law, introduced in early February
- HB 5540 provides additional “guidance” to DNR employees entering upon private property, introduced in late February
- Senate rejection of two of the governor’s NRC appointees, also this month, after the Senate Advice and Consent committee held hearings and made its recommendations, amid charges of sexism regarding one appointee and undue influence by the NRA with respect to the other. One senator, a member of the Advice and Consent committee who voted to reject the nominees, summed it up in an interview: “We are seeing a huge lack of trust in our natural resources policy with what our department is deciding to do…we need to make sure that folks who are getting on the commission are folks that we can trust.”
Interesting times for animal advocates. We will continue to watch as this plays out, and continue to speak out — as we did with the appointment of George Heartwell as Chair, because we believed him to be open to our viewpoints. We will continue to call for wildlife policies that encourage participation of more segments of the population and with more emphasis on non-consumptive users … and regard for the animals themselves.