Coyote Lawsuit
Coyote Lawsuit
Dear Clerk:
Enclosed for filing please find the original and three copies of a Claim of Appeal, along
with Statement Regarding Transcript, regarding Wildlife Conservation Order Amendment No. 1
of 2024 being appealed, Proof of Service, and filing fee.
Neil E. Youngdahl
NEY/nlw
Enclosures
cc: Tom Baird, Michigan Natural Resources Commission Chair
M. Scott Bowen, Director of Dept of Natural Resources
Authority:
The Natural Resources and Environmental Protection Act, 1994 PA 451, authorizes the Director
and the Commission to issue orders to manage wild animals in this state.
The Department and stakeholders review the furbearer regulations on a two-year cycle to
provide consistency in regulations. More consistent regulations provide for better understanding
by hunters and trappers, as well as facilitate monitoring the impacts of regulation changes. A
two-year cycle also allows more time to consider potential regulation changes.
Accordingly, the Department recommends that regulations set in 2024 remain in effect for two
years.
Based on stakeholder requests and subsequent feedback from the Furtaker User Group and the
internal Department Furbearer Workgroup, the Department reviewed the current regulations and
reviewed the following: 1) require trap warning signs near public roads and trails; 2) Upper
Peninsula (UP) bobcat trapping season dates; 3) UP second bobcat kill tag landownership; 4)
fisher and marten combined bag limit; 5) centerfire firearm use at night in the limited firearms
deer zone; and 6) coyote season length.
The Furtaker User Group is an advisory body consisting of representatives from the UP
Trappers Association, Michigan Trappers and Predator Callers Association, Northern Great
Lakes Fur Harvesters, Michigan Hunting Dog Federation, Michigan State Coonhunters
Association, Michigan State Fox Hunters Association, Michigan Bear Hunters Association, UP
Bear Houndsmen Association, Michigan United Conservation Clubs, Michigan Farm Bureau,
and United States Forest Service, as well as other groups and unaffiliated members.
The internal Department Furbearer Workgroup consists of Cody Norton (Bear, Furbearer, and
Small Game Specialist), Brian Roell (Biologist, UP Region), Angela Kujawa (Biologist, Northern
Lower Peninsula [NLP] Region), Pete Kailing (Biologist, Southwest Lower Peninsula [SWLP]
Region), Tammy Giroux (Biologist, Southeast Lower Peninsula [SELP] Region), Dwayne Etter
CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30028 • LANSING, MICHIGAN 48909-7528
www.michigan.gov/dnr • (517) 284-MDNR(6367)
Furbearer Regulations
Wildlife Conservation Order Amendment No. 1 of 2024
Page 2
February 12, 2024
(Southern Lower Peninsula [SLP] Wildlife Research Specialist), and Sgt. Jon Wood (Law
Enforcement Division [LED]).
Item 1 – Require Trap Warning Signs Near Public Roads and Trails
The Department and the Furtaker User Group reviewed a proposal to require trap warning signs
near public roads and trails. The proposal required that if a trap of any kind was set within 25
feet of a public road, drive, or trail, a warning sign must be posted in a highly visible place along
the trail in both directions, 100 to 150 feet before the trail’s nearest point to the trap (or first trap,
if multiple traps are set close together). After further discussions with stakeholders and
Department staff during and after the Furtaker User Group meeting, the Department does not
support this regulation.
Other States
The Department researched other Midwest states’ regulations regarding trap warning signs and
found that they are not required in Illinois, Indiana, Minnesota, Ohio, Pennsylvania, or
Wisconsin.
Biological
Trap warning signs may increase the illegal take of protected species, limited-take species, or
species outside of the open season if someone other than the trapper dispatches the animal.
This could include wolves, bobcat, fisher, marten, and other species.
Social
The majority of the Fur Taker User Group did not support this regulation, mainly due to
concerns of trapper harassment and theft of traps and animals caught in traps.
Economic
We do not expect any large-scale economic impacts due to the use of trap warning signs, but
there could be significant economic impacts to individual trappers. Placement of trap warning
signs along any public road or trail would be expensive and time consuming. Increased trap and
catch theft could greatly increase the amount of money required for a trapper to maintain a
trapline. There can also be damage to the fur if someone other than the trapper dispatches the
animal.
further discussions with stakeholders and Department staff during and after the Furtaker User
Group meeting, the Department supports this regulation.
Biological
The UP bobcat trapping season length will remain at 63 days, therefore the Department does
not expect a significant change in the number of bobcats harvested.
Social
The majority of the Furtaker User Group supports this proposed regulation change. All trapping
groups represented on the Furtaker User Group worked together to identify these dates and
supported this proposed change.
Economic
The Department does not expect an economic impact.
Biological
When this kill tag was changed to private land only several years ago, there was no significant
reduction in bobcat harvest, so this restriction of opportunity is not having an impact on the
bobcat population. Therefore, the Department does not expect a biological impact.
Social
The majority of the Furtaker User Group supports this proposed regulation change.
Furbearer Regulations
Wildlife Conservation Order Amendment No. 1 of 2024
Page 4
February 12, 2024
Economic
The Department does not expect an economic impact.
Biological
Due to how harvest has responded to past changes in bag limit and season length for fisher and
marten, the Department does not expect a significant increase in harvest. In addition, it may
reduce the number of incidentally caught fishers. Therefore, the Department does not expect a
biological impact.
Social
The majority of the Furtaker User Group supports this proposed regulation change.
Economic
The Department does not expect an economic impact.
Item 5 – Centerfire Firearm Use at Night in the Limited Firearms Deer Zone
The Department and the Furtaker User Group reviewed a proposal to allow the use of <.269
caliber centerfire firearms to hunt coyote, fox, raccoon, and opossum at night on public lands in
the limited firearms deer zone. After further discussions with stakeholders and Department staff
during and after the Furtaker User Group meeting, the Department supports this regulation.
dwellings. Law Enforcement Division is supportive of the change and does not expect the
change to increase risk of injury.
Biological
The Department does not expect a biological impact.
Social
The majority of the Furtaker User Group supports this proposed regulation change.
Economic
The Department does not expect an economic impact.
As expected, estimated statewide coyote harvest during 2016-2020 did not increase in
response to implementation of a year-round season. Similarly, the estimated average number of
coyotes harvested per hunter did not increase during this time either. However, there is concern
about social perception and future loss of management tools if the open season continues to
allow coyotes to be taken when there are dependent young present. The proposed change will
result in not allowing coyote harvest while female coyotes have dependent young. However, the
coyote hunting season will still be one of the most liberal seasons in the state, open for nine
months. Additionally, coyotes will still be able to be taken year-round on private land if a coyote
is doing damage or physically present where it could imminently cause damage. Currently, an
individual may not hunt or train dogs on game (including coyote) from April 16 to July 7 due to
the presence of dependent young. The Department recommends maintaining this limitation to
prohibit the use of dogs to hunt or train on coyotes during this time period.
Biological
Since the coyote hunting season was extended to year-round, statewide harvest estimates and
average number of coyotes harvested per hunter have not increased. The Department does not
expect a significant biological impact.
Social
The majority of the Furtaker User Group supports this proposed regulation change. Several
trapping and hound hunting groups and individuals have requested the Department make this
change to the coyote hunting season, due to public perception and potential future impacts to
their hunting and trapping opportunities. The Department has been contacted by some predator
callers that are opposed to this change, due to reduced hunting opportunity during a period after
Furbearer Regulations
Wildlife Conservation Order Amendment No. 1 of 2024
Page 6
February 12, 2024
snow melts and before crops grow in height, when coyotes may be more responsive to calls.
Predator callers would be able to continue hunting year-round on private lands where coyotes
are doing damage or physically present where they could imminently cause damage. However,
other private lands and public lands would be closed that time of year, resulting in some
reduced recreational opportunity.
Economic
The Department does not expect an economic impact.
Furbearer Regulations
Wildlife Conservation Order Amendment No. 1 of 2024
Page 7
February 12, 2024
Relevant Divisions have contributed to the preparation of this order. This order was submitted
for information on February 8, 2024, at the Natural Resources Commission meeting. This item
appeared on the Department’s January 30, 2024 calendar and may be eligible for approval on
March 14, 2024.
I have analyzed and discussed these recommendations with staff and concur as to matters over
which the Director has authority.
(2) In addition to the daylight hunting hours specified in subsection (1) and 3.605, a person traveling
afoot at night and in possession of only a bow and arrow, a crossbow, a pneumatic gun, a rimfire firearm
.22 caliber or smaller, a centerfire rifle or centerfire pistol .269 caliber or smaller, or shotgun with loads
other than buckshot larger than number 3, slug or cut shell, unless otherwise provided by law, may take
within their specified open seasons raccoon, opossum, coyote, and fox. However, subject to MCL
324.43510, (2) and (3), a person hunting these species during the nighttime hunting hours shall not
possess a loaded firearm, a cocked crossbow, or bow with a nocked arrow unless one or more of the
following conditions apply:
(a) The individual is hunting with the aid of dogs and is at the point of kill.
(b) The individual is hunting with the aid of game call or predator call.
(3) A person shall not use a centerfire rifle or centerfire pistol to take an animal during nighttime hunting
hours as specified in subsection (2) in any state park or recreation area.
(4) Except for woodcock and crow, the hunting and hawking hours for all waterfowl and migratory birds
shall be as listed in the state waterfowl hunting guide. The hunting hours for woodcock shall substantially
conform to sunrise to sunset and shall be as published in the Michigan hunting and trapping guide. The
hunting hours for crow shall be as specified in subsection (1).
(5) The hunting hours for wild turkey during the spring season shall substantially conform to one-half
hour before sunrise to one-half hour before sunset, and shall be those starting times and ending times
published in the state hunting guide for wild turkey.
(6) The hunting hours for teal during the early season shall substantially conform to sunrise to sunset,
and shall be those starting times and ending times as published in the waterfowl hunting digest.
(7) Subject to MCL 324.43510, (2) and (3), except during the hunting hours specified in this section and
as otherwise provided by subsection (2) and sections 5.42, 5.46 and 5.47, a person shall not possess
afield a firearm unless it is unloaded in the barrel, or crossbow or a bow and arrow unless all arrows and
bolts are placed in a quiver. A person may, to comply with section 4.1(2), kill a down and mortally
wounded deer, bear, or elk using an otherwise legal means and may possess a loaded firearm, a cocked
crossbow, or bow with nocked arrow only at the time and at the point of kill. Notwithstanding any other
provision of this subsection, a person hunting under the authority of a wild turkey license during the spring
wild turkey season may load and carry a loaded firearm afield while going to their hunting stand up to one
hour prior to the spring wild turkey hunting hours.
3.608 Bobcat open seasons, season limit, closed areas, restrictions; kill tags and tagging
requirements; registration requirements; unlawful acts.
Sec. 3.608 (1) The open season for taking bobcat by trapping in bobcat management units A and B shall
be November 1 to November 14 and December 1 to January 18. The open season for taking bobcat by
hunting in bobcat management units A and B shall be from January 1 to March 1.
(2) The open season for taking bobcat by trapping in bobcat management units C and D shall be from
December 10 to December 29, using foothold traps or live-restraining cage traps only. The open season
for taking bobcat by hunting in management unit C shall be from January 1 to March 1. The open season
for taking bobcat by hunting in management unit D shall be from January 1 to February 1.
(3) The open season for taking bobcat by trapping in bobcat management unit G shall be from December
10 to December 29, using foothold traps or live-restraining cage traps only. The open season for taking
bobcat by hunting in management unit G shall be from January 1 to January 20.
(4) The open season for taking bobcat by trapping in bobcat management unit H shall be from December
10 to December 20, using foothold traps or live-restraining cage traps only. The open season for taking
bobcat by hunting in management unit H shall be from January 1 to January 11.
(5) The season limit shall be 2 bobcats per licensed resident fur harvester except an individual shall take
not more than 1 bobcat from bobcat management unit B, and not more than 1 bobcat in bobcat management
units C, and D, G, and H combined.
(6) Through the day before the open bobcat season, a resident issued a fur harvester’s license who
intends to hunt or trap bobcat shall request and be issued up to 2 free bobcat kill tags. A resident shall not
sell, loan, or permit in any manner another individual to use the bobcat kill tag or use or attempt to use
another individual’s bobcat kill tag. Free bobcat kill tags may be obtained only by a resident who is at least
8 years old, subject to section 2.14. An individual who kills a bobcat shall immediately validate the kill tag
by notching out the appropriate information on the tag and attach the kill tag to the hide of the bobcat from
the upper jaw to the eye socket or through the lower jaw of the bobcat in a secure and permanent manner.
An individual shall not tag a bobcat with a kill tag that is not valid for the unit in which the bobcat is taken.
This kill tag shall remain attached to the bobcat until the animal is registered and sealed by the department.
An individual shall not possess a bobcat or bobcat hide that is not tagged with a validated kill tag unless a
department seal is attached as provided by subsection (7).
(7) An individual that kills a bobcat shall present the pelt and skull of the bobcat to the department to be
registered and sealed no later than 10 days following the close of the season in which it was taken. The
pelt and skull shall be presented for sealing in person by the resident fur harvester that killed the animal
and shall not be presented for sealing or registration by another individual. The individual presenting the
bobcat pelt and skull shall display their fur harvester license, including identification used to acquire the
license, and shall provide harvest information as requested by the department. The department shall retain
at least one tooth or the skull, at the discretion of the department, and attach an official seal to the pelt of
each bobcat presented for examination. The seal shall be locked upon the hide in such a manner that it
cannot be removed without cutting or ripping the bobcat pelt or damaging the seal. An official seal attached
by the department shall not be removed from the bobcat pelt until the bobcat pelt is processed or tanned.
Subsequent to 10 days following March 1, it shall be unlawful to possess a bobcat pelt without an official
department seal attached unless the pelt has been processed or tanned or the bobcat season is open.
3.610 Coyote, open season; exceptions; fur harvester’s license not required to hunt.
Sec. 3.610 (1) The statewide open season for taking coyote by hunting shall be from July 15 to April 15
except:
(a) Coyotes shall not be taken in state park and recreation areas from April 1 to September 14.
(2) A resident possessing a base license may hunt coyote without securing a fur harvester’s license.
3.620 Fisher, open seasons, closed areas; registration requirements; unlawful acts.
Sec. 3.620 (1) The open season for taking fisher by trapping shall be from the first Friday in December
through 9 days after in all of Zone 1 except Drummond Island.
(2) The fisher and marten season limit shall be a combined bag limit of 2 animals per licensed resident.
(3) Through the last day of the open fisher season, a resident issued a fur harvester’s license may obtain
a free fisher kill tag. A resident who intends to trap fisher shall request and be issued 1 kill tag valid for
either a fisher or a marten. A resident shall not sell, loan, or permit in any manner, another individual to use
the fisher kill tag or use or attempt to use another individual’s fisher kill tag. Free fisher kill tags may be
obtained only by a resident who is at least 8 years old, subject to section 2.14. An individual who kills a
fisher shall immediately validate the kill tag by notching out the appropriate information on the tag and
attach the kill tag to the hide of the fisher from the upper jaw to the eye socket or through the lower jaw in
a secure and permanent manner. An individual shall not tag a fisher with a kill tag that is not valid for the
unit in which the fisher is taken. This kill tag shall remain attached to the fisher until the animal is registered
and sealed by the department. An individual shall not possess a fisher or fisher hide that is not tagged with
a validated kill tag unless a department seal is attached as provided by subsection (4).
(4) An individual that kills a fisher shall present the pelt and skull of the fisher to the department to be
registered and sealed no later than 3 business days following the last day of the season. The pelt and skull
shall be presented for sealing in person by the resident fur harvester that killed the animal and shall not be
presented for sealing or registration by another individual. The individual presenting the fisher pelt and skull
shall display their resident fur harvester license, including identification used to acquire the license, and
shall provide harvest information as requested by the department. The department shall retain the skull and
attach an official seal to the pelt of each fisher presented for examination and shall lock the seal upon the
hide in such a manner that it cannot be removed without cutting or ripping the fisher pelt or damaging the
seal. An official seal attached by the department, shall not be removed from the fisher pelt until the fisher
pelt is processed or tanned. Subsequent to 3 business days following the close of the season, it shall be
unlawful to possess a fisher pelt without an official department seal attached unless the pelt has been
processed or tanned or the fisher season is open.
3.630 Marten, open season, exceptions; trapping permit; sealing requirements; unlawful
acts.
Sec. 3.630 (1) The open season for taking marten by trapping shall be from the first Friday in December
through 9 days after in all of zone 1 except Drummond Island.
(2) The fisher and marten season limit shall be a combined bag limit of 2 animals per licensed resident.
(3) Through the last day of the open marten season, a resident issued a fur harvester’s license may obtain
a free marten kill tag. A resident who intends to trap marten shall request and be issued 1 free marten or
fisher kill tag and 1 marten only kill tag. A resident shall not sell, loan, or permit in any manner, another
individual to use the marten kill tag or use or attempt to use another individual’s marten kill tag. A free
marten kill tag may be obtained only by a resident who is at least 8 years old, subject to section 2.14. An
individual who kills a marten shall immediately validate the kill tag by notching out the appropriate
information on the tag and attach the kill tag to the hide of the marten from the upper jaw to the eye socket
or through the lower jaw in a secure and permanent manner. This kill tag shall remain attached to the
marten until the animal is registered and sealed by the department. An individual shall not possess a marten
or marten hide that is not tagged with a validated kill tag unless a department seal is attached as provided
by subsection (4).
(4) An individual that kills a marten shall present the pelt and skull of the marten to the department to be
registered and sealed no later than 3 business days following the last day of the season. The pelt and skull
shall be presented for sealing in person by the resident fur harvester that killed the animal and shall not be
presented for sealing or registration by another individual. The individual presenting the marten pelt and
skull shall display their resident fur harvester’s license; including identification used to acquire the license,
and shall provide harvest information as requested by the department. The department shall retain the
skull, and, attach an official seal to the pelt of each marten presented for examination, and lock the seal
upon the hide in such a manner that it cannot be removed without cutting or ripping the marten pelt or
damaging the seal. An official seal attached by the department, shall not be removed from the marten pelt
until the marten pelt is processed or tanned. Subsequent to 3 business days following the last day of the
season, it shall be unlawful to possess a marten pelt without an official department seal attached unless
the pelt has been processed or tanned or the marten season is open.
Approved as to matters over which the Natural Resources Commission has authority.
M. Scott Bowen
Director
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM
______________________
proceedings held before the Natural Resources Commission, including the Commission’s
meetings held on February 8, 2024, and March 14, 2024 (see attached).
VARNUM LLP
Attorneys for Appellant
[email protected] and
U.S. Mail
My firm represents Michigan United Conservation Clubs. We have filed the enclosed
Claim of Appeal on its behalf.
Pursuant to MCR 7.104(D)(3), we request that you provide to the Ingham County Circuit
Court a certified copy of the complete Natural Resources Commission record pertaining to
Amendment No. 1 of 2023 to the Wildlife Conservation Order, issued March 14, 2024, which
amended Wildlife Conservation Order § 3.610(1). This request includes, but is not limited to, the
complete record pertaining to the Natural Resources Commission’s meetings on February 8, 2024,
and March 14, 2024.
Sincerely,
Neil E. Youngdahl
NEY/nlw
Enclosures
Nancy L. Wierenga, the undersigned, being first duly sworn, deposes and says that she is
a Legal Assistant with the law firm of Varnum LLP, and on Thursday, March 28, 2024, she had
served the Claim of Appeal, Wildlife Conservation Order Amendment No. 1 of 2024, Statement
Regarding Transcript, and a copy of this Proof of Service upon:
by depositing same with the United States Postal Service as First Class Mail, with the appropriate
postage affixed thereto.
Nancy L. Wierenga