SUPPORT A NATIONAL CARNIVORE CONSERVATION ACT

The newest action to remove wolves from the Endangered Species Act is just one more piece of evidence that supports the need to protect vulnerable carnivore species from politics. When the ESA was created, it is hard to imagine that the drafters and public intended that successful recovery would then destine those same species to immediate trophy hunting upon removal from the endangered species list.

When Rocky Mountain wolves lost their protections, through a political tactic that was accomplished through a rider that does not allow court challenges, the states of Montana, Idaho and Wyoming have been relentless in their persecution of wolves. Thousands have been slaughtered in the most brutal, inhumane, unconscionable ways. Every year packs of wolves are gunned down from helicopters in the Lolo Wilderness of Idaho. Trappers set dozens of traps and snares in Alaska, Wyoming, Idaho and Montana to kill wolves, coyotes, wolverine, bears and other fur bearing animals. In Alaska, Denali National Park wolves are now almost non-existent. Many of our most beautiful public lands, wilderness areas and wildlife habitat exist in states where wildlife management is inconsistent with science and public opinion, or caters almost exclusively to hunting lobbies and ranching interests. If wolves can not live in designated wilderness areas, national parks and public lands where can they?

These public lands have become killing fields. Under many current state laws wildlife agencies operate more like hunting clubs than as institutions to protect or preserve wild animals.  

While great scientific, technological and humanitarian advancements have allowed people to live happier, better and longer lives, when it comes to wildlife,  the laws that govern wildlife management are based in archaic traditions that are appalling.

Nationally, most wild animals have little if any protection from wildlife abuse and carnivores often suffer the worst abuses because some hunters feel they compete for deer, or other ungulate species. The new hunter may treat carnivores as if they are enemies to hate rather than wild animals needing to eat and performing a natural ecological function. They defend killing contests and brutality as controlling populations using false information and myths that have been disproven by large carnivore scientists.  For most of us, it is difficult to comprehend the type of cruelty inflicted on wild carnivores. Aside from coyotes and wolves other victims of relentless trapping, include beaver, bobcats, red and grey fox, bears, otters, raccoons and thousands of opossum.

While most people abhor violence against wildlife,  many people are unaware of the extent of cruelty, abuses, and suffering that occur because laws allow trapping, penning, hounding and trophy hunting of wild animals with little or no limitations.  Yet trophy, sports hunters and lobbyists have a stranglehold on state wildlife policy. Excessive brutality and unnecessary killing of wild animals  (especially carnivores) occurs constantly and is defended under the guise of wildlife “management”. 

As the internet often illustrates, the killers enjoy taunting, handling and photographing their terrified victims. For coyotes, foxes and raccoons the species most commonly penned, penning involves first being trapped and injured. Once captured they are crammed into cages where they may be left for weeks at a time, in some instances, to be sold to penning facilities. At the penning facility,  they are let loose  in an enclosure only to be hunted and killed by packs of vicious dogs. see http://www.carnivoreconservationact.com/the-need-to-reform-wildlife-management/ In some states "hunters" even chase down wolves or coyotes in snowmobiles and run them over. Hunting, as it was once lauded as an honorable outdoor tradition, is no longer the activity that was played by a set of rules governed by fair chase and moral conduct.

Often our federal and state tax dollars are used in programs that are euphemistically entitled “wildlife management” but are actually killing programs funded by an unknowing and thus non-consenting public. Wildlife management is driven by greed, ignorance, intolerance and unwillingness to coexist with wildlife.  Wildlife are supposed to be protected as public trust resources but management is far too often funded by special interest money that is directed largely by hunting revenues, leaving the majority of Americans voiceless to protect wild animals from excessive killing practices. Legislators receive tremendous pressure through lobbyists like the NRA or trophy-hunting groups like Safari Club International. Meaningful reform is generally squashed by the power of these minority interests.

And contrary to the North American Model of Wildlife Management that subscribes to fair chase and harvest methods, most states ignore the tenants of NAM. Most states allow extended hunting of carnivores that run through mating and rearing of young seasons; many states allow animals to be lured by distress calls, killed over bait piles and hunted with increasingly advanced technology like semi automatic rifles and suppressors.

The one national law that offered some protection to wolves, the ESA, has been abrogated to the extent that protection comes too late or is subject to political whims that render it ineffective. Each and every time the public and the courts agree that wolves should be protected, politics removes the only safety they have. Now more than ever we need a set of national guidelines that drives states policies. And, we need to examine trophy hunting in light of habitat loss, biological diversity, the social structures of wild animals, their sentience and a sixth extinction where almost half of the wild population of animals have been depleted in the last fifty years.

To be sure, this is no easy task but it is necessary. Just as climate change is a threat to our planet our institutional resistance to reforming wildlife laws is a threat to our global health. This latest pandemic was created in wet markets where wild animals were abused. Human beings can not live in a world devoid of other life. 

We urge legislators to look at the MA Carnivore Conservation Act as a model for a national comprehensive law that  protect wild carnivores like wolves, coyotes, bears, raccoon and other species and  promote protected corridors and responsible ecosystem wide management of all wildlife throughout the states.

 Our wild animals deserve better. Please visit www.carnivoreconservationact.com  for a model national law. 

 Suggested Citation: Kane, L., and J. G. Way. 2013. Petition to create a Carnivore Conservation Act in Massachusetts. 20 pages. URL: http://www.carnivoreconservationact.com/wp-content/uploads/MACarnivoreConservationActMay2014-1.pdf

Executive Summary

This document, the MA Carnivore Conservation Act, will:

 1)    Promote the welfare of carnivores by prohibiting cruel and inhumane hunting practices. This includes: Prohibiting penning of wildlife for purposes of training dogs or as spectator sport; Prohibiting hounding (i.e., using dogs to chase) carnivores; Extending the provisions of the MA anti cruelty laws to wild carnivores.

2)   Promote a fair-chase hunting ethic of carnivores. This includes: Prohibiting baiting for purpose of killing carnivores; Prohibiting shooting carnivores from inside a home or building; Prohibiting night hunting; Prohibiting the use of electronic calls.

3)   Require scientifically valid carnivore management practices that serve a legitimate management purpose/objective/goal. This includes: Prohibiting wildlife killing contests or predator derbies; Creating a quota for carnivores; Requiring the purchase of a carnivore hunting tag and creation of a minimum fee for hunting carnivores; Reduce season hunting lengths; Establishing no hunting refuges on state and federal park and forest lands; Mandating training for wildlife specialists that “remove” carnivores for management purposes; Requiring good animal husbandry practices to prevent carnivore livestock conflicts; Creating a wanton waste provision for carnivores similar to other game species.

4)   Require the use of current and best available science in wildlife management decisions of carnivores. This involves abandoning principles that support the maximum utilization or killing of carnivores and requires accounting for the ecological importance of carnivores in fully functioning and robust ecosystems and recognizing their innate social and family structures. This includes: Obtaining scientific research permits without political interference; Recognizing and identifying eastern coyotes also as “coywolves” (Canis latrans x C. lycaon) in order to recognize their mixed species (western coyote x eastern wolf) background; Creating a carnivore conservation biologist position to focus on non-lethal management objectives for carnivores and to study and promote tolerance of carnivores.

Provisions of Proposed Act

This petition provides for sustainable, ecologically sound management practices, and humane treatment of the following carnivore species: Eastern Coyotes (Coywolves), Red and Gray (Grey) Foxes, Bobcats, and Black Bears, and potential future populations of Wolves (Gray Wolves and/or Eastern Wolves) and Cougars (also called Mountaion Lions or Pumas) in Massachusetts.

 The Carnivore Conservation Act will contain the following provisions:

 1) Promote the welfare of carnivores by prohibiting cruel and inhumane hunting practices.

a)    Whereas capturing, transporting and penning live predators or other wildlife is ecologically unsound and inhumane, the MA Carnivore Conservation Act prohibits penning wild carnivores for the purposes of training hunting dogs and prohibits the hosting or spectating at any “sporting event” in which a live carnivore is trapped, penned, chased by dogs, injured or killed.

b)    Whereas hounding (the chasing of wildlife by hunting dogs or packs of dogs) of wildlife causes extreme stress to wildlife and places hunting dogs and wildlife at risk of death or injury from encounters, the MA Carnivore Conservation Act will prohibit hounding of all listed carnivores as well as raccoons. This provision will prohibit the hunting of all listed carnivores with hunting dogs singly or in packs, and will also prohibit the training of dogs to hunt or kill carnivores in other states. The only use of hounding will be for scientific research to safely and humanely tree and capture (usually through darting) cat species and black bears for scientific research.

c)     Whereas Massachusetts defines anti-cruelty under MA state law 272 § 772, the MA Carnivore Conservation Act extends the provisions of that act and makes it illegal to torture or maim all listed carnivores as well as raccoons.  The Act will amend MA State law 272 § 77 by specifically including wildlife in the anti-cruelty provisions.  This provision will prohibit the clubbing, stomping, strangling, stabbing, or torture of hunted or trapped wildlife. Furthermore, torture or maiming to be defined as universally recognized acts of cruelty, and/or to include those acts that are prohibited by MA anti-cruelty laws MA State law 272 § 77. Anyone found guilty of torturing or maiming coyotes, red and grey foxes, bobcats, black bears, or other carnivores will be subjected to the same fines and penalties imposed on MA residents under MA State law 272 § 77.

 2) Promote a fair-chase hunting ethic of carnivores.

a)    Whereas baiting (feeding) of carnivores is a leading cause of human and wildlife conflicts and unfairly attracts wildlife to be killed, the MA Carnivore Conservation Act will make it illegal to bait the listed species for the purpose of hunting and killing them. In many jurisdictions and states feeding wild animals is illegal, so why is it legal to lure them with bait to kill them?  Most biologists agree that baiting or feeding carnivores and other wild animals is a leading cause of human and wildlife conflicts and that baiting animals to kill them is not considered fair-chase hunting. While the Wildlife Protection Act of 1996 eliminated hunting bears and bobcats over bait, it does not include coyotes, red and grey foxes, and other carnivores such as wolves and cougars that may repopulate the state. It is time to address this oversight and allow the only legitimate use of baiting to be the facilitation of valid scientific research.

b)    Whereas it is currently legal to bait in, shoot and kill carnivores from private residences under certain conditions (see Massachusetts General Laws Chapter 269 SECTION 12E, and Chapter 131 SECTION 58), the MA Carnivore Conservation Act will amend those laws and prohibit shooting eastern coyotes and other carnivores from a home for recreational purposes. It is currently legal to bait in and shoot predators from private residences, provided the shooter is 500 feet from another house and/or has that nearby landowner(s) consent. Under the Carnivore Conservation Act, a hunter would need to be at least 500 feet from a permanent structure (including the hunter’s own house) to shoot and kill a carnivore, unless the carnivore is an imminent danger to people.

c)    Whereas most carnivores avoid people by being active at night to survive human presence, and night hunting is considered by many to provide unfair advantages and is currently legal, the MA Carnivore Conservation Act prohibits night hunting of all listed carnivores. Night hunting is defined as hunting at any time beginning 20 minutes after sunset and ending 20 minutes before sunrise. This provision is intended to protect human safety and to prevent illegal poaching activities as well as to promote fair-chase hunting ethics.

d)    Whereas electronic calls and devices unfairly lure wild animals to hunters, the MA Carnivore Conservation Act prohibits electronic calls or devices to attract all listed carnivores for the purposes of killing them. Electronic calls are not fair chase.

 3) Require scientifically valid carnivore management practices that serve a legitimate management purpose/objective/goal.

a)    Whereas wildlife killing contests or predator “derbies” are ecologically destructive, inhumane, and serve no valid management objective, the MA Carnivore Conservation Act prohibits predator or carnivore killing derbies/contests. The Act also prohibits establishing bounties, where hunters are paid or given prizes or rewards to kill wild carnivores. Petitioners also contend that wildlife killing derbies and contests support a culture of violence that is impermissible in the context of the recent violent mass killings that have taken place nationwide.

b)    Whereas carnivores are not eaten and there is no quota on the number of carnivores that may be killed by hunters with a valid hunting license, the MA Carnivore Conservation Act creates a quota or bag limit of one per species, per season, per hunter of eastern coyote (coywolf), red fox, grey fox, bobcat, black bear, and potential future populations of wolf and cougar/mountain lion in MA. Currently anyone with a hunting license may kill an unlimited number of coyotes, red and grey fox, or bobcat anytime and anywhere for up to six months a year depending on the species. Requiring a quota will make hunting laws for carnivores similar to the laws for most other game species like deer. Furthermore, all hunters will check in whole bodies of dead animals to check stations within 24 hours of kill so that weight and morphometrics (like length) can be recorded and genetic samples can be taken. The current regulations, for instance, allow the killing of a coyote as early as October but do not require tagging until after the hunting season ends in mid-March. This makes it almost impossible to know how many coyotes are killed in a given year until well after the hunting season ends.

c)    Whereas other game species are hunted under a fee-based system the MA Carnivore Conservation Act creates a minimum fee for hunting listed carnivore species that is in line with fees charged to hunters for the right to hunt other species. Hunters will be required to purchase a $25 “Carnivore Hunting tag” in order to hunt for a quota maximum of 1 of each listed species per hunting season set as December 15 to January 14). MA Division of Fisheries and Wildlife or state legislators can raise but not lower the fee.

d)    Whereas carnivores are hunted in lengthy seasons that overlap important biological periods, the MA Carnivore Conservation Act creates a hunting season for eastern coyotes, red and grey foxes, and bobcats that will be shortened from up to 6 months to 1 month from December 15th to January 14th. A hunting season from December 15th through January 14th will protect carnivores during important biological seasons such as their reproductive cycles. It will also close before females are too close to giving birth which occurs in mid/late March to early April in MA for fox and coyotes.

e)    Whereas hunting and trapping of carnivores is generally permitted in many state forests and parks, national wildlife refuges, and federal (national) forests and national parks/seashores without any regard for the treatment of these animals, the ecological impacts of their removal, or the desires of MA citizens, the MA Carnivore Conservation Act provides a prohibition of hunting and trapping of all listed carnivore species in all state forests, state parks, national wildlife refuges, federal (national) forests, and national parks/seashores in Massachusetts. This provision is necessary to provide opportunities for biologists to track and study these animals as undisturbed populations and to provide opportunities for wildlife watchers to view and enjoy unhunted wildlife. Furthermore, providing protected sanctuaries for carnivores will allow these predators to fulfill their biological roles as part of intact fully functioning ecosystems. Finally, establishing protected zones for carnivores may help stabilize populations. For example, hunting and random killing of coyotes, who mate for life and rear their young together in packs, disrupts and destabilizes coyote populations often increasing reproduction and thereby leading to temporary, localized inflated populations.

f)     Whereas wildlife agents are often the first individuals to respond to reports or complaints about carnivores, the MA Carnivore Conservation Act provides a requirement to ensure that Licensed Animal Control Agents complete wildlife certification and training to ensure they conduct their duties professionally and lawfully. Pursuant to current MA Department of Fisheries and Wildlife regulations, Licensed Problem Animal Control Agents (PAC) must complete a wildlife and certification and training course. PAC Agents may only kill a carnivore at a private residence if the animal is causing documented property damage and/or is a documented public safety threat, and where non-lethal aversion and/or removal tactics have already been attempted without success. As with other wildlife, carnivores may not be destroyed simply due to their mere presence on a property

g)    Whereas Massachusetts General Law Chapter 131, Section 37 allows livestock owners to kill predators because of perceived risk, the MA Carnivore Conservation Act will amend the law and protect listed carnivore species by only allowing carnivores to be killed after documented damage occurs and a permit is issued from a state wildlife official. Furthermore, farmers will be required to use good animal husbandry practices, including but not limited to, the use of guard animals, protection for new born animals, proper fencing and or fladry, and proper disposal of carcasses. Where evidence of non-lethal attempts to avoid predation (such as penning sheep, use of guard dogs or other guard animals, cleaning up after births, etc.) is noted, then permission to use lethal methods of removal may be granted.

h)    Whereas the state of Massachusetts provides a wanton waste provision to prevent abuse and waste to other game species, the MA Carnivore Conservation Act creates a wanton waste provision for all carnivores. Under this provision, all listed carnivores (as well as raccoons) that are killed or crippled in a legal hunting season, as described in the above provisions, shall be retrieved immediately if possible, killed humanely, and retained by the hunter. This wanton waste provision is to be based on similar provisions for hunting of Migratory Birds and will prohibit someone from shooting and not retrieving a dead animal. For further information, see: (http://www.mass.gov/dfwele/dfw/regulations/abstracts/migratory_bird_regs.pdf

 4) Require the use of current and best available science in wildlife management decisions of carnivores. This involves abandoning principles that support the maximum utilization or killing of carnivores and requires accounting for the ecological importance of carnivores in fully functioning and robust systems and recognizing their innate social and family structures.

a)    Whereas wildlife management relies on sound science derived through biologists engaged in studying carnivores or other wildlife, the MA Carnivore Conservation Act will enable appropriate and qualified researchers to apply for and obtain Scientific Research Permits without political interference. The Massachusetts Division of Fisheries and Wildlife will grant scientific research permits to anyone providing a valid Institutional Use and Animal Care (IACUC) Protocol from a university/institution OR from an independent scientist(s) providing s/he has a M.S. and/or Ph.D. degree in a related field. This provision is intended to remove agency bias from qualified researchers who are studying controversial animals (i.e., carnivores) that are managed by an agency (Mass Wildlife) that is currently supported mainly from hunter license fees. Research permits will be granted by Mass Wildlife upon written request by the permitted and may be issued for multiple years as stated in the permittee’s written request.

b)    Whereas the Massachusetts Division of Fisheries and Wildlife now identifies the animal known in Massachusetts as the eastern coyote (Canis latrans), the MA Carnivore Conservation Act requires the department to recognize and also identify eastern coyotes as “coywolves” (Canis latrans x lycaon) in order to recognize their mixed species (western coyote x eastern wolf) background based on the most recent available science (Way et al. 2010, Way 2013). The eastern wolf (Canis lycaon), not the gray wolf (Canis lupus), is likely the native wolf that was originally found throughout MA until being extirpated in the 1800s. This wolf is genetically very similar to the coywolf found in MA today. However, for consistency, we refer to the animal as “coyote” throughout this document with the understanding that this animal has many names in northeastern North America, including eastern coyote, coywolf, brush wolf, new wolf, coydog, and northeastern coyote

c)    Whereas carnivores have been persecuted and subject to a high level of intolerance and the MA Department of Fish and Game does not employ a carnivore conservation biologist, this act will create a position for a carnivore specialist to study carnivores, to integrate non-lethal strategies in management objectives, and to promote education, tolerance and coexistence of carnivores for the purpose of retaining healthy fully functioning ecosystems now and for the future.

Who should vote YES for this petition:

– Predators like eastern coyotes, red and grey foxes, bobcats, wolves, and cougars are documented to be essential for maintaining ecosystem health yet the state of Massachusetts allows some of these species to be killed in unlimited numbers for up to half the year. Anyone who is interested in promoting fair and humane management of eastern coyotes, red and grey foxes, bobcats, and of potential future populations of cougars/mountain lions or wolves, in preserving a better natural balance for wildlife communities where they occur, and in preventing abuses to them, should vote yes. Those interested in carnivore ecology and better protecting predators should vote yes.

Who should vote NO for this petition:

– Anyone that wants to maintain the status quo of allowing hunters to kill unlimited numbers of these ecologically important animals for up to half the year with a valid hunting license, including being allowed to use bait, hunt from their house, and to hunt at night. Anyone who does not care about protecting wildlife from cruelty and abuse should vote no.

Co-Drafters of MA Carnivore Conservation Act

Louise Kane, J.D., Justice for Wolves, louise@kaneproductions.net

Jonathan G. Way, Ph.D., Eastern Coyote/Coywolf Research, jw9802@yahoo.com