Questions the DNR Apparently Refuses to Answer

Here are several policy and practice questions concerning certain bear hunting regulations.

I have asked the DNR for the answers to these questions in writing because they will be posted to this public blog. So far I have received no response.

And, I have asked the agency to please NOT take the liberty of addressing all of these questions together in one policy statement that could only, therefore, be relatively abstract. We need the answers question by question. The whole point here is that the regulation addressed below by these questions is not specified enough.

Alternatively, the DNR could take the position that it is the natural and appropriate behavior of a modern regulatory agency to leave its regulations unclear, incoherent, or even irrational, until they are reformed by court tests or legislation thus maximizing the discretionary power of the agency for as long as possible.

That answer too, of course, would be posted on this public blog.

The rule of law seems to imply simplicity, clarity, coherence, and rational purposiveness.

Here are the so-far-unanswered questions:

1. The DNR regulation prohibiting the use of non-biodegradable containers at bear bait stations does not appear to distinguish between private and public property. Is this distinction in fact lacking in the regulation?

2. Is the purpose of the prohibition on the use of non-biodegradable containers on public land to prevent, in effect, a private use of public land – the storage or dumping of anything, including bear bait in containers?

3. The bear hunting regulations apparently allow for “attended” non-biodegradable containers on public land. Are non-biodegradable containers on private land NOT considered attended, and, if so, why not? What is the definition of “attended”? Why wouldn’t containers be considered “attended” on private land by definition?

4. Is storage of bear bait on private property in non-biodegradable containers prohibited altogether? If not, why would the DNR take an interest in precisely where those containers are on private land? Where does the DNR’s power to regulate this come from?

5. If the storage of bear bait on private property in non-biodegradable containers is not prohibited, why would the use of non-biodegradable containers be prohibited specifically at a bait station on private property?

6. A Conservation Officer has provided an ad hoc opinion that property owners should keep their non-biodegradable bear bait containers “at least” 100 yards from a bait station on private property. Is there a foundation in law for this, or is this just an exercise of discretionary power? If it is the latter, please identify the state law that gives the DNR this specific power.

7. If property owners otherwise have the right to deploy non-biodegradable containers on their private property, what purpose is served by requiring substantial separation from the hunting station? Does this, for example, serve the purpose of making it harder for them to resupply the station? What, in turn, would the purpose of that be?

8. If someone had only one acre of private land to both store bait on and hunt on, would this 100 yard ad hoc standard still apply?

9. Is it the goal of DNR regulations to make both the access to and difficulty of bear hunting equivalent between all hunters? If so, how could this be accomplished without interference to an absurd degree? Someone might have private land full of bears. Very few have that advantage. Someone might have a better gun and be a better shot. Only some can afford better bait. And so on. Is adding 100 yards of difficulty to the resupply of a bait station on private land, meant to level the playing field? What would the purpose of this be?

10. If the separation of bear bait storage barrels from a hunting station on private land is meant to simply make things more difficult, would one be violating your goal by using an ATV, which is also only allowed on private land, to bring the bait to the hunting station?

11. In prescribing the location of non-biodegradable containers on private land, the DNR is clearly intruding upon the details of the deportment of private property. Is this the intent? If it is not the intent, why is it happening?

12. Does the DNR disagree that the details of the deportment of containers on private property would normally be regulated by the city and the county, and not the DNR?