Wisconsin Citizens Concerned for Cranes and Doves v. Department of Natural Resources
Wisconsin Supreme Court
677 N.W.2d 612 (2004)
- Written by Colette Routel, JD
Facts
Wisconsin Citizens Concerned for Cranes and Doves (Wisconsin Citizens) (plaintiff) sued the Wisconsin Department of Natural Resources (DNR) challenging the DNR’s decision to establish a hunting season for mourning doves. Wisconsin Citizens argued that the DNR’s regulation exceeded the authority delegated to the agency by the Wisconsin Legislature. More specifically, Wisconsin Citizens noted that in 1971, the Wisconsin Legislature designated the mourning dove as a state symbol of peace and removed it from the definition of “game birds” in Wisconsin law. State law still allowed the DNR to establish hunting seasons for “fish and game” and defined “game” to include “wild mammals or birds.” Wisconsin Citizens argued that since the mourning dove was not a game bird, it should not be considered game, and the DNR should not be able to authorize a hunting season for the bird. The DNR asserted that it could authorize hunting for any birds, which included mourning doves. The lower courts agreed with the DNR’s argument, and Wisconsin Citizens appealed.
Rule of Law
Issue
Holding and Reasoning (Wilcox, J.)
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