Wisconsin’s Chippewa say they’re confident that an appeals court ruling last week will open the door to safe and responsible night hunting in ceded territory.
The Wisconsin DNR hasn’t allowed deer hunting at night outside of reservation boundaries, and a federal judge has twice upheld the restriction out of concern for public safety. But last week an appeals court in Chicago ruled the opposite and sent the case back to U.S. District Court, saying the state hasn’t provided proof that night hunting is dangerous.
As Lac du Flambeau tribal spokesperson Brandon Thoms explains, the Chippewa tribes believe the practice can be carried out responsibly.
“the fact of the matter remains that tribes have been hunting on reservation at night for years, have done so safely. In twenty years there have been maybe two accidents in all of Wisconsin regarding night hunting. And it just really speaks to the level of expertise that hunters use when they’re out there trying to provide for their families.”
The tribes have proposed a regulated night hunt in ceded territory…requiring hunters to take a safety course and submit a shooting plan.
As Thoms explains, a tribal hunter will first survey the area during the day, and then hunt at night using a bright halogen light.
“The best way I can describe it is the saying a deer caught in the headlights. When you shine a high powered light in the eyes of a deer, it tends to freeze. And it provides a very stable, stationary target.”
Thoms says that makes it less likely a hunter will shoot off-target.
In Thursday’s ruling, appellate judge Richard Posner also suggested night hunting could be safer than hunting during the day, because there are fewer people out.
Minnesota, Michigan, Oregon and Washington state allow tribal night hunts.
Thoms says it’s not the end of the legal battle, and the tribe has no plans for an off-reservation night hunt at this time.
