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| According to the Michigan Endangered Species Act, Sect. 324.36502, the DNR shall perform acts necessary for the conservation, preservation, restoration, and propagation of endangered or threatened species in cooperation with the federal government. |
| In 1987, the Michigan Department of Natural Resources placed the Michigan Cougar on the endangered species list. By doing so, the Department established a special relationship with Michigan's Cougar. The relationship dictated that the Department "shall" perform acts necessary to conserve, preserve, restore, and propagate. |
| In 1994, the existence of Michigan cougars was further documented in "Endangered and Threatened Wildlife in Michigan" by Dr. David Evers, a publication funded by the Nongame Wildlife Fund of the Natural Heritage Program of the DNR and reviewed by no fewer than six active and retired DNR wildlife officials. The book talked about adult cougars AND kittens. (p.62). In fact, the conservation management recommendation reads as follows, "The existence of the cougar in Michigan has only been recently confirmed. Whether individuals are from small, remnant populations that survived human pressures through the last two centuries, transients from the western Great Lakes region, or privately released (or escaped) western subspecies, the cougar needs to be recognized, protected, and studied in Michigan's Upper Peninsula". (p. 62) |
| The Michigan Legislature agrees that Michigan has cougars. In the 2001 "Michigan's Natural Resources and Environment: A Citizen's Guide", it states, "The gray wolf, cougar, lynx, and prairie vole are examples of endangered animals that can be found in Michigan." (p. 17) This report is prepared by the Michigan Legislature Legislative Service Bureau Science and Technology Division. |
| "Every two years, the Department of Natural Resources shall conduct a review of the animals listed on the Michigan Endangered Species List and amend the list appropriately." Sect. 324.36503. Each assessment since 1987, has continued the Michigan Cougar as endangered. Thereby, continuing the Department's special relationship to this animal today. |
| The DNR says they don't have to enforce the rules of the Endangered Species Act and perform acts necessary because they don't have proof of a breeding cougar population. Despite Director Rebecca Humprhies statements in February, 2005, that Michigan does have cougars and field staff have included notes of same, the DNR conviction is that the only cougars in Michigan are released pets with the exception of a 2003 statement from DNR Ray Rustem. Rustem stated, "Some cougars might have bred in Michigan in recent years, but they are pets that escaped or were released, or wild cougars that wandered in from Minnesota and Wisconsin." If you review Section 36502 of the Act, you'll notice that it does not say the Department shall perform acts if there is an existing breeding population or a determination of wild vs. released pet. Even the DNR's own sponsored 1984 book, "Endangered and Threatened Wildlife of Michigan" - quoted above - disagrees with DNR on this position. These are policy decisions implemented by the Department, not requirements built into the Endangered Species Act. |
| To-date, the Michigan DNR has the following solid evidence of cougars in Michigan: |
| Following the passage of Proposal G, the DNR and NRC are REQUIRED to manage Michigan wildlife based on sound scientific methods. Failure to do so violates the Endangered Species Act. |
| The Michigan Endangered Species Act does not require a breeding population or determination of a wild vs. tame cougar for the Act to take effect. It requires that the Department shall perform "acts necessary" once an endangered species has been located. Based on the statements of DNR Director Humprhies alone, that criteria was established in 2005. The above-listed evidence only helps complete the State-wide picture of the cougar's existence. |
| I believe that the following quote by Ray Rustem, DNR Natural Heritage Director, sums up the State's position, "If we could verify cougars and found there was a small population, what would we do? We might want to do some education like we do with wolves, but I can't do everything for every species. The (endangered species) law says we should be managing them, but I don't have to drop everything to do it. We have staffing, time and budget constraints, so they're not going to be a priority." - Grand Rapids Press, November 26, 2004. If you'll notice Rustem's language, "the law says we 'should' be managing them" is present tense, not future. |
| In 1966, the Department had notice of cougar existence in Michigan when DNR conservation officer Francis Opolka and another officer observed a cougar near Cornell in Delta County. A plaster cast of the cat's track was made and verified as a "large cat" by University of Michigan biologists. But it wasn't until 1987, the cougar was listed as endangered, and the Department did not even add it as a reportable endangered species on their website until January, 2002. It is my opinion that beginning in 1987, the DNR has violated the Endangered Species Act by failing to perform acts necessary to conserve, protect, restore, and propagate the Michigan Cougar. |
 
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