Wisconsin v Post, Unpublished Decision, #93-0015, 6/29/93


If you were thinking of keeping a Michigan cougar without the proper permits, think twice. Not only is that against the law according to the Endangered Species Act, but Donald Post in Wisconsin found out that DNR's claims of non-native cougars doesn't help either.


In 1993, Donald Post, Wisconsin, was convicted of possessing a cougar without Wisconsin DNR authority. He argued that cougars are not natural resources or native animals of Wisconsin, and therefore, never intended to be subject to regulations under the rubric "fish and game". In support of his argument that cougars are not native animals, he states, "There are some captive released cougars present in the wilds of Wisconsin".


The court denied Mr. Post's appeal but declined to take judicial notice that wild cougars were indeed indigenous to Wisconson. They did say that there are certainly experts who believe the cougars were indigenous like Dan Small (Article in the February 1990 Wisconsin Sportsman) and Roger Caras (1967 North American Mammals).



So what does this mean in Michigan? Even though Mr. Post's case was an unpublished, out-of-State court decision, Michigan courts may consider it if the same issue comes up in Michigan. So, even if the DNR says we don't have cougars in Michigan, the court may choose to consider input and research of other wildlife experts to make that determination. Bottom line - don't keep a pet cougar - its illegal for many reasons.