Richard J Wenning, Wenning Environmental LLC, Portland, Maine, US
Published on JD Supra, 25 November 2025
ABSTRACT:
The management of American bison in the US is fraught with legal, ecological, and political debates arising from the movement of wild and managed herds across private, tribal, state, and federally owned lands. The central tension in bison conservation is the ambiguity in how the public trust doctrine applies to bison herds and the expectations and rights of landowners affected by unwanted incursions. Unbeknownst to the bison, it lacks a clear status under wildlife law, and its gruff, tough free spirit sparks debate over property rights, tribal sovereignty, and public safety. The debate over bison roaming onto private property highlights the tensions between wildlife law and property rights. Landowners facing a seemingly endless cycle of damaged fences, crops, and water systems seek compensation for the costs of expensive repairs and losses. Tensions also arise when tribal bison cross onto non-tribal lands or when state regulations intersect with tribal wildlife management prerogatives. And, unlike other big game species such as elk, wolves, and grizzly bears, the bison lacks a precise legal classification and federal protections under the Endangered Species Act (ESA). Should bison refer to themselves as wildlife, livestock, or a big game animal? To address these challenges, a coordinated governance approach is needed. Management improvements include clarifying bison’s legal status, coordinated co-management across jurisdictions, implementing compensation programs for landowners, and a more rational, science-based disease policy. Given shrinking open land and rising human–wildlife conflict, the fate of wild bison will depend on a sustainable management strategy that ensures the ecological and cultural preservation of this iconic North American species while balancing ecological and cultural values with private-property rights and long-term coexistence. And someone really should talk to the bison about their roaming habits…
