Paul A. Smith

Milwaukee Journal Sentinel

A Franklin man, holder of one of just five tags offered to non-tribal members, has been charged with illegally shooting the first bull elk killed by a state-licensed hunter in Wisconsin's inaugural elk season.

Joe Wiltzius, 73, was cited by the Department of Natural Resources for shooting the 5-by-5 bull Oct. 15 as it stood on Forest Road 174 in Round Lake Township.

State statute prohibits discharging a firearm from across a roadway.

Since he was standing on or near the gravel road when he took the shot with a .300 Winchester Magnum rifle, Wiltzius also was charged with hunting within 50 feet of the center line of a roadway.

In addition, he faces a potential $2,000 wild animal surcharge if deemed appropriate by a judge, said DNR warden supervisor Dave Zebro.

The DNR issued the citations Tuesday in Sawyer County court.

The 2018 elk hunt, the first regulated elk season in state history, has attracted strong interest from hunters, the public and media.

Following a 1995 reintroduction of 25 elk near Clam Lake, earlier this year the population exceeded 200, meeting a state requirement for a limited hunt for bulls.

Under state rules, five tags were made available to state residents and five were provided to American Indian tribes.

Four of the state tags were issued through a DNR lottery. The agency received about 38,000 applications, which, combined with $13,000 in donations, raised nearly $400,000 for elk management in Wisconsin.

A fifth state tag was raffled off by the Rocky Mountain Elk Foundation. The names of the five winners were kept secret.

Until Tuesday, that is, when it was revealed in charging documents that Wiltzius was one of the five. He was the winner of the RMEF raffle, Zebro said.

According to DNR records, Wiltzius was hunting with a guide and a friend.

About 3:30 p.m. Oct. 15, the trio encountered the bull elk on Forest Road 174. Wiltzius' first shot from about 100 yards dropped the animal on the west side of the road, and two followup shots killed it.

The men then dragged the elk into woods to gut it. A DNR biologist called to the scene to verify the kill and take samples thought something "wasn't right," Zebro said.

Subsequent interviews and investigations by DNR conservation wardens resulted in the charges.

Among the evidence was a .300 Win. Mag. casing matching Wiltzius' ammunition found along the roadway. Forest Road 174 is about 25 feet wide and covered with gravel at the site of the shooting, according to DNR records.

The DNR seized the antlers and hide. The venison, now at a processor, also will be held by the agency until the case is adjudicated. It will then likely be donated to a food pantry, Zebro said.

The guide and friend are not named in the citations and are not expected to be charged. However, the case remains open, Zebro said.

The guide may lose his guiding license offered through the DNR or U.S. Forest Service, or both.

Todd Schaller, DNR chief warden, said in a statement the alleged actions of one individual do not represent other hunters nor diminish the success of the elk program.

“Many partners and individuals contributed to this great conservation story in Wisconsin, which allowed us to hold this first hunt,” Schaller said. “The state is dedicated to ensuring hunting laws are honored to make sure it is a fair and safe hunt, and this case is a reflection of that.”

Tribal members have completed their harvest of five bulls, according to the Great Lakes Indian Fish and Wildlife Commission. The four holders of the tags issued through the DNR lottery have yet to kill an elk, according to Kevin Wallenfang, DNR elk and deer ecologist.

The elk season opened Oct. 13 and runs through Nov. 11, then pauses for gun deer seasons, and reopens from Dec. 13-21.