An Exception to Michigan’s Deer Feeding/Baiting Ban
By Glen Wunderlich Outdoor Columnist Member Professional Outdoor Media Association
Baiting is back! One Ken Borton, who had fought a charge of illegally feeding deer by wildlife officials, not only got his case thrown out, but the ban on feeding and baiting deer in the Lower Peninsula was struck down. Otsego County’s 87th District Judge Patricia Morse stated, “The statute as drafted gives no guidance as to where and how to exclude wild animals from foraging near bird feeders. It leaves too much room for selective enforcement. It allows fact finders to rely on subjective criteria to determine criminal liability.”
So, that’s that. Or, is it? Clouding the verdict is this question: Does lifting of the ban apply to the entire Lower Peninsula or only Otsego County? When the baiting ban was struck down, conservation groups were taken by surprise and appear to have no immediate course of action formulated. When I asked MUCC Executive Director, Erin McDonough for a response she said, “No comment.” The Quality Deer Management Association is just as tight-lipped. However, I have learned from the MUCC website that the ban lifting only applies to Otsego County.
Although a punt might do for now, you can bet some serious huddling will take place soon. The MUCC and QDMA supported the ban, and unless I miss my guess, still will. This may be a good opportunity to rethink the drastic measures that were taken when the zero-tolerance law became effective.
It’s now been years since the Kent County private facility was found to harbor a whitetail deer with Chronic Wasting Disease (CWD). It’s also been a couple of years since the unexplained case of Bovine Tuberculosis (TB) was found on a Shiawassee County deer; each area has been verified by the DNR to be free of these diseases since after testing tens of thousands of deer.
Personally, I will not be baiting deer, if the ban remains lifted. But, if the conversation moves beyond ethics, there may be some middle ground that can be explored. Biologists agree that CWD and TB are transmitted through nose and mouth contact, which is often the case when piles of bait are used. It seems to make sense to return to a baiting regulation similar to the one we had before the outright ban. Kernels of corn slung about in a large area obviously present less risk of close-quarters contact than a pile of apples or a block of salt or other sweet licks.
If the issue is to contain the spread of disease, the effort to date has been successful – including the TB zone in the northeast area of the Lower Peninsula.
If I appear to be in the middle on this issue, I guess I am. But a more level-headed approach may satisfy concerns of wildlife biologists, while at the same time could allow those who choose chum to chum.
On a tangent, Ken Borton, the man charged with the feeding crime has an interesting web site at www.KenBorton.com. He uses a live web cam and shows the temperature in Gaylord and level of snow in the winter. At any time you may see a turkey, deer, or other wildlife in view. In fact, a camera was focused on one of his bird feeders and deer were often seen feeding on spilled seed. Someone turned him in and that’s what set the wheel in motion – and, where she stops, nobody knows. Because someone else may test the law, if and when he or she is cited for a feeding infraction.
