Michigan Deer Poacher Tests New Law and Loses

By Glen Wunderlich

“Hello.  My name is Jacob Powers and I am a convicted poacher.”  Those are the words I’d have Mr. Powers repeat over and over to throngs of youngsters at Michigan schools and hunter safety courses, as part of his sentencing requirements under Michigan’s new enhanced guidelines for poaching deer.  Mr. Powers has earned the dubious distinction of being the first to test the teeth of new state laws designed to deter poaching of antlered bucks.

Before detailing his case, here are the specifics of the new progressive penalty system adopted earlier this year:

  • For any deer with or without antlers, the base restitution will be $1,000;
  • For any antlered deer, there will be an additional restitution of $1,000 plus;
  • For antlered deer with 8 to 10 points, an additional $500 will be assessed for each point; and
  • For antlered deer with 11 or more points, an additional $750 will be assessed for each point.
  • In addition, poachers also now face stronger penalties related to hunting privileges. Under previous law, poachers would lose their hunting privileges for the remainder of the year of conviction plus three years. Under the new law, poachers who kill an antlered buck will now lose their hunting privileges for an additional two years on their first offense (potentially six years in total) and an additional seven years on second and subsequent offenses (potentially 11 years in total).

Stiffer penalties for trespass have also been adopted.

Now, let’s get back to Jacob Powers.  On Sept. 21, Michigan DNR conservation officers responded to a complaint phoned in to the Report All Poaching (RAP) line involving an adult suspect, who allegedly killed two trophy white-tailed deer during the 2014 Youth Hunt, while acting as a mentor to an 8-year-old hunter.

After receiving the information from the RAP Line dispatcher, three DNR conservation officers began an investigation in Lowell and Grand Rapids attempting to locate Powers and two deer. Locating Powers at approximately 3 a.m. at his workplace, officers were able to obtain a confession to the incident and return to his residence, where they were assisted by the Lowell City Police recovering evidence.

Officers concluded their investigation issuing an appearance ticket with a court date and left the home. Five days later, a conservation officer discovered two hides and evidence of deer processing that had been dumped in a parking lot at the Lowell State Game Area in Ionia County. Having not recovered these items on the night of the original investigation, the officer returned to meet with Powers and obtained a confession to the littering on state lands, leading to an additional charge.

It was determined Powers had taken both deer himself that morning in Bushnell Township of Montcalm County, while accompanying an 8-year-old youth on his first hunt. Powers illegally tagged one deer with the Mentored Youth Tag issued to the young hunter and procured a second license tag from a 6-year-old female family member prior to transporting the animals.

At arraignment, Powers, 25, of Lowell, Michigan, entered a plea of guilty to the charge and was assessed $335 in fines and costs, $12,000 in restitution for payment to the state’s Fish and Game Protection Fund, and five days mandatory minimum jail time to be served as community service. In addition, Powers now faces up to five years of hunting license revocations in Michigan and 41 other states that participate in the Interstate Wildlife Violator Compact.

Powers has yet to appear on charges in Ionia County for littering.Officers seized two large antlered heads, meat and a shotgun used to take the animals while at the Powers residence.

The new poaching penalties outlined above just don’t seem to go far enough when youngsters are used as pawns for such scoundrels.  For that reason, I’d love to see the penalties doubled in all respects for such egregious and unthinkable “mentoring”, just as the penalties for injuring or killing a worker in a road construction zone doubles.

Michigan Deer Hunting Forecast

What to Expect Across the State

The 2013 season saw a drop in deer harvest in the majority of the Midwestern United States, and Michigan was not an exception. Hunting success decreased somewhat across the state; though a little more than 4 out of every 10 hunters were still able to take home at least one deer last season. The biggest decreases in deer harvest occurred in the upper and southern lower peninsulas. The Upper Peninsula experienced a severe and prolonged winter in 2012, and deer harvest was expected to decline as a result. Areas in the Southern Lower Peninsula were still recovering from the Epizootic Hemorrhagic Disease outbreak that occurred in the summer of 2012. More restrictive regulations along with lower than typical deer populations led to fewer antlerless deer in particular being taken in southern Michigan.

The winter of 2013 started early and continued late into spring throughout most of the state. Record low temperatures and above average snowfall made for difficult conditions for deer, most notably in the Upper Peninsula. Some areas may see decreased numbers of fawns and yearlings as a result but overall there appears to be good survival throughout much of the Lower Peninsula regions.

The 2014 deer season is forecasted to have similar success rates to last year. Please see below for more detailed information about the area you hunt and what to expect. Though, this may help to get you started with what to look for there is no substitute for scouting. The opportunity to find out which trees are producing, what deer trails are being utilized and what patterns deer are following this year is priceless information for a deer hunter. So, whether your goal is to get meat in the freezer, go for a wall hanger or simply get outdoors, Michigan’s deer seasons offer something for everyone. Best of luck to you hunters and have a wonderful and safe deer season.

Upper Peninsula

The Upper Peninsula (UP) has experienced back to back severe winters over the last two years. This has led to decreased deer numbers throughout the region with losses occurring most notably in this year’s fawns and yearlings. Biologists recommended closing all public land and all but three private land deer management units for antlerless licenses this year in order to allow deer numbers to rebound over the next three years. The three units currently open for private land antlerless licenses are located in the south central portion of the UP which typically has higher deer populations than anywhere else in the UP. Antlerless permits are available in Deer Management Units: 055 (Menominee), 122 (Norway), and 155 (Gladstone). October 2014 3

The production of mast (fruit and nuts) in the UP has been low throughout much of the region this year. There is some acorn and apple production but it is spotty throughout the region so hunters will need to scout in order to find these areas. Although mast production was low this year there was enough rain and heat to have a productive growing season giving deer many other food sources to seek out.

In general, hunters should expect to see fewer deer, especially in the younger age classes (fawns and yearlings). Always keep in mind that each area is influenced by local factors and conditions that affect deer density and sightings in that area. The largest bucks (heaviest and largest antlers) typically come from agricultural areas, but nice bucks are also taken from forested areas where access is limited and they have an opportunity to get older.

Northern Lower Peninsula

The deer population for the Northern Lower Peninsula (NLP) is expected to be similar to last year. Even with the severe winter this past year deer in the NLP came through it in fair to good conditions.

Deer sightings have been good throughout the region and many have reported seeing healthy fawns including many sets of twins. Though it appears some deer may have been lost due to the severe winter the main impacts observed from winter will likely be smaller body size and antlers rather than lower populations.

Mast production (fruits and nuts) has been good throughout the region. High production of acorns, apples and beechnuts has been reported. Deer should be targeting these areas frequently. Scouting to find these areas will be very important. Contacting your local wildlife office may be a good first step; they may be able to give you insight as to which areas are producing.

Expect to see similar deer numbers to last year throughout most of the NLP. Many areas may see more 2.5 year old bucks this year as well since a number of NLP counties began a 3 point antler point restriction last year which allowed the majority of 1.5 year old bucks to mature to the next age class this year. All NLP Deer Management Units are open for antlerless hunting so be sure to look in the 2014 Antlerless Deer Digest if you are interested in obtaining an antlerless license.

Southern Lower Peninsula

Abundant food and cover in the form of agricultural crops and scattered swamps and woodlots provide very good habitat across the southern Michigan landscape. This high quality habitat, combined with relatively mild winter conditions, typically results in a more abundant and productive deer population compared to other regions of the state.

Over the last decade or more, deer population estimates and indices (including deer/vehicle collisions, crop damage complaints, and observations of deer by the hunting community and field staff) in the Southern Lower Peninsula have stabilized or declined. In many instances, reductions were intended to reduce conflicts that can occur when deer October 2014 4

populations are high, though the Department still desires to keep adequate deer for enjoyable hunting and viewing experiences. Repeated outbreaks of Epizootic Hemorrhagic Disease (EHD), however, have also occurred over this period. Though individual EHD outbreak sites affect deer at the scale of a township or smaller, these outbreaks have likely produced more variability in deer densities across southern Michigan than has occurred in many years. Populations in a number of locations are likely now at or closer to goal than they have been for some time and in some cases deer population should be increased. Management efforts are now being directed towards distinct areas at a smaller scale than larger, regional regulations and Deer Management Units that were formerly in place. Research is underway to improve understanding of the duration of EHD impacts that hunters and landowners should expect to see where outbreaks have occurred. Given the higher proportion of land in private ownership in this region, and the often small property sizes, the Department is working to find more ways to support good deer harvest and habitat management decisions among networks of private landowners and hunters.

 

Why You Should Be Planting Food Plots

By Todd Amenrud – Today’s whitetail managers know what an important role food plots play in the drive towards a healthy herd and bucks with bigger antlers. Food plots can transform deer management, even on small tracts, and make your hunting dreams come true. What’s the big difference between food plots and their native vegetation? Or, why couldn’t supplemental feeding have the same impact? Here’s why:

On average, native vegetation will produce about 200 to 300 pounds of deer food annually at approximately 6% to 12% protein. However, if they actually consumed that much you would see a browse line about 6 feet high and the habitat would be destroyed. So they can only use about 100 pounds per acre without destroying the area. Read more

Clarification on firearm use during archery season

The Michigan Natural Resources Commission recently adopted several changes to the Deer Management Assistance Permit (DMAP) program, in order to provide additional assistance to landowners on an individual basis.

A DMAP is a permit that allows for the take of an antlerless deer and may only be utilized during an open season for deer. In order for a landowner to receive DMAPs, one of the following four criteria needs to be met:

  • Significant agricultural or horticultural damage.
  • Documented serious disease outbreak that threatens humans, livestock or deer health.
  • Significant safety hazard caused by deer.
  • Current antlerless deer regulations insufficient to achieve landowner deer-management objectives.

In the past, individuals possessing a DMAP were able to utilize only the legal equipment for that particular hunting season (e.g., only archery equipment could be utilized during archery season). However, in some cases archery equipment has proven to be ineffective, and damage incurred by deer has continued through the season as a result.

The new change to the DMAP program will allow a DMAP holder, on a case-by-case basis, to seek additional signed permission to harvest deer using a firearm during select time periods of the archery season. DMAP holders will be required to have hunted their property during the archery season for the last two years and be in good standing with the DMAP program, meaning they have reported all DMAPs requested, issued and utilized on an annual basis. Read more

Western Yellow-Billed Cuckoo Receives Federal Protection under the Endangered Species Act

Sacramento – The western population of the yellow-billed cuckoo will be protected as a threatened species under the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service announced yesterday. The Service determined that listing a distinct population segment (DPS) of the bird in portions of 12 western states, Canada and Mexico is warranted. In the U.S., the DPS will cover parts of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, Wyoming, Montana, Oregon and Washington. Read more

Massive CWD Outbreak on Iowa Deer Farm

DES MOINES – The Iowa Department of Agriculture and Land Stewardship announces that the test results from the depopulation of a quarantined captive deer herd in north-central Iowa showed that 284 of the 356 deer, or 79.8% of the herd, tested positive for Chronic Wasting Disease (CWD). The owners of the quarantined herd have entered into a fence maintenance agreement with the Iowa Department of Agriculture and Land Stewardship, which requires the owners to maintain the 8′ foot perimeter fence around the herd premises for five years after the depopulation was complete and the premises had been cleaned and disinfected. Read more

Do Your Scouting Now with the Award Winning Bushnell Wireless Trophy Cam HD

Overland Park, Kan. – Bushnell Outdoor Products, an industry-leader in high performance sports optics and outdoor accessories for 65 years, was recently named a winner in the Field &Stream annual Best of the Best awards for their new Wireless Trophy Cam HD trail camera.

With hunting seasons starting up all across the country, the Wireless Trophy Cam HD is the ultimate next generation scouting tool. With the transmission of thumbnail images via email or text, hunters can monitor activity and keep an eye on the woods in near real time, while an exclusive free smart phone app allows hunters to quickly modify camera settings. Hi-res images are saved to the web portal (www.wirelesstrophycam.com) where users can download images or change camera settings remotely. Now hunters no longer need to walk around their hunting areas, making noise and spreading scent around. You can literally have the camera scouting for you right up until it’s time to go hunting. Read more

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