


May 12, 2010
Hurteau: The Other Side of the Michigan Bait-Ban Case
By Dave Hurteau
In April, I posted a link on the Field Notes blog reporting that Michigan District Court Judge Patricia Morse ruled the Lower Penninsula’s deer-baiting ban "unconstitutionally vague” in tossing out a case in which one Ken Borton faced misdemeanor charges levied by the DNR because, according to the Lansing State Journal, his backyard bird feeder was attracting deer.
In your comments, several of you suggested that the DNR was overstepping, but MLH offered this:
[The Bortons] have a very popular website where people can view, night and day, all types of wildlife that come to their feeders. Turkey, deer, and bears show up. You could count on seeing deer at the feeder almost every night. Even though they aren't baiting the deer for hunting, this setup pretty much counters the intent of the DNR to keep deer from eating in a confined space and potentially spreading disease.
And he got himself a -1 for his trouble. But it appears that MLH scooped the local media by about three weeks. Here’s the latest, from The Times Herald:
Before you feel any sympathy for Ken Borton, consider three things:
He has been feeding deer in an area where deer infected with bovine tuberculosis have been found.
He was warned before he was ticketed.
He baits deer for money….
He's putting the state's deer herd in jeopardy to so he can keep his rental cabins full. Check out his Web site. He has taken down the deer photos. But there aren't any bird photos, either. Instead, what you'll notice are the photos of bears frequenting the feeders. Borton knows that deer and bears are attracted to the feeders and that's what he's using to promote his rentals.
It's smart business. Borton knows exactly what he's doing….
That's why the state Attorney General's office, on behalf of the DNRE, has appealed Morse's ruling.
Check out the full story and tell us your reaction. Do these details change your mind about the case?
Comments (6)
My appologies to MLH! I forgot to grade his response. We're in a place now where man can really affect the environment through his actions. Uncontrolled deer feeding will spread disease in Lower Michigan. If we get that disease up here in the U.P., we'll have to respond accordlingly. We're facing an onslaught of introduced biotic agents, including animal disease, marine life (Asian Carp, Zebra Mussels), plant disease and plants themselves that were introduced. Government seems to step in too late in most cases. In this case, they were on top of the situation but are thwarted by the courts. I'm very hopeful that this appeal will go in the State's favor.
i'm with Yooper.
I also live in the UP and take the very unpopular view that baiting should be banned. I have hunted and fished all my life in God's country and my dislike, besides the possibility of disease, is the amount of trash it brings into the woods plus fellow hunters appear to feel they own a portion of OUR State and National forest if they are baiting an area. I don't know how many bags and plastic buckets I have hauled out of the woods, and how many times I have been yelled at because "YOU'RE WALKING RIGHT THROUGH MY BAITING AREA" (Honestly I don't do it intentionally, but some of these areas apparently extend several hundred yards from the bait pile). I'm sorry for being old fashioned, but I'm also not fond of the FOUR-WHEELER TRAILS that are being cut through our forests where we all used to wander quietly looking for something with antlers. Thanks for listening to an old man's pet peeeves.
People do not realize the harm done to all wildlife when they are brought together by use of baiting. Especially the diseases with the deer herds in a lot of our states now. Here in WV we have CWD and the last thing we need is deer brought together in one place. Also turkeys will contact diseases from feeding together in one place. Usually people will change their mind about the DNR's when as Paul Harvey put it " And now for the rest of the story".
I think miss anti hunter Becky and the dnr, pulled a lot of wool over the eyes of a lot of michiganders.
The Michigan DNR has not proven, at least to me, that baiting will hurt our deer herd. The only diseased deer have been on "deer farms". After baiting has been allowed for many years, it seems that if it was a problem we would have had cases confirmed in the wild herd. This would be especially true in the Northern half of the Lower Peninsula where baiting has been a multi-million dollar business for years. Tons of sugar beets, carrots, and apples have been put out over several years with no cases of any disease in this area. So where is the problem? It is with the DNR! They do not have the hunter`s or the herd`s best interest in mind when they pass these laws. They are inept and politically motivated. If you don`t believe they are inept, ask any three DNR officers or their superiors to define "hunting over bait". You will get three different answers that all "beat around the bush" like a politician.Even their website can not come up with an answer to this very basic question. Their answer? "It is up to the individual officer to determine if you are violating the law" It is time we got politics out of the hunting and fishing laws.
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I also live in the UP and take the very unpopular view that baiting should be banned. I have hunted and fished all my life in God's country and my dislike, besides the possibility of disease, is the amount of trash it brings into the woods plus fellow hunters appear to feel they own a portion of OUR State and National forest if they are baiting an area. I don't know how many bags and plastic buckets I have hauled out of the woods, and how many times I have been yelled at because "YOU'RE WALKING RIGHT THROUGH MY BAITING AREA" (Honestly I don't do it intentionally, but some of these areas apparently extend several hundred yards from the bait pile). I'm sorry for being old fashioned, but I'm also not fond of the FOUR-WHEELER TRAILS that are being cut through our forests where we all used to wander quietly looking for something with antlers. Thanks for listening to an old man's pet peeeves.
The Michigan DNR has not proven, at least to me, that baiting will hurt our deer herd. The only diseased deer have been on "deer farms". After baiting has been allowed for many years, it seems that if it was a problem we would have had cases confirmed in the wild herd. This would be especially true in the Northern half of the Lower Peninsula where baiting has been a multi-million dollar business for years. Tons of sugar beets, carrots, and apples have been put out over several years with no cases of any disease in this area. So where is the problem? It is with the DNR! They do not have the hunter`s or the herd`s best interest in mind when they pass these laws. They are inept and politically motivated. If you don`t believe they are inept, ask any three DNR officers or their superiors to define "hunting over bait". You will get three different answers that all "beat around the bush" like a politician.Even their website can not come up with an answer to this very basic question. Their answer? "It is up to the individual officer to determine if you are violating the law" It is time we got politics out of the hunting and fishing laws.
My appologies to MLH! I forgot to grade his response. We're in a place now where man can really affect the environment through his actions. Uncontrolled deer feeding will spread disease in Lower Michigan. If we get that disease up here in the U.P., we'll have to respond accordlingly. We're facing an onslaught of introduced biotic agents, including animal disease, marine life (Asian Carp, Zebra Mussels), plant disease and plants themselves that were introduced. Government seems to step in too late in most cases. In this case, they were on top of the situation but are thwarted by the courts. I'm very hopeful that this appeal will go in the State's favor.
People do not realize the harm done to all wildlife when they are brought together by use of baiting. Especially the diseases with the deer herds in a lot of our states now. Here in WV we have CWD and the last thing we need is deer brought together in one place. Also turkeys will contact diseases from feeding together in one place. Usually people will change their mind about the DNR's when as Paul Harvey put it " And now for the rest of the story".
I think miss anti hunter Becky and the dnr, pulled a lot of wool over the eyes of a lot of michiganders.
i'm with Yooper.
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