Wednesday, September 24, 2008

MICHIGAN NEWS: Legal Challenge to Deer Feeding Law

Several opponents of a ban on baiting and feeding deer in Michigan's Lower Peninsula are fighting it in circuit court.

Their petition was filed Tuesday in Ingham County.

The Department of Natural Resources imposed the ban in August after Michigan's first case of chronic wasting disease was discovered at a captive deer operation in Kent County.

Officials fear baiting and feeding encourage wild deer to congregate, making it easier for disease to spread.

The petition was filed by a beet and carrot grower, a licensed wildlife rehabilitator, a store owner and hunters.

Farmer Gerald Malburg tells the Ludington Daily News deer baiting provides the only market for his carrots.

A DNR spokeswoman tells the newspaper she can't comment because the matter is in litigation.

Source: MLive

2 comments:

Anonymous said...

I am no lawyer, but I do not believe the Michigan DNR has the legal right to impose a feeding ban. Their job as conservation officers is to enforce Michigan laws, not legislate law. Example: Some years ago the DNR said it was illegal for a person who had an unrestricted CCW to carry in the woods during hunting season. Well, when the state carry law was being changed the State Government determined that the DNR regulation that had been in force actually had no legal base. The State Legislature clearly defined that it was legal to carry during hunting season with a CCW and DNR has no legal authority to rule otherwise. Whats next, the Michigan Department of State Police regulating the speed limits on the highways?

Anonymous said...

It's obvious you are no lawyer. All I want is my stimulus check.