The business of the baiting ban
By Rick Charmoli
Scott Wilk is not looking to abuse his power but he does intend to enforce the law.
As the acting lieutenant for the DNR Law Enforcement Division Cadillac, Wilk said he doesn’t want the power to tell people they can sell a legal product even if it potentially is going to be used to break the law.
This is just one of the quandaries associated with the baiting ban for deer.
"It is illegal to bait for deer, but there is no prohibition against selling it. It is America, and they can’t tell you what you can’t sell," he said. "If you look at it from the standpoint of can we order someone you can’t sell a legal product, I don’t think I want that power to tell people they can’t sell a legal commodity."
Once that commodity is purchased, however, Wilk said whether it is carrots, apples or sugar beets, it is up to the person who buys it to follow the law. If they don’t, that is when Wilk and other DNR enforcement officers will get involved.
"It is still legal in the U.P., but a person is taking the risk of breaking the law if you keep it down here (in the Lower Peninsula)," he said.
WHAT ENFORCEMENT OFFICERS ARE SEEING
There are two things the DNR is seeing in the field when it comes to the baiting ban, according to Wilk.
First, he said, there are fewer people baiting. Secondly, he said the people who are illegally baiting are using less bait than before.
While he admits that people are still baiting despite the ban, he was surprised that there are not more people breaking the law.
"There is a lot more compliance than a lot of us thought there would be. This is the second year and it is better than the first year," he said. "There are quite a few people who are still doing it, though." During the bow season, Wilk said it is much harder to find the bait piles but when the firearm season starts next weekend, he said finding the bait piles will be much easier.
"The baiting ban is for all seasons. Bow hunters use bait to get a closer shot but you have more hunters afield during firearms season," he said. "It is more difficult to find bait piles during bow season because of the foliage on the trees. It is a lot easier during firearms season."
WHAT HAPPENS IF YOU ARE CAUGHT BAITING?
With this being the second year of the baiting ban, Wilk said the DNR is past the point of offering a warning for baiting. He also said the penalty differs from county to county when it comes to receiving the baiting misdemeanor ticket. In general, the ticket can be anywhere from $50 to $500.
"The penalty is different in Newaygo County than it is in Wexford County. It is usually higher than $50," he said. "Courts tend to crank it up when they find people aren’t listening."
WHAT’S THE FUTURE OF THE BAN?
In Lansing, 103rd District Rep. Darwin Booher, R-Evart, said he didn’t like how the baiting ban was instituted.
After the one animal tested positive for chronic wasting disease at a privately owned facility in Kent County, Booher said the DNR implemented its plan of action. Since it was in August and many hunters had purchased their bait, they were not left with many options.
"They (the DNR) implemented their plan of action, and I didn’t like the way it was implemented," Booher said.
As for the future, the ban is in effect indefinitely. On Oct. 10, 2008, the Natural Resource Commission took action to make the ban permanent. Unless another wildlife order comes before the NRC to change the ban, it will remain permanent, according to DNR spokesperson Mary Dettloff.
With the governor and many House and Senate members unable to seek re-election, as well as the combination of the DNR and DEQ, Booher said he is going to take a wait-and-see type of attitude when it comes to the future of the ban.
"I think things could change rapidly when the DEQ and DNR combine," he said.
rcharmoli@cadillacnews.com | 775-NEWS (6397)
• This ban in the Lower Peninsula was initiated in August 2008 in response to positive Chronic Wasting Disease (CWD) test results from a single deer from a privately-owned facility in Kent County.
• The DNR CWD Plan requires a ban on all feeding and baiting of all cervids (deer, elk, and moose) within the peninsula where CWD is detected.
• In addition, bear baiting regulations prohibit the use of any materials that attract deer or elk where it is unlawful to bait or feed deer or elk.
• Therefore, bear baiting is limited to meats, meat products, fish, fish products, or bakery products at any time in any location in the Lower Peninsula.
• In the Upper Peninsula the volume of bait scattered on the ground cannot exceed two gallons at any one hunting site at any time. This includes new and old bait combined.
• Baiting can occur only from Oct. 1 to Jan. 1 in the Upper Peninsula. The bait material may be of any food type.
• The bait in the Upper Peninsula must be dispersed over a minimum of a 10-foot by 10-foot area. The bait can be scattered directly on the ground by any means, including mechanical spin-cast feeders, provided that the spin-cast feeder does not distribute on the ground more than the maximum volume allowed.
Source: Michigan Department of Natural Resources
• "Baiting" is defined as putting out food materials for deer to attract, lure, or entice them as an aid in hunting. A person baiting deer must comply with the current baiting regulations. Baiting for elk is illegal.
• "Feeding" is defined as placing food materials out that attract deer or elk for any other reason except hunting.
• Recreational Feeding is feeding for wildlife viewing purposes only. A person feeding deer must comply with the regulations for recreational viewing.
• Supplemental Feeding of deer and/or elk is prohibited in Michigan except for specific portions of eight counties in the Upper Peninsula. Supplemental feeding of deer is by permit only, if specific conditions are met, and is only allowed in a specific portion of State. The supplemental deer feeding area is all portions of Ontonagon, Houghton, Keweenaw, Baraga, Alger, and Luce counties, and those portions of Marquette and Chippewa counties north of the T43N-T44N boundary line.
• Food plots are naturally occurring foods, standing agricultural crops, or foods that are placed as a result of using normal farming practices, and are not considered baiting or feeding.
• "Cervids" are ruminant mammals, in the scientific classification of family cervidae, or deer, elk, and moose.
Source: Michigan Department of Natural Resources
