Enforcement of Michigan Ruling on Feral Swine Begins with Lawsuit Against Hunting Ranch

Acting on a new policy that went into effect on April 1, the Michigan Department of Natural Resources (DNR) filed a civil complaint against Ronald McKendrick and Charlene McKendrick on Tuesday, April 10 to force them to remove prohibited species of swine on their property. The McKendrick family, which owns the Renegade Ranch Hunting Preserve in Cheboygan County, denied entry to DNR officials seeking to inspect the facility on April 3 for compliance with Michigan’s recently passed Invasive Species Act (ISA). According a press release issued by the Michigan DNR, the McKendricks’ ranch “has in the past been known to possess swine that are prohibited under the order”, and Ronald has admitted to having 15-18 pigs on his ranch that were raised in Michigan but he “doesn’t know what type they are”. As a result the Michigan DNR has taken legal action against the family. According to a Michigan Radio broadcast, the McKendricks denied access to the DNR as they did not have a warrant.

The complaint was filed by the DNR in the Cheboygan County Circuit Court requesting that that the McKendricks comply with the state’s Environmental Protection Act, Part 413, which prohibits “Transgenic and Non-Native Organisms”, and remove their swine. In particular, the Michigan DNR cited the 2010 Invasive Species Order (ISO) which made owning wild boar, wild hog, wild swine, feral pig, feral hog, feral swine, Old world swine, razorback, Eurasian wild boar, and Russian wild boar illegal. Michigan farmers were given until April, 1, 2012 to comply with the ISO or face legal action.

According to the DNR, the ISO was created for a number of reasons, the most important being the prevention of disease among livestock. The DNR believes that “feral” swine are more likely to carry diseases than their “domestic” counterparts. Additionally, the DNR has stated that invasive swine are a threat to Michigan agriculture because if they escape, feral swine are known to engage in digging and rooting behaviors which can damage crops, soils, and water.

However, there are some groups in Michigan that believe these claims are greatly exaggerated or even false. The Farm-to-Consumer Legal Defense Fund (FTCLDF) negatively reacted to the ruling coming into effect, arguing that the policy solely serves large agribusinesses’ interests and harms smaller heritage farms and hunting ranches in order to put smaller competitors out of business. The FTCLDF also makes mention of the fact that the law could “reduce or eliminate customer access to heritage breed pork, a product that has become increasingly popular with health conscious consumers and restaurants across the state.”

The DNR complaint seeks to fine the McKendrick family for being in possession of a prohibited species and offering the sale of a prohibited species. The complaint also seeks fines for the mitigation and prevention of environmental damage that their swine may cause. The fines for these violations could amount to $1,000-20,000 per violation, or per animal.  According to DNR Director Rodney Stokes, this legal action is a last resort, saying “In implementing this order for the protection of Michigan’s environment and economy, the department has sought to work cooperatively with property owners wherever it can. For that reason, enforcement actions thus far have involved voluntary compliance inspections. Where prohibited swine continue to be held, property owners must come into compliance with the law.”

The debate over the legality of feral swine in Michigan is a bellwether for the rest of the nation as other states consider similar actions. We will continue to report on this issue as it develops.

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DNR Director Stokes Approves Michigan’s New Elk Management Plan

A new Elk Management Plan was approved by Michigan Department of Natural Resources (DNR) Director Rodney Stokes at the April 5 meeting of the Natural Resources Commission (NRC) in Lansing. The plan was developed to provide guidance for managing elk by focusing on three goals:

1. Manage for an elk population that can be sustained by available habitat;
2. Use hunting as the primary method to control the number of elk; their distribution so that difficulties involving elk interactions with people are abated; and the proportion of males to females in the population; and
3. Enhance the public’s understanding of elk management in Michigan.

The planning process began in January 2010 when the DNR Wildlife Division and Michigan State University (MSU) Extension hosted two meetings to gather input on attendees’ issues concerning elk.

Five federally recognized tribes involved in the 2007 Consent Decree were included to provide their perspective, concerns and values in the planning process. An Elk Management Advisory Team (EMAT) was also developed, composed of private landowners within the elk range as well as members from 10 different groups representing conservation, agricultural, hunting, forest management and public safety interests. The EMAT was charged with providing recommendations for the future management of elk.

“The folks who attended the initial meetings and the involvement of the EMAT were both crucial in helping us to understand the concerns people had,” said Jordan Burroughs of Michigan State University. “Public engagement was a critical step in the development of this plan.”

The DNR Elk Work Group then considered the best available science regarding elk ecology and management – along with insights offered by approaches to elk management around the country – in providing recommendations for shaping the management plan. The Elk Work Group includes representatives from the DNR’s Wildlife, Law Enforcement and Forest Resources divisions and the Department of Fisheries and Wildlife at MSU.

Once the initial input was gathered, a plan was drafted and released for public review and comment. In October 2011, the DNR hosted an open house in Gaylord, giving the public the opportunity to view the plan and give comment. The final draft was presented publicly March 8, 2012, at the NRC Policy Committee on Wildlife and Fisheries, and then approved by Director Stokes at the April NRC meeting.

“I appreciate all of the hard work by DNR staff, our valued partners, and especially members of the public who committed to making sure this plan sets a scientifically based and appropriate direction for elk management in Michigan,” said Director Stokes.

The approved Elk Management Plan is available on the DNR website at www.michigan.gov/elk.

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Enforcement of Invasive Species Order on Michigan Swine Begins

On Sunday, April 1, the Michigan Department of Natural Resources began active enforcement of an Invasive Species Order declaring certain types of swine illegal in Michigan.

As part of that effort on Tuesday, April 3 the department’s Law Enforcement Division conducted inspections of six properties that in the past may have had prohibited swine. The inspections were conducted with permission of the landowners. Each of the properties was found to be free of prohibited swine and therefore in compliance with the Invasive Species Order.

Those facilities, farms or individuals still in possession of prohibited swine are in violation of the law and could face criminal or civil penalties under Part 413 of the state’s Natural Resources and Environmental Protection Act.

“Our intent from the beginning of this Invasive Species Order has been to enforce the law while minimizing the impact on individuals and livelihoods,” said Department of Natural Resources Director Rodney Stokes. “For that reason, we provided additional time and assistance for ranch owners, breeders and others to remove prohibited animals from their properties prior to the April 1 enforcement deadline. The additional time allowed property owners to adjust their business plans to minimize economic hardship. We will continue to work cooperatively with property owners where we can.”

Sus scrofa Linnaeus, the scientific name for the prohibited animals, can pose a significant threat to the environment and to domestic pork production. The animals have been known to carry several diseases and parasites, including hog cholera (classic swine fever), pseudorabies, brucellosis, tuberculosis, salmonellosis, anthrax, ticks, fleas, lice and various worms. When released into the wild, the animals are highly mobile, making it easy for them to spread disease quickly in Michigan’s wildlife and domestic livestock populations. One sow can produce two litters of four to six piglets in a year’s time, increasing the threat.

The swine engage in two types of behavior that damage soils, crops and water — rooting and wallowing. Their rooting behavior, during which they dig for food below the soil surface, causes erosion, damages lawns and farm lands, and weakens plants and native vegetation. Wallowing behavior, during which swine seek out areas of shallow water to roll in mud, increases turbidity in ponds and streams and increases erosion along stream banks, which affects water quality.

The DNR in December 2010 issued an Invasive Species Order outlawing certain types of swine in Michigan. The order went into effect Oct. 8, 2011. In order to give those in possession of prohibited swine every opportunity to come into compliance with the law,  Director Stokes delayed enforcement of the order for an additional six months, until April 1, 2012.

In the absence any other regulations for the swine, the DNR is moving ahead with the next phase of implementation of the Invasive Species Order. A declaratory ruling from the DNR, issued Dec. 13, 2011, lists the specific physical characteristics the DNR will use to determine if particular swine are prohibited. Those characteristics are:

• Bristle-tip coloration: Sus scrofa exhibit bristle tips that are lighter in color (e.g., white, cream, or buff) than the rest of the hair shaft. This expression is most frequently observed across the dorsal portion and sides of the snout/face, and on the back and sides of the animal’s body.
• Dark “point” coloration: Sus scrofa exhibit “points” (i.e., distal portions of the snout, ears, legs, and tail) that are dark brown to black in coloration, and lack light-colored tips on the bristles.
• Coat coloration: Sus scrofa exhibit a number of coat coloration patterns. Patterns most frequently observed among wild/feral/hybrid types are: wild/grizzled; solid black; solid red/brown; black and white spotted; black and red/brown spotted.
• Underfur: Sus scrofa exhibit the presence of underfur that is lighter in color (e.g., smoke gray to brown) than the overlying dark brown to black bristles/guard hairs.
• Juvenile coat pattern: Juvenile Sus scrofa exhibit striped coat patterns. This consists of a light grayish-tan to brown base coat, with a dark brown to black spinal stripe and three to four brown irregular longitudinal stripes with dark margins along the length of the body.
• Skeletal appearance: Sus scrofa skeletal structure is distinct. Structures include skull morphology, dorsal profile, and external body measurements including tail length, head-body length, hind foot length, ear length, snout length, and shoulder height.
• Tail structure: Sus scrofa exhibit straight tails. They contain the muscular structure to curl their tails if needed, but the tails are typically held straight. Hybrids of Sus scrofa exhibit either curly or straight tail structure.
• Ear structure: Sus scrofa exhibit erect ear structure. Hybrids of Sus scrofa exhibit either erect or folded/floppy ear structure.

More information about the Invasive Species Order and the problem of invasive swine in Michigan and across the country can be found at www.michigan.gov/feralswine.

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Nuisance Turkey “Godzilla” Turned into a Rap Star

Detroit is known for producing decades of notable music and has turned its sights on the outdoor world. You may remember an article about a turkey who stalks Edna Geisler, 69, of Michigan, who dubbed her tormentor “Godzilla”. Well, the turkey’s back.

In a display of utter ridiculousness, Brian Adams, working under The Knightime Project, put together a hip-hop video featuring Edna Geisler and Crowzilla.

http://www.youtube.com/watch?v=pAu97i4-PJE

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New Michigan DNR Initiative Aims to Resolve Encroachment Cases on Public Land

The Department of Natural Resources today announced the Encroachment Resolution Initiative (ERI), an effort geared at resolving the hundreds of cases of encroachment – or trespass – occurring on public land throughout Michigan.

Through this initiative, the DNR will work with property owners who are trespassing by having either a permanent structure or historical encroachment on public land. Property owners with known encroachments on public land will be notified by letter from the DNR that they are eligible to resolve their case without penalty through the ERI. Property owners adjacent to public land who are not sure whether they are encroaching can use tools on the DNR website (www.michigan.gov/dnr-encroachment) to determine if they are, in fact, trespassing on state-managed land.

“I asked our staff to come up with a creative, customer-focused way of resolving some of our most difficult encroachment situations,” said DNR Director Rodney Stokes.

“The Encroachment Resolution Initiative reaches out to residents with a real, workable solution,” said Stokes. “It will help us appropriately document public land ownership and resolve those trespass cases that tie up substantial staff time and resources and make land-management issues more challenging for the state.”

Under the ERI, property owners who are encroaching on public land managed by the DNR can (starting May 1, 2012) apply to have their cases resolved. Applications will be accepted until Dec. 31, 2012. During this “amnesty” period, DNR staff will work with property owners to properly document ownership.

If a property owner can show that his or her encroachment was in place prior to March 1, 1973 (in keeping with a 1988 amendment of the Revised Judicature Act), the property will be transferred to the property owner after a new property survey is completed and new boundaries are established. Structural encroachments that have occurred after March 1, 1973 will be resolved through land sales. The DNR will streamline its land sale process for encroachment cases being resolved through the ERI.

Individuals with non-structural encroachments (such as fences, gardens, sheds or other non-permanent structures) occurring on public land after March 1, 1973, will need to remove the items.

By providing a streamlined and legal process to resolve their trespass without penalty, the Encroachment Resolution Initiative is intended as an incentive program for property owners encroaching on public land. Throughout the duration of the ERI, the DNR will not seek penalties or take escalated enforcement action for any encroachments that are resolved by Dec. 31, 2012.

After the application period closes on Dec. 31, 2012, any existing or new cases of encroachment that were not brought forward will be dealt with through DNR encroachment and enforcement procedures.

“We sincerely hope that anyone currently encroaching on public land will take advantage of this opportunity to resolve trespass situations,” said DNR Director Stokes. “Public land is intended to be just that – land available for the use and enjoyment of the public. Such encroachments reduce everyone’s ability to enjoy the state’s natural resources that should be freely accessible to residents and visitors alike.”

Individuals with questions about the ERI should contact Lori Burford, the DNR’s encroachment specialist, at 989-275-5151, ext. 2100 or via email at burfordl@michigan.gov.

For more information on the ERI, visit www.michigan.gov/dnr-encroachment

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New Michigan DNR Initiative Aims to Resolve Encroachment Cases on Public Land

The Department of Natural Resources today announced the Encroachment Resolution Initiative (ERI), an effort geared at resolving the hundreds of cases of encroachment – or trespass – occurring on public land throughout Michigan.

Through this initiative, the DNR will work with property owners who are trespassing by having either a permanent structure or historical encroachment on public land. Property owners with known encroachments on public land will be notified by letter from the DNR that they are eligible to resolve their case without penalty through the ERI. Property owners adjacent to public land who are not sure whether they are encroaching can use tools on the DNR website (www.michigan.gov/dnr-encroachment) to determine if they are, in fact, trespassing on state-managed land.

“I asked our staff to come up with a creative, customer-focused way of resolving some of our most difficult encroachment situations,” said DNR Director Rodney Stokes.

“The Encroachment Resolution Initiative reaches out to residents with a real, workable solution,” said Stokes. “It will help us appropriately document public land ownership and resolve those trespass cases that tie up substantial staff time and resources and make land-management issues more challenging for the state.”

Under the ERI, property owners who are encroaching on public land managed by the DNR can (starting May 1, 2012) apply to have their cases resolved. Applications will be accepted until Dec. 31, 2012. During this “amnesty” period, DNR staff will work with property owners to properly document ownership.

If a property owner can show that his or her encroachment was in place prior to March 1, 1973 (in keeping with a 1988 amendment of the Revised Judicature Act), the property will be transferred to the property owner after a new property survey is completed and new boundaries are established. Structural encroachments that have occurred after March 1, 1973 will be resolved through land sales. The DNR will streamline its land sale process for encroachment cases being resolved through the ERI.

Individuals with non-structural encroachments (such as fences, gardens, sheds or other non-permanent structures) occurring on public land after March 1, 1973, will need to remove the items.

By providing a streamlined and legal process to resolve their trespass without penalty, the Encroachment Resolution Initiative is intended as an incentive program for property owners encroaching on public land. Throughout the duration of the ERI, the DNR will not seek penalties or take escalated enforcement action for any encroachments that are resolved by Dec. 31, 2012.

After the application period closes on Dec. 31, 2012, any existing or new cases of encroachment that were not brought forward will be dealt with through DNR encroachment and enforcement procedures.

“We sincerely hope that anyone currently encroaching on public land will take advantage of this opportunity to resolve trespass situations,” said DNR Director Stokes. “Public land is intended to be just that – land available for the use and enjoyment of the public. Such encroachments reduce everyone’s ability to enjoy the state’s natural resources that should be freely accessible to residents and visitors alike.”

Individuals with questions about the ERI should contact Lori Burford, the DNR’s encroachment specialist, at 989-275-5151, ext. 2100 or via email at burfordl@michigan.gov.

For more information on the ERI, visit www.michigan.gov/dnr-encroachment

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Multiple Poaching Charges Pending Against Michigan Man

A Michigan man is facing charges of poaching in two separate counties for numerous bucks he killed in the 2011 deer season.

Michigan Department of Natural Resources (DNR) officials say they have evidence from a search of his home they executed in December. Officers found evidence of nine deer during the search, which the 30-year-old man admitted that he poached.

The man was arraigned on five charges of illegally taking deer in Huron County and an additional four charges are pending for alleged offenses in Saginaw County, according to DNR officers. He faces a penalty of $500 in fines, five days in jail, a $1,000 restitution per deer and court costs. His hunting privileges could be revoked in either county by a judge as well, according to Bob Hobkirk, the lead conservation officer in the investigation.

Officers were acting on an anonymous tip that was called in to the DNR’s Report All Poachers hotline. Interviews with his co-workers and friends gave DNR enough evidence to file for a search warrant. Upon entering his home, DNR officers found nine deer, of which the unnamed suspect confessed to shooting seven. He claimed to have found two antlers. The antlers, weapons (including a muzzleloader and compound bow) and other equipment related to the crime were seized.

Officials found several deer in the field during the investigation that were semi-processed, two had heads that were removed and another was found without skin.

The alleged poacher does not have a previous hunting-related record.

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Mooney Named Michigan Conservation Officer of the Year by National Wild Turkey Federation

Department of Natural Resources conservation officer Steve Mooney has been named Michigan Conservation Officer of the Year by the National Wild Turkey Federation.

An Allegan County native, Mooney joined the DNR’s Parks and Recreation Division in 1994, becoming a conservation officer in 2006. Since that time, Mooney has been assigned to Van Buren County.

An avid wild turkey hunter, Mooney has been involved in 22 turkey-related arrests, including eight for illegal baiting and five for illegally taken birds.

Mooney was nominated for the award by his supervisor, Sgt. Zach Doss.

“I was pleasantly surprised when I heard I won the award,” Mooney said. “Winning an award like this is kind of a high-point in your career and I’m tickled to win it this early in my career.

“As a turkey hunter myself, this has a lot of meaning to me.”

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Michigan DNR Hosts Informational Meeting on Bear License Quotas Mar. 31 in Marquette

The Department of Natural Resources will host an informational meeting to discuss proposed changes to bear hunting license quotas on Saturday, March 31 from 10 a.m. to noon in Marquette. The meeting will take place in the Brule Room at Northern Michigan University, located at 2101 University Center, Marquette.

Three proposals are currently before the Natural Resources Commission that would determine how many bear licenses will be available to hunters in 2012.

DNR Wildlife Division staff will provide a presentation on black bear population monitoring techniques and population trends in the Upper Peninsula, and will explain proposed changes to the bear license quotas in detail, in addition to answering questions from the public.

NRC commissioners J.R. Richardson, of Ontonagon, and John Madigan, of Munising, will be present to discuss the proposals with meeting attendees. The proposals will be eligible for NRC action at the Commission’s April 5 meeting in Lansing.

For more information about the bear license quota proposals and informational meeting, contact DNR bear specialist Adam Bump at 517-373-1263. The March presentation to the Natural Resources Commission on DNR black bear populations and proposed license quota changes can be found online at www.michigan.gov/nrc.

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The Next Pure Michigan Hunt Winner Could Be You!

Would you like to hunt elk and bear, along with other species in Michigan next year? You can if you win one of three Pure Michigan Hunt (PMH) packages. However, to win you need to apply. Applications for the 2013 drawing are now available for purchase. You can purchase an unlimited number of $4 applications for Michigan’s “Hunt of a Lifetime” from now until December 31. Three winners will be drawn to win the ultimate prize package of licenses to hunt elk, bear, turkey, deer and waterfowl, plus various hunting merchandise yet to be determined.  Dollars generated from this opportunity fund wildlife habitat management here in Michigan.  Wildlife Management in Michigan is funded by the users.

The three recent winners — Brad L. Belcher from Howell, Mark A. Schulz from southeast Michigan, and Dan A. Beaudoin from Waterford — were announced Feb. 9, 2012. In addition to their hunting licenses for elk, bear, turkey, deer and managed waterfowl, the three winners received the following prize package from Michigan companies and organizations:

• Ameristep: Brickhouse Groundblinds
• Darton Archery: 2012 Scorpion II Crossbows packages
• Ducks Unlimited Michigan Chapter: One year subscription and duck decoy
• Michigan Gun Owners: 30.06 Savage Arms rifle
• Michigan United Conservation Clubs: One year subscription Youth and Adult magazine
• MOR Archery: Nine Square Target Systems
• National Wild Turkey Federation, Michigan Chapter: Custom Box calls, hunting vests, turkey patches
• Northwoods Wholesale Outlets: Soroc sports sleds
• Quality Deer Management Association, Michigan Chapter: QDM start-up package

“When you are buying your new 2012 licenses, buy yourself a couple Pure Michigan Hunt applications,” said DNR Wildlife Chief Russ Mason. ”You could win every limited-access hunt the state of Michigan has to offer. We can’t wait to hear the recent winners’ stories of this spring turkey season. Last year’s hunters had a blast.”

You can purchase Pure Michigan Hunt applications anywhere DNR licenses are sold or you can purchase one online at www.mdnr-elicense.com. For more information on the PMH, visit www.michigan.gov/puremichiganhunt. The 2013 prize package of merchandise is currently being put together, and will be posted on the PMH website soon.

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