The Current Legal Landscape for Deer Baiting in Michigan
The legal status of deer baiting in Michigan has undergone significant changes in recent years. Under the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.40101 et seq. ("NREPA"), the natural resource commission was given the authority to regulate deer hunting in Michigan, including potentially banning deer baiting statewide. In 2011, the NRD issued an order implementing a statewide ban on deer baiting. That order faced significant legal challenges that ultimately resulted in the Michigan Court of Appeals ruling in 2012 that the NRD and not the NRC had the authority to issue the order. While the court of appeals litigation was pending, the Michigan legislature enacted 2008 PA 511, which amended the NREPA, and gave the NRC the exclusive authority to regulate deer hunting in the state of Michigan. See 324 . 40108(a)(v). Even with this amendment to the NREPA, the 2012 order to ban deer baiting remained in place statewide.
In early 2013, the NRC amended its rules to prohibit deer baiting on public land in counties with a "CWD-focus area". A copy of the amended NRC rule can be found here. Subsequently, in May 2014, the NRC adopted additional regulations amending section 3.811 of the natural resources and environmental protection administrative code to ban the use of deer bait on public lands statewide. See Mich. Admin. Code R 324.411. The statewide ban on deer baiting in Michigan is scheduled to remain in place until the Natural Resources Commission reviews the current scientific understanding of CWD, takes into account the impact of the baiting ban on the population dynamics of deer, and determines that a ban is no longer necessary.
The Reason Behind Deer Baiting Regulation
The reasoning behind the restrictions or bans on deer baiting, including issues surrounding wildlife health and disease, ethical approaches to hunting, and the ecological impact of deer feeding practices, are all critical aspects of this regulation.
Wildlife health and disease have been at the forefront of the arguments against deer baiting. Michigan has been particularly proactive in combatting the spread of Chronic Wasting Disease (CWD) since its emergence in the state in 2008. The disease has been shown to spread among deer through both environmental contact and direct deer-to-deer interaction, and unrestricted feeding concentrates deer in a specific area, facilitating both modes of transmission.
Further complicating the efforts to preserve deer herds are other diseases, like Bovine Tuberculosis (BTB) and the Epizootic Hemorrhagic Disease (EHD), which have afflicted various Michigan populations in the past. These diseases are often brought on by environmental stressors, including habitat loss, and sometimes by overpopulation. As such, the DNR sees an opening to prevent the baiting of deer to help control the spread and reemergence of these diseases.
Ethics also play a significant role in the discussion surrounding deer baiting. Some hunters contend that baiting can give unfair advantages to hunters in capturing deer. Those who champion the ethical argument against baiting suggest that only deer at equal odds have a fair chance — that is, the deer must have the same field advantages as the hunter at the outset of the hunt. Unsupported baiting techniques, they argue, give the hunter an unfair advantage that many believe to be against the natural behavior of the deer.
Of equal importance is the ecological impact of deer feeding practices. On a macro level, too much food can upset the natural habits of not only deer, but other wildlife as well, including birds and native flower species that have developed along with a steady supply of deer droppings. Further, there are significant, negative impacts of baiting and feeding on soil chemistry, nutrient concentrations, and bacteria quantities, all of which have long-term effects on the ground and its future ability to support wildlife.
Comparing Deer Baiting Laws in Michigan with Other States
In neighboring Ohio, the controversial issue of deer baiting has produced different standards of regulation. As of 2017, the Ohio Department of Natural Resources prohibits the feeding of deer on public land and along public roadways year-round and throughout the hunting season. In areas where Chronic Wasting Disease has been detected in deer, including many regions of the state, the agency has issued special orders that prohibit the possession or feeding of deer from September 1 through February 15. In areas of Ohio where Chronic Wasting Disease has not been detected, similar prohibitions are in place but only from mid-October through the end of the regular deer-gun hunting season.
In contrast to these laws, in Arkansas, deer baiting is legal. According to the Arkansas Game and Fish Commission, it is completely lawful for hunters to use bait when hunting deer on private or public lands. Nevertheless, there are certain restrictions. For instance, from late September through the end of February, there is a prohibition on the placement of deer feed upon federal and state-owned lands and a prohibition on the placement of deer feed on public roads, highways, and right-of ways. In addition to this, the act of shooting a deer while the animal is actively feeding on bait is prohibited in Arkansas.
Georgia has roughly similar regulations as those in Michigan and Ohio, as the use of deer bait is permissible in many parts of the state. There are provisions in effect which ban the positioning of deer feed at any point within 200 feet of a deer stand, however, and it is unlawful to hunt deer over a baited area for the first 10 days of any deer season that includes an either-sex deer day where deer may be either sex.
Penalties for Breaking Baiting Law
Violating deer baiting laws can lead to significant penalties. Most likely, a violation of the deer baiting laws is a misdemeanor. If you are observed hunting on the property in question with bait available, in most cases it will be assumed that the person hunting placed the bait there.
As such, the offense charged will usually be an open season or hunting deer out of season misdemeanor. This is a misdemeanor punishable by fines and possibly loss of hunting privileges for a period of time.
The conservation officer or private citizen making the complaint may be seeking not only to penalize a specific person, but also to prevent others in the neighborhood from feeding deer as well . Some of the factors that may influence whether charges will be brought are:
The deer feeding issue is an increasingly contentious one across the state, but there is tremendous disagreement about what violations entail. As such, hunters need to exercise extreme caution when dealing with anything related to deer feeding, including fruits, vegetables, and other food sources.
In some locations, farmers are permitted to feed deer during certain periods of adversity – such as winter where snowfall exceeds 12 inches. But the rules are very particular, and it would be best to clarify before anyone invokes the law.
Hunting Best Practices in Michigan
The most important way to remain compliant with current deer baiting laws is to know your location and understand the rules specific to that area. It is also important to become familiar with the laws of the DNR. It is not an excuse ‘that somebody told me I could do that’ or ‘I didn’t know that was illegal’. Regardless of what you may have heard somewhere else, hunting over bait is illegal until December 1st or after the season ends (depending on the zone) in counties with CWD. It is typically very hard to prove that someone was purposefully breaking the law and almost always a very time consuming process unless they are doing it to the degree of essentially having two separate bag limits then there is a good chance that will get caught easy enough.
As for other alternatives, either scouting the land and clearing shooting lanes in advance or waiting for a good cold front can prove to be your best shot at harvesting a deer without the use of bait. Get up early and sit late near the water holes or what is presumed as the core of the deer’s habitat. Whether these practices will work for you is a bit hit and miss. But with the intense competition for does and the seasons objectives, the reward of waiting it out has proven to be worthwhile.
The Future of Deer Baiting in Michigan
As Michigan continues to grapple with deer populations and their impact on local ecosystems, the conversation around deer baiting regulations remains a topic of heated debate. With the rules in place until early 2024, and with many states across the nation adopting different stances on the practice, the future of deer baiting in Michigan is uncertain. The discussion on the potential health risks associated with deer baiting, such as Chronic Wasting Disease (CWD), has prompted calls for more stringent regulations. Some users of bait argue that the laws create inequities among hunters who have fewer access points or who cannot afford baiting products. Meanwhile, proponents of more liberalized baiting laws view it as an innovative way to increase the success of harvesting deer. At the heart of the debate also lies public safety concerns. A rise in deer populations has led to an uptick in deer-vehicle collisions, significantly damaging cars, injuring drivers, and costing insurance companies and the state millions of dollars. Hunters argue that baiting can make it easier to harvest deer, which could mitigate some of these issues; opponents argue that making it easier to hunt deer may actually exacerbate the cycle of overpopulation and environmental degradation. Ongoing studies are examining the implications of baiting on the prevalence and spread of disease. As more research is conducted and more data becomes available , there may be pressure from the scientific community to further revise regulations or change the parameters of the program altogether. Public opinion remains divided on the issue, with hunters and environmental advocates often at odds. The state’s Department of Natural Resources (DNR) regularly polls hunters for their opinions on the issue, and public forums have been hosted by the DNR to gather firsthand accounts of the impact of the current rules. For hunters and those interested in the future of deer baiting in Michigan, regular updates from the DNR, keeping an eye on upcoming studies, and actively participating in open forum events will be crucial in the months leading up to the next revision of the law. As we approach the end of the current set of regulations, the Michigan legislature will undoubtedly be under pressure to address the ongoing debates around deer baiting in the state. It is recommended for both hunters and concerned community members alike to stay up-to-date with any possible changes and actively participate in the coming conversations surrounding state regulations.