Formerly The Outspoken Sportsman

and John Cavanagh

Shoreline Media Writers

Oceana farmer Gerald Malburg and a group of other petitioners are challenging the Department of Natural Resources order which prohibits caring for orphan deer, feeding deer and baiting deer (for hunting) in Michigan’s Lower Peninsula.

They filed in Lansing Circuit Court last week to have the order overturned.

The ban was issued by Department of Natural Resources Director Rebecca Humphries Aug. 28 after one deer was found to have chronic wasting disease at a captive deer operation in Kent County. The DNR has stated that baiting and feeding can concentrate deer and cause diseases like CWD to spread more rapidly.

The petition and a motion for an expedited hearing were filed by attorneys Edward J. McNeely III and Matthew Malleis of Grand Rapids. The case is expected to be heard by Judge Joyce Draganchuck.

Other petitioners include a wildlife rescuer, store owners and hunters.

Aside from the hundreds of distressed fawns that are brought to rehabilitators for care and later release into the wild, at issue is a portion of the farm economy estimated by the DNR to be worth $50 million in 1991, according to McNeely.

Many of the farmers depend on deer feeding and baiting to buy the portion of their crop undesirable for human consumption and not in demand by the livestock industry. Malburg grows fodder beets and carrots on his Oceana farm and has said that the beets he planted this spring are specifically grown for deer feed and are not a type that could easily be sold to livestock farms.

“These crops were raised for deer feed,” Malburg said.

The petition states he stands to lose hundreds of thousands of dollars due to the order.

They are asking Judge Draganchuk to hurry the review schedule because, after the hunting season, these tens of thousands of tons of crop will go to waste.

Malburg estimates the total economic impact to the state at $80 to $90 million.

So far, Malburg canceled a $25,000 feed bag order. He also spent $40,000 earlier this year to buy the seed. He said the DNR told farmers during the deer tuberculosis scare approximately 10 years ago that they would be told whether or not to plant.

McNeely said it’s not just that Malburg can’t sell his beets and carrots, it’s that he has to pay a fee to dispose of them.

“Although I haven’t looked into the question yet, there may be a legal issue with them getting rid of them on the back 40 because it may be feeding,” McNeely said.

The DNR’s interim order prohibiting the baiting and feeding of wild deer also prohibits treating injured or orphaned deer and fawns, according to the petition. Holly Susan Hadoc of Wildlife Acres Rehabilitation is petitioning to have that portion overturned after accepting 12 orphaned fawns for treatment over the last summer.

Members of the Bartholomew family of Roscommon County who own the stores “Bart’s Fruit Market” are also contesting the order. According to the petition, the Bartholomews estimate they have lost $10,000-$15,000 since the order took effect.

Highland Fuel and Development, an Oakland County company that sells feed and bait, estimates it has lost $20,000 since the order took effect.

Robert Turner, an Eaton County resident who has a second residence on Beaver Island, is challenging the interim order on the basis that the island is 20 miles offshore and deer will not swim 20 miles. The other petitioners are also challenging on the basis of their own hunting interests, with the exception of Hadoc.

The petition also challenges the order on procedural grounds. “When they pass an order like this, it’s really legislating,” McNeely said. “What the courts require is that you have public input. Otherwise, you get bureaucrats that answer to no one legislating.”

McNeely said the petitioners are a diverse group of people.

“I think the key is that the interim order, this isn’t just about those that are in favor of hunting or not in favor of hunting,” McNeely said. “The order bars caring for deer and I was surprised to find out, quite frankly, how many licensed caregivers there are for deer. The order prohibits rehabilitating deer at all. One group that we don’t have in there are deer watchers and apparently there’s a growing group of people that put out deer feed to be able to watch deer.”

McNeely said Jeff Powers, a Beaver Island veterinarian, has been contacted about the scientific aspects of the case.

“It is our position that this is not based on sound science,” McNeely said. “We’ve been consulting with him.”

Malburg said he’s attended meetings throughout the state and no one can tell them how the deer became infected. He said the deer was kept in captivity and was surrounded by 50 others, none of which became infected. “We feel the decision was irrational,” Malburg said.

Malburg was disappointed with Oct. 9 hearing date, because harvesting and delivery should have been completed by Oct. 1 when the baiting season started. He expects it will cost up to $27,000 to just get through the first hearing. Even if the ban gets dropped immediately, Malburg expects a long legal battle to completely overturn the ban.

“We need support financially,” Malburg said.

Any contributions will be forwarded to McNeely and placed into a trust, Malburg said. Contributions can be directed to him, Mike Kinzel and Mark Bartholomew.

DNR spokesperson Mary Dettloff said as the matter is in litigation, it is being reviewed with legal counsel and she could not comment.

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