Traverse City Record-Eagle

April 30, 2010

State appeals deer baiting ruling


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---- — GAYLORD (AP) — State wildlife officials are appealing a judge's decision to throw out a case against a man charged under Michigan's ban on baiting and feeding deer.

The Department of Natural Resources and Environment said Thursday it would challenge a ruling this month by District Court Judge Patricia Morse that the ban is unconstitutionally vague.

Ken Borton, of Otsego County, was accused of illegally feeding deer from bird feeders.

He said he just wanted to feed birds. But DNRE Director Rebecca Humphries said Borton didn't do enough to keep deer away.

The department believes artificial feeding causes deer to congregate and spread diseases such as bovine tuberculosis, which has infected deer and cattle in Otsego and neighboring counties.