Walt (21
Apr 2012)
"RE: BOB AMichigan
pigs the truth"
False rumors are circulating about the manner in
which the Michigan Department of Natural Resources is enforcing
a 2010 Invasive Species Order declaring a certain species of
swine prohibited in Michigan.
We’d like to set the record straight.
There have been no raids on properties. Since April 1, when
active enforcement of the order began, the Michigan Department
of Natural Resources has conducted inspections on game ranches
and breeding facilities throughout Michigan. These facilities
have in the past have been known to possess prohibited swine.
The inspections are conducted by trained Wildlife personnel and
conservation officers. The vast majority of these inspections
have been conducted with the consent of property owners.
The DNR has not violated anyone’s constitutional rights.
The DNR has followed the law, the Michigan Constitution and
United States Constitution in all its enforcement actions.
Every inspection starts with a request for voluntary access to
inspect the facility. If access is not voluntarily
granted, the DNR seeks a court-issued inspection warrant or a
court order. The DNR has been denied access to property on
two occasions. In one case, the DNR sought and received an
administrative inspection warrant to legally search the Deer
Tracks Ranch in Fife Lake, Michigan. No prohibited swine were
found at that property. In the other case, the DNR initiated a
civil complaint against the Renegade Ranch Hunting Preserve in
Cheboygan County, Michigan. DNR obtained a temporary restraining
order from the court that provided access to the property to
conduct an inspection. That litigation is ongoing.
The DNR has not arrested anybody in enforcing the order. The DNR
will continue to work with property owners on a voluntary basis
wherever possible.
The DNR has killed no swine in enforcing the order. To date, the
DNR has inspected only hunting ranches and breeding facilities
that supply swine to hunting ranches. These animals are
typically possessed and raised to be hunted.. Property owners
have had 15 months since the Invasive Species Order was first
put in place to plan for complying with the order. The DNR
sought throughout that period to work with property owners who
had prohibited swine, and even found out-of-state buyers for
some prohibited swine. Property owners who have killed
prohibited swine did so by their own choice and as an
alternative to selling their animals prior to the April 1
enforcement deadline.
The Invasive Species Order is not an attack on farms. In fact,
the order is intended to protect Michigan farms. The animals at
issue are not traditional farm pigs. The Invasive Species Order
prohibits a particular species, Sus scrofa Linnaeus, commonly
known as Russian boars, Eurasian wild boars, or razorbacks. This
species is the terrestrial equivalent of Asian carp. The swine
are incredibly destructive omnivores that destroy wildlife
habitat and carry diseases that threaten domestic hogs, other
livestock, wildlife and people. The owners of heritage pigs are
not affected unless they own a Russian boar or Eurasian wild
boar or a hybrid of a Russian boar or Eurasian wild boar.
The Michigan Court of Appeals upheld the department’s issuance
of the Invasive Species Order one month before enforcement
began. Further, the Court of Appeals ruled that the department
was required to list this species as a prohibited species,
pursuant to its statutory obligations under Part 413 of the
Natural Resources and Environmental Protection Act.
Michigan residents who have questions about whether their swine
are prohibited under the Invasive Species Order may contact the
department.
For more information about the Invasive Species Order and to
learn about the problem of feral swine in Michigan and
nationwide, go to www.michigan.gov/feralswine.
Thank you for taking the time to learn the facts about this
action.