State Rep. Ken Borton on Wednesday testified before the House Natural Resources and Tourism Committee in support of his plan to decriminalize recreational wildlife and bird feeding. The legislation would ensure Michiganders can participate in the recreational feeding of birds and other wildlife without fear of prosecution.

“Feeding wildlife should not be a prosecutable offense in Michigan,” said Borton, R-Gaylord. “We want our grandkids to sit by the window with bated breath when a blue jay or a black bear appears in the backyard. Those are core memories that help young people fall in love with the great outdoors. Yet, this is exactly what the DNR is taking away with their birdfeeder fear-mongering and clear abuse of law enforcement authority. They should be chasing down poachers, not little old women with an affinity for bird watching.”

For Borton, having the freedom to feed the birds is deeply personal. He and his wife, Brenda, operate the Snowman Cam, a 24/7 livestream of the Borton’s backyard where they have an intricate wildlife feeding operation. Many animals – including birds, turkeys, squirrels, rabbits, deer, and bears – frequently stop by to enjoy the free meal, giving tens of millions of people across the world a brief glimpse into Northern Michigan wildlife.

Even though the feeding operation was under what is essentially continuous surveillance, it didn’t stop the Michigan Department of Natural Resources from turning Borton’s life upside down. In 2010, conservation officers issued Borton a ticket, claiming the Snowman Cam showed he was baiting deer, adding the fine was coming straight from Lansing and the officer had no choice but to issue it. That left Borton with a choice, take down his birdfeeders or take the DNR to court. So, he went to court.

“The judge seemed pretty perplexed as to why the DNR would file such charges and dismissed the case, even adding the DNR was no longer allowed to come to my property without my consent and without making an appointment,” Borton said. “I thought the case was closed.”

Four months later, another DNR officer showed up with another ticket.

“When I showed him my court paperwork showing he was not allowed on my property without my consent, he told me the court cannot stop him from entering my property,” Borton said. “He then attempted to get a warrant for my arrest, but the prosecutor refused to issue it. Seriously, for feeding birds.”

Borton took the DNR to court again over the ticket and successfully got the case thrown out.

“During this ordeal, I received dozens of heart-breaking letters and emails from people all over the state that had been fined for the same reason,” Borton said. “My attorney told me the DNR would probably continue to fine me and take me to court until I either ran out of money or gave up. He said the only solution was changing state law. Fifteen years later, here I am still trying to do just that.”

The plan, House Bill 4350, would allow residents to feed wild animals recreationally regardless of any policy issued by the DNR or Natural Resources Commission. Under the bill, wildlife and bird feeding would be allowed under three conditions:

• Feed must be placed either to view animals recreationally or to prevent them from starvation.
• The feed must be located within 300 feet of a residence.
• Not more than two gallons of feed may be placed, scattered, or distributed at one time.

The plan remains in the Natural Resources and Tourism Committee, awaiting a potential vote.

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