Michigan residents may now place limited amounts of food within 300 feet of their homes for deer, elk, birds, and other wildlife following Governor Gretchen Whitmer’s July 27 signing of House Bill 4350 (HB4350). The law permits such feeding only to prevent wildlife starvation or for recreational viewing, with a maximum of two gallons per area. However, it creates a significant distinction: residents can legally feed deer for recreation while most Lower Peninsula hunters remain prohibited from using the same food to harvest deer for their families.
Sponsored by state Representative Ken Borton (R-Gaylord), HB4350 took effect immediately after signing. The law explicitly excludes “baiting to take game” from its definition of wildlife feeding, meaning two gallons placed near a home for recreational viewing is lawful, while the same amount intended for hunting remains illegal.
This distinction raises concerns about equal treatment and the proper exercise of government power. Michigan has granted greater freedom to individuals seeking recreational wildlife observation than to hunters who aim to provide venison for their families. The state effectively permits one purpose for attracting wildlife while continuing to prohibit another.
Under current state Department of Natural Resources regulations, deer baiting is generally prohibited throughout the Lower Peninsula on both public and private property. Certain disabled hunters may use bait during the Liberty and Independence Hunts with specific eligibility requirements. In the Upper Peninsula, baiting is permitted from September 15 through January 1, requiring a two-gallon limit and scattering over at least a 10-foot-by-10-foot area.
Supporters of baiting restrictions argue concentrated feeding accelerates chronic wasting disease and bovine tuberculosis transmission. Governor Whitmer vetoed nearly identical legislation in 2021 on similar grounds, claiming feeding disrupts wildlife movement and causes animal congregation. HB4350 attempts to address these concerns by requiring state feeding orders to comply with federal disease-control standards.
Disease prevention is a legitimate concern, but regulations must be consistent and narrowly tailored. If two gallons of food poses an unacceptable risk when placed for hunting, it does not become harmless merely because the intent is recreational viewing rather than harvest. A deer cannot distinguish between these purposes.
Furthermore, responsible hunting serves as an important wildlife-management tool. Hunters help control deer populations, purchase licenses that fund conservation (though government-issued licenses can undermine limited-government principles), and provide food for families and communities. Michigan’s policy thus allows residents to attract deer for entertainment while restricting hunters from legally harvesting those animals.
Requiring Michigan’s wildlife policies to comply with federal disease-control standards undermines state sovereignty and further entrenches unconstitutional federal involvement in matters reserved to the states under the 10th Amendment. Wildlife management within Michigan should remain under state authority and property owners, not distant federal agencies.
These restrictions also implicate fundamental property rights. The Fourth Amendment protects Americans against unreasonable government searches and seizures of homes and property. Property owners should be permitted to place feed on their land for hunting purposes. Additionally, the Ninth Amendment recognizes rights beyond those listed in the Constitution, consistent with Scripture granting mankind dominion over animals (Genesis 1:28; 9:3) and permitting their use for food.
HB4350 represents a small step toward restoring property owners’ freedom to use land without unnecessary government interference. Residents should not face criminal penalties merely because deer visit bird feeders or consume small amounts of food placed near homes.
Michigan lawmakers must now apply the same principles of property rights, personal responsibility, and equal treatment to hunters. The Legislature should repeal restrictions preventing citizens from feeding and lawfully harvesting deer on their own land and refrain from dictating how peaceful property owners use their private property.