RE: Does the MDNR Condone misconduct by Officers?
 

Until the Michigan Attorney General Charges these Officers and the truth comes out! I wil not rest...........................

Justice,

A citizen has come forward with an extremely documented complaint. An investigation into the conduct of these officers!

Violation of my Constitutional Rights

Perjury

Obstruction of Justice[/align]

RE: Does the MDNR Condone misconduct by Officers?
 

I wish the best of luck to you. They tought you made a mistake and wanted to hang you for it.What they did wasn't a mistake but no one wants to hang them for it. Everyone needs to be held accountable for their actions ,even those behind a badge or in a robe.


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RE: Does the MDNR Condone misconduct by Officers?
 

STATE OF MICHIGAN

DEPARTMENT OF NATURAL RESOURCES
LANSING
JENNIFER M. GRANHOLM GOVERNOR
REBECCA A. HUMPHRIES DIRECTOR
SUBMITTED: April 14, 2008
MEMORANDUM TO THE NATURAL RESOURCES COMMISSION

Subject: Deer Management Units (DMUs) Open or Closed to Antlerless Deer Licenses Removal of Protection for Albino and All-White Deer Wildlife Conservation Order Amendment No. 8 of 2008
FOR INFORMATION ONLY
Authority:
The Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, authorizes the Director and the Commission to issue orders to manage wild animals in this state.
Discussion and Background:
This amendment removes the protection for albino and all-white deer, and establishes the open/closed status for antlerless deer license sales for each DMU.
It is burdensome to the hunter to determine if a deer is an albino deer or meets the definition of an all-white deer while afield. There is no compelling scientific reason to protect these deer. Escaped exotic deer that are all-white have been protected by this regulation. These free-ranging exotic deer should not be protected. This amendment would allow albino deer and all-white deer to be taken during the deer season.
Recommendation:
This order is being submitted for information and consideration. This item appeared on the Department’s April 28, 2008 calendar and may be eligible for approval on June 5, 2008.
Douglas A. Reeves
Acting Chief Ronald A. Olson
Chief Wildlife Division Parks and Recreation Division Lynne M. Boyd
Chief Patricia A. Spitzley
Chief Forest, Mineral and Fire Management Division Office of Legal Services
Rodney Stokes, Acting Chief Law Enforcement Division
Arminda S. Koch Dennis Fedewa Resource Management Deputy Chief Deputy
I have analyzed and discussed these recommendations with staff and concur as to matters over which the Natural Resources Commission has authority.
Rebecca A. Humphries - Director

WILDLIFE CONSERVATION ORDER
Amendment No. 8 of 2008

Under the authority of sections 40107 and 40113a, Act No. 451 of the Public Acts of 1994, as amended, being sections 324.40107 and 324.40113a of the Michigan Compiled Laws, the Natural Resources Commission and the Director of the Department of Natural Resources orders that, effective June 6, 2008, the following sections of the Wildlife Conservation Order shall read as follows:

3.100 Taking of deer, prohibited firearms, "bait" and "baiting" defined, conditions for baiting established in certain area; unlawful acts.
Sec. 3.100. (1) A person shall not use a rimfire firearm .22 caliber or smaller for the taking of deer.
(2) A person shall not pursue, capture, shoot, kill, chase, follow, harass, or harm a deer while the deer is swimming in a pond, lake, stream, or other body of water.

Approved as to matters over which the Natural Resources Commission has authority.
*Keith J. Charters, Chairman Natural Resources Commission
Approved as to matters over which the Director has authority.
*Rebecca A. Humphries Director

http://www.michigan.gov/documents/dn...8_232172_7.pdf

RE: Does the MDNR Condone misconduct by Officers?
 

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RE: Does the MDNR Condone misconduct by Officers?
 

Albino deer may lose protection

The DNR is considering a rule change.


Posted: Tuesday, May 06, 2008 at 5:24 p.m.

UPPER PENINSULA -- The Department of Natural Resources is considering a rule change that would allow hunters to harvest albino deer.

The animals have been off-limits for decades, but this week the Natural Resources Commission will consider changing the regulation. Based on hunter reports, it's been estimated that about one in 30,000 deer are albinos.

State biologists believe there's no scientific reason to protect albino deer. Some residents, though, consider them a wonder of nature.

A new law would also make it easier to control all exotic white deer species that have escaped from game farms in the Lower Peninsula.

"By removing the protection on albino and all white deer, we're also relieving the protection on those exotic escaped species, and they can be taken as legal harvest," explains Ann Wilson of the DNR.

www.wluctv6.com/news/news_story.aspx?id=130942]http://www.wluctv6.com/news/news_story.aspx?id=130942

RE: Does the MDNR Condone misconduct by Officers?
 

On Thursday, May 08, 2008 the documentation regarding corruption of DNR Officers was sent to the Criminal Division of the Attorney Generals Office in Lansing......

Section 750.422

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.422 Perjury committed in courts.
Sec. 422.
Perjury committed in courts—Any person who, being lawfully required to depose the truth in any proceeding in a court of justice, shall commit perjury shall be guilty of a felony, punishable, if such perjury was committed on the trial of an indictment for a capital crime, by imprisonment in the state prison for life, or any term of years, and if committed in any other case, by imprisonment in the state prison for not more than 15 years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.422
http://www.legislature.mi.gov/(S(jfxbqdvvp4bwpb45n42e0o45))/mileg.aspx?page=getObject&objectName=mcl-750-422
Section 750.423

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.423 Definition.
Sec. 423.
Definition—Any person authorized by any statute of this state to take an oath, or any person of whom an oath shall be required by law, who shall wilfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required, shall be guilty of perjury, a felony, punishable by imprisonment in the state prison not more than 15 years.
http://www.legislature.mi.gov/(S(jfxbqdvvp4bwpb45n42e0o45))/mileg.aspx?page=getObject&objectName=mcl-750-423
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RE: Does the MDNR Condone misconduct by Officers?
 

9 & 10 News - Thursday, May 8, 2008


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Hook & Hunting Segment
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Dan Boss - ([email protected])
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Now, Albino and All White deer have long been protected from hunting in Michigan, but this week the State Natural Resources Commission reviewed a proposal to make it legal to hunt Albino and All White deer. The DNR Director made the proposal after reviewing the case of a local hunter who legally shot a nearly all white piebald deer in 2004, the Director says their is no compelling scientific reason to protect Albino's because they represent a mutation that is not desirable in the deer herd. Action on that proposal is expectedto take placeatnext monthsmeeting.
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RE: Does the MDNR Condone misconduct by Officers?
 

AGENDA – NATURAL RESOURCES COMMISSION June 5, 2008 PAGE 2

REGULAR MEETING OF THE
NATURAL RESOURCES COMMISSION

I. FOR INFORMATION ONLY –
NATURAL RESOURCES COMMISSION ACTION IN JULY

A. Early Season Waterfowl Hunting Regulations
Wildlife Conservation Order, Amendment No. 11 of 2008
FOR INFORMATION ONLY.............................................. ...........................1-5
B. Antlerless Deer License Quotas
Wildlife Conservation Order, Amendment No. 12 of 2008
FOR INFORMATION ONLY.............................................. .........................6-12

II. NATURAL RESOURCES COMMISSION ACTION

A. Approval of Minutes – May 8, 2008
Natural Resources Commission Meeting
B. Deer Management Units (DMUs) Open or Closed to Antlerless Deer Licenses Removal of Protection for Albino and All-White Deer Wildlife Conservation Order, Amendment No. 8 of 2008......13-20

http://www.michigan.gov/documents/dn...8_234944_7.pdf

RE: Does the MDNR Condone misconduct by Officers?
 

Michigan Outdoor News - May 23, 2008 / page 19

RE: Does the MDNR Condone misconduct by Officers?
 

In This Issue

Hunter's persistence may result in law change regarding albino deer

The $180,000 Legal Battle...


------------------------------------------------------------

by By Richard P. Smith

June 01, 2008
The Michigan law that was supposed to protect albino whitetails from hunters for almost 20 years is in the process of being changed thanks to John Ingersoll from Indian River. That's little consolation for Ingersoll, who is on the brink of bankruptcy and could lose his house over his three year battle to clear his name after shooting a mostly white deer during December of 2004 that fits the legal description of a piebald. He was accused of shooting an albino and using paint or shoe polish to discolor some of its hair, so it could be passed off as a piebald.

Piebalds are partially white whitetails that have always been legal for hunters to shoot in Michigan. One or more piebalds are normally taken by hunters in the state each year. They have more white than normal, but the amount of white hair they have on their body varies. The hair on piebalds is normally a mix of brown and white.

The 5-pointer happened to be harvested in the district of the late state Senator Joseph Mack from Ironwood. He received some complaints from constituents about the deer being shot and acted on them. Mack pressured the state Natural Resources Commission (NRC), which had the authority to set such regulations at the time, into protecting deer that are totally white. The legislator introduced legislation that would have protected albinos if the commission didn't do so.

Since Michigan law defines albinos as being all white, deer that have any brown on them qualify as piebalds. Ingersoll shot the mostly white deer that resulted in the controversy he found himself in on December 19, 2004 in Emmet County. That was the last day of the muzzleloader deer season. He was hunting from a blind with a .45 caliber Thompson/Center muzzleloader loaded with 150 grains of powder and a 185 grain saboted bullet. The rifle was mounted with a 3X-9X Leupold scope and sighted in at 200 yards.

According to the DNR there is no compelling scientific reason to protect these deer as albinism represents a mutation that is not desirable in a deer herd.

John said he saw a number of does and then the white buck came into the hayfield where the does were from some pines and started chasing the does around. This was the first time he saw that particular deer as well as any whitetail with so much white on it. The experienced hunter looked the deer over carefully with binoculars. Besides having 8-point antlers, Ingersoll could see brown on top of the buck's head and on the inside of each hind leg where the tarsal glands are located.

Since the buck was not totally white, he assumed it was a piebald and legal to shoot. The buck was 218 yards away when John shot the deer, making a clean kill. He was rightfully happy and excited about taking such a unique whitetail.

Several days later, Ingersoll brought the deer to the Department of Natural Resources office in Indian River to verify that it was indeed a legal animal. Employees from both wildlife and law enforcement divisions inspected the buck and agreed with John that it fit the legal description of a piebald. John posed with the deer for photos that appeared in a local newspaper and dropped the animal off with a taxidermist to have a full mount done.

After the deer was skinned, Ingersoll took the white buck's head to the DNR office in Gaylord to have it aged and tested for TB.

Some Indian River residents had been feeding and photographing an albino buck for four years. When they saw the photo of John with the deer he shot, they assumed it was the same whitetail and they insisted the DNR investigate. They accused Ingersoll of coloring the deer's hair brown.

So a conservation officer went to the taxidermist who had the hide of the deer Ingersoll shot and took some small samples of the hide with brown hair attached, to have them tested for any manmade coloring agent. When John found out about this, he got angry. He felt his permission or a warrant should have been obtained first.

It was his position that the samples were obtained illegally. Consequently, he took the hide from the taxidermist who had it because he felt the taxidermist should have consulted him before giving the officer permission. Since John felt he had all of the verification he needed that the white buck was a legal deer when he took it to the Indian River DNR office, he felt justified to react the way he did. His behavior in objecting to the taking of evidence, however, was interpreted as a sign of guilt by the investigating officers.

Examination of the samples taken from John's deer confirmed that they had not been tampered with, verifying, once again, that the deer was legal under Michigan law. The buck Ingersoll shot was also aged at 2 1/2 years old, meaning it couldn't be the albino that local people had been feeding for four years. And, in fact, the albino buck John was suspected of shooting was later seen alive.

But Ingersoll's reputation had been tarnished. The people who had been feeding the albino buck wrote a letter to the editor of the local newspaper, accusing him of shooting the deer. As a result, John said people stopped coming to his boat repair business. He and his family were also harassed in public because of the false accusation.

In an attempt to clear his name, John filed a civil suit against the people who he felt slandered him. He wanted DNR officers to admit in court that he shot a piebald whitetail and not an albino. That didn't happen and the suit was dismissed. At least one DNR employee testified that the deer John shot was an albino, but it was still legal for him to shoot because of the spots of brown coloration.

The officer testified that there are some situations in which an albino whitetail can be legal to shoot and the buck Ingersoll shot represents one of those situations. The brown coloration on the buck's head and hocks was staining caused by the glands in those locations. Whitetail bucks have forehead glands that are active during the rut and secretions from those glands stain the hair. Adult bucks also rub their heads on trees and brush that can result in additional staining. Hair on the hind legs is also stained from the tarsal glands.

The hair on the hind legs of adult albino does can become discolored from their tarsal glands, too, which makes the law protecting albinos in Michigan unenforceable. The law was a bad one to begin with because it was based on political pressure and emotion rather than science. It's about time the law is eliminated.

John felt that some pigmentation of the white buck's eyes helped verify it was a piebald, but that's not true. Albinism is a mutation that results from the lack of color in skin and hair. Deer with this condition simply don't produce melanin, which is responsible for normal pigment or coloration. Without color, the skin is pink and hair white.

Pink eyes are normally associated with true albinos, too, and many of them do have eyes that look pink, but that isn't true in all cases. Most of the albino whitetails I've seen have had some coloration in the irises of their eyes such as a gray or light blue. Their pupils are pink, however, which isn't often easy to tell unless viewed under direct sunlight, with a spotlight or a camera flash.

An article by Carl J. Witkop, Jr. about albinism in the October 1975 issue of Natural History Magazine mentions that some albinos have an enzyme called tyrosinase, which allows the formation of slight amounts of pigment, with the eyes being one location where this pigmentation appears. Most of the albino whitetails I've seen and photographed have been tyrosinase positive deer. Those with pink eyes are tyrosinase negative. Pink-eyed albinos are supposed to have poorer vision than those that have some pigmentation in their eyes.

The buck Ingersoll shot had a pink nose and hooves, which are typical of albinos, too. True piebald whitetails normally have black noses and hooves. There are exceptions though, like the piebald buck Michigan bowhunter Chad Bleeker arrowed on October 1, 2003. It had a pink nose and hooves, indicating it had some albino genetics. Some people refer to piebalds as partial albinos for that reason.

In a letter to John, DNR Director Rebecca Humphries summed up her analysis of the situation this way: "Your situation has helped reveal to the Department that the rules and regulations relating to albino deer need to be changed. I have asked our Wildlife Division to prepare an order for the Natural Resources Commission that would make the harvest of an albino deer legal in the State of Michigan. Truly, in cases whether it is initially difficult to determine whether a deer is legal or not is burdensome to the hunter. Moreover, there is no compelling scientific reason to protect these deer as albinism represents a mutation that is not desirable in a deer herd.

"You have obviously gone to great effort to resolve this matter, and I understand the time and resources you have committed to that resolution. The DNR has also committed a great deal of its time and resources to resolving this matter as well. This letter represents the final determination of the Department, and, from this point forward, we consider the matter closed. I thank you for bringing this matter to my attention."

Another reason the protection for albino deer is being removed by the DNR is the regulation also protects escaped exotic deer that are all white in color. The change will allow hunters to shoot exotic deer that have escaped from enclosures to remove them from the population.

John has spent $180,000 in legal fees for depositions and an attorney to represent him in this matter. The late television show host Fred Trost was Ingersoll's lawyer. Anyone who is grateful for John's efforts and would like to help him out of the financial hole he's in can send contributions to him at 7170 Tuscarora Circle, Indian River, MI 49749.


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http://www.woods-n-waternews.com/Articles-i-2008-06-01-179043.112113_Hunters_persistence_may_result_in_la w_change_regarding_albino_deer.html

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