Health & Fitness
This little piggy went to court
And on this farm he had some illegal pigs … E .. .I … E … I …O.
Mark Baker, owner of Baker’s Green Acres, testified on the Michigan House floor about the effects of DNR regulations on his pig farm in Missaukee County. For his troubles, Mr. Baker has been hit with 700,000 dollars in fines and ordered to destroy his animals.
The pigs on Baker's Green Acres are considered an invasive species in Michigan, the same type of hogs that are wreaking havoc in a growing number of states. Baker has had more than eighteen months to comply with Michigan law, but so far has not.
Backed by community members, food freedom groups, and TEA Partiers; Baker’s Green Acres has filed a lawsuit against the Michigan Department of Natural Resources. In a Missaukee County Courthouse packed with Baker supporters, the Attorney General’s office defended the state’s actions in a July 12th summary hearing.
This is only one of many legal battles being fought over the MDNR’s on feral pigs in Michigan. For the Bakers and their supporters, this is about big government overreach, private property rights, and excessive punishment of small businesses. For food freedom activists, it’s about the big pork industry lobbying the government to punish their competition. For the state, it’s about the eradication of an animal that poses a very real threat to Michigan’s environment.
In order to form an educated opinion, you must consider all sides of this issue.
Mark Baker’s pigs are different. Most domestic pigs are packed into pens, where they’re fattened up on GMOs for the slaughter. Mark’s pigs are acorn fed and pastured. The pigs at Baker’s Green Acres are allowed to run, wallow in mud, and do all manner of piggy things. The result is top notch pork, that people pay well for. Customers ranged from local restaurants and chefs, to foodie folks who find free range pork an appealing alternative to the domestic meat mill.
Then big government shut him down, and slapped him with over half a million in fines.
In 2010, The MDNR listed the feral pig, and all its variations, in their Invasive Species Order. Species on the list are illegal to possess in Michigan.
Again, Mark Baker’s pigs are different. Mark’s pigs are a crossbreed of domestic pig and wild Russian boar, a type identified by name in the ISO. Wild boar traits help these pigs survive Michigan’s climate. The same principle that allows them to thrive on Baker’s Green Acres, however, is also allowing their populations to explode in the wild.
The state argues that their goal is to eliminate the Russian wild boar (Sus scrofa), the type bred into Mark’s pigs; and not the commonly farmed domestic pigs (Sus domestica). Sus scrofa and Sus domestica are a phenotype, not a genotype. That means the difference is not in the genetics, it’s in the appearance. In fact, the DNR’s standard for identifying Sus scrofa is based entirely on how the animal looks, and not on anything in its DNA.
As it turns out, telling the difference between hogs can be a matter of opinion. Domestic pigs can turn wild in one generation. An escaped farm pig will Immediately begin a physiological change to adapt to its new life in the wild. These animals, and their offspring, are referred to as “feral.” Even though they don’t look like Babe, under a microscope, they are basically the same.
The hogs at Baker’s Green Acres could be the victims of pig profiling.
It’s possible that the only difference between the feral hog and the farm pig, is which side of the fence it’s standing on. Many don’t appreciate the DNR’s presence on the farm side of the fence, the private property side.
Feral hogs are destructive critters. They can grow to over 300 pounds, and are notoriously aggressive. They are carriers of diseases harmful to humans and livestock. Their rooting behavior causes millions of dollars in crop and property damage each year. Eating everything from roots and plants to birds and small mammals, these pigs are in direct competition with native species for food.
Thirty years ago, there were no wild hogs in Michigan. Currently, the DNR estimates the population between 3,000 and 5,000 strong. Wild boar sightings have been reported in 72 of the state’s 83 counties, including here in Wayne County. A female in the wild is capable of producing 12 piglets each year. With the numbers against them, the DNR’s Invasive Species Order may only be a rearguard action at best.
Stuck in the middle is Baker’s Green Acres….loved by the community, targeted by the government. Mark Baker is a small business owner, a man who ranches his own property to provide for his family. He has never had a pig escape into the wild, but now he stands to lose everything because of the potential threat his animals pose to the environment.
“I will take these matters under advisement and render a written opinion, but this is very complicated,” said 28th Circuit Court Judge William Fagerman. He’s absolutely right, it is very complicated; and it’s not just about pigs.
A broader debate about environmental responsibility in the free market is being hashed out in small town courtrooms around the state. Feral pigs, hydraulic fracking, and genetically modified crops are a few hot issues in Michigan; pitting government against property owners and small businesses. Those of us who are concerned with the size and scope of government should be asking ourselves a question never considered by the founders: What is the proper, Constitutionally limited role of government, in the protection of our natural resources?
I’ll let you draw your own conclusion …. I’m off to grab a ham sandwich. The next court date is scheduled for August 27th.