This past winter, a Minnesota sheriff allegedly overstepped his bounds by issuing an “elk possession tag” to a farmer who shot and killed an elk after elk herds had damaged his crops and feed. A case report from the Minnesota Department of Natural Resources (DNR) obtained by MeatEater explains the situation.
On January 10, Carl Christopherson complained to Kittson County Sheriff Matt Vig about elk eating hay, beet pulp, and seeded crops on his farm. Christopherson said he’s been chasing the elk off his land, but they keep returning; he’s even had to start growing his alfalfa crop several miles away.
“I informed Carl that he should have the right to protect his property from animals,” Vig wrote. “I told Carl that shooting an elk may be an option to protect his property from damages.”
On January 31, Christopherson notified Vig that he shot and killed one of about 15 elk that were in his yard eating beet pulp meant for his cattle, while another 40 or so elk were munching on his hay bales.
“Carl said he was frustrated and upset,” Vig wrote. “He grabbed his .223 rifle, opened up his kitchen window, and shot one of several elk that were walking by his house. He shot the elk in the head, which died on impact.”
Vig told Christopherson he could keep the elk and process it without concern of being charged with a crime. On February 3, Vig gave Christopherson an “elk possession tag,” which he claimed gave Christopherson the legal right to possess the illegally taken elk.
But here’s the hitch: the DNR is the only entity in the state with the authority to issue possession, take, or hunting permits for wildlife. The elk-possession permit issued by the sheriff was not authorized or issued by the DNR and, therefore, was not a legal permit.
Minnesota’s elk population is small only consisting of a few hundred animals in three primary herds in the northwest portion of the state. While tags are available, the total harvest in the Land of 10,000 Lakes is generally only between five and 20 elk annually. With such a small population, poaching in any form poses a significant threat to the viability of the state’s elk herds.
Neither Sheriff Vig nor Christopherson reported the taking of the elk to the DNR. In fact, the DNR was not made aware of the situation until April.
The DNR may authorize tags for licensed hunters to take nuisance elk, but the sheriff’s department does not hold the same legal authority to do so. So, the DNR has filed a lawsuit seeking an injunction against the Kittson County Sheriff to prohibit such action in the future.
Essentially, the lawsuit asks a judge to declare that sheriffs do not have the authority to issue permits or tags for the taking or possession of wild animals and instruct them to refrain from doing so in the future.
As for Christopherson, the Minnesota Bureau of Criminal Apprehension conducted a criminal investigation and submitted a recommendation to Kittson County Attorney Robert Albrecht. It will be up to Albrecht to decide if he wants to pursue charges against the farmer.
Farmers and ranchers are by no means left hanging by the state regarding elk damage. In addition to the DNR’s ability to give tags for nuisance elk, the state also administers a program through the Minnesota Department of Agriculture that can provide grants to farmers who suffer crop damage from elk.
Feature image via Adobe Stock.
Read the full article here