# blueberry picker



## James Dymond (Feb 23, 2002)

Are blueberry pickers/rakes legal to use in Michigan?...


Discussion Thread
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Response (Jaqueline Waber) - 08/10/2005 12:58 PM
Not on state land.


This is a copy of reply I got from ask the DNR on the legality of pickers.

Jim


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## swampbuck (Dec 23, 2004)

I have asked this question to the dnr 3 times once to the person that the operator connected me too at regional, I dont remember his name and to 2 co's, including boer in the law forum. the answer I have recieved each time is that it is illegal for commercial harvest but there is no law regarding using a rake to harvest for personal use. In fact as far as I have been able to determine there are no laws regarding harvesting them for personal use at all.

Who is Jaqueline Waber and did you clarify whether you where asking about commercial use or personal use?

I have been using a rake for personal use, for several years and will continue to do so until I see a law in wrighting or I recieve a ticket.and if I recieve a ticket I will fight it in court and see if they can make it stick.

I believe that it is LEGAL FOR PERSONAL USE


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## Rondevous (Mar 14, 2005)

Just keep in mind that certain SGA's do not allow the picking of berries,
only mushrooms may be harvested.
Without the complete posts emails etc it is hard to determine what was asked or answered.


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## James Dymond (Feb 23, 2002)

Swampbuck: I am just telling what the answer was from "ask the DNR" as I said in the earlier post about pickers. I had the question in before you explained that you had already asked about their legality because most people I talked to around here thought they had been illegal for years. I did not specify if they were for commercial or personal use. I never heard of Jaqueline Waber before. Maybe we can get another reply from Ray. 
Jim


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## Big Frank 25 (Feb 21, 2002)

Your query returned 0 results 



http://www.state.mi.us/dit/directory.aspx


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## bogwalker (Aug 5, 2002)

Swampbuck...if I remember right they were pretty destructive to the plants and were classed as illegal.Using them just because you can is like shaking down apple trees in the ditches or old homesteads" just because you can" it doesnt make it ethically right.


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## boehr (Jan 31, 2000)

Jaqueline Waber is the current Sergeant in the Legislative Section for Law Division in Lansing.

I don't recall answering a question about using a rake for blueberries, maybe someone could provide a link to that post.

As for the current law for State Lands:
R 299.922 Unlawful acts generally. Rule 22. On lands owned or under the control of the department, it is unlawful for a person or persons to do any of the following:

(h.) To destroy, damage, or remove trees, shrubs, wildflowers, grasses, or other vegetation. Except in wildlife food plots, this subdivision does not apply to picking and removing mushrooms, berries, and edible fruits or nuts for personal use.

Now if a rake does more than just pick and destroys or damages the plant then.....

http://www.michigandnr.com/publications/pdfs/huntingwildlifehabitat/sga/std_back_rules.pdf


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## swampbuck (Dec 23, 2004)

http://www.michigan-sportsman.com/forum/showthread.php?t=90703

original post

http://www.machiasblueberry.com/blueberries.html

if they damaged plants , farmers wouldnt use them. that would be like an orchard owner cutting down there trees. in fact I would say that the patches that I harvest have improved over the years.due to the rake removing dead material and seperating/untangling the plants.this is exactly what I use.


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