Effort to assign elk liability accompanies predictions of damage

JEFFERSON CITY, Mo. -- The rules for cows will hold true for elk if one Republican lawmaker gets his way.

The Missouri Department of Conservation's decision to reintroduce elk into a three-county area of south central Missouri will result in property damage and the possibility of injury or death to drivers who collide with the large animals on roadways, Rep. Rodney Schad, R-Versailles testified at a House hearing Monday.

"If my cows do damage, then I am responsible for the damage they do," Schad said. "All other state agencies are responsible for their actions, why isn't MDC?"

Last fall, the conservation commission voted to re-introduce elk into Missouri in a controlled habitat in parts of Reynolds, Carter and Shannon counties. The herd nucleus has been trapped in Kentucky and is being held there in 90-day quarantine before moving to Missouri where they will be held for more health tests before their release.

And once they are released, area residents who testified at the hearing fear the elk will roam and cause damage to fences, pasture, even residential lawns and gardens.

Bobby Simpson is a cattle farmer in southern Dent County, near, but not inside the elk containment area.

"Elk are grazers. ... They will compete with our cattle for food," Simpson said. "They like grass and they love alfalfa, which are my two main crops. "It's not a matter of if or when these elk do damage, it's a matter of where and how much they do."

Simpson said the experience of family members in New Mexico and Colorado, where elk are prevalent, show that beyond competing with livestock for food, they also take a heavy toll on fencing, damaging the barriers and at times, allowing cattle to escape.

Dent County Presiding Commissioner Darrell Skiles also addressed the committee speaking in favor of the legislation. He said fellow commissioners in Arkansas, where elk have been reintroduced, tell tales of damages to lawns, gardens, shrubs, even lawn sprinkler systems. He said the elk in Arkansas were originally placed in a three-county area, but are now prevalent in at least eight counties.

"For the Missouri Department of Conservation to dump these large animals in proximity to public areas is outrageous," Skiles said.

Skiles and Simpson pointed out that roads such as Highway 106 and 19 cut through the elk population zone, and four-lane Highway 60 is just south of the southern border of the elk range.

Missouri Department of Conservation biologist Aaron Jeffries told the committee all elk released into the wild will be fitted with radio tracking collars and area conservation agents will respond to elk complaints within 24 hours. He said the legislation would have unintended consequences.

"How far do you go?" asked Jeffries. "Would then all damage done by deer, water fowl, squirrel, any wildlife be the department's responsibility?"

Jeffries explained that under the North American model of wildlife conservation, one entity can not be held responsible for the actions of wildlife.

"No one owns the wildlife," Jeffries said. "Ownership is between all of us. That's the foundation of wildlife conservation in Missouri. We manage the wildlife for the citizens of Missouri to use and enjoy."

Jeffries said the department would work with landowners inside the restoration zone to address any problems they may have.

The committee did not take a vote on the bill, which is believed to be the first of its kind in the country.