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Author Topic: would this be legal?  (Read 16500 times)

Offline Devinshoe

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Re: would this be legal?
« Reply #15 on: December 07, 2012, 09:39:28 PM »
Dont put your ideas on here. just do it.. the internet police with will tell you no! Because they are all jealous!

Offline 6x6in6

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Re: would this be legal?
« Reply #16 on: December 07, 2012, 09:50:36 PM »
Good idea!
He should put his name, address, phone number and mothers maiden name on it too so nobody tries to steal it.

Offline norsepeak

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Re: would this be legal?
« Reply #17 on: December 07, 2012, 10:14:26 PM »
Just build a fenced in square 20ft by 20ft.  Put some bait in the middle.  When the elk/deer jump over the fence a lot of time their antlers will drop when their front legs impact the ground when they land.  Simple, and doesn't hurt the animals.  Can use simple wire instead of actual fencing, just something that they can see and have to jump over.

Offline carpsniperg2

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Re: would this be legal?
« Reply #18 on: December 07, 2012, 10:18:35 PM »
 :yeah: I find a lot of shed where they jump the fences on my place.
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Offline Maverick

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Re: would this be legal?
« Reply #19 on: December 08, 2012, 07:05:34 AM »
norsepeak has the right idea.

Offline pianoman9701

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Re: would this be legal?
« Reply #20 on: December 08, 2012, 08:41:21 AM »
Dont put your ideas on here. just do it.. the internet police with will tell you no! Because they are all jealous!

He posted a topic asking if we thought it was legal, and we're giving our opinions. That makes us the internet police? :chuckle: :chuckle: :chuckle: Jealousy doesn't figure in. I can find plenty of sheds without risking harm to the critters.
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Offline huntnphool

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Re: would this be legal?
« Reply #21 on: December 08, 2012, 10:03:33 AM »
Dont put your ideas on here. just do it.. the internet police with will tell you no! Because they are all jealous!

He posted a topic asking if we thought it was legal, and we're giving our opinions. That makes us the internet police? :chuckle: :chuckle: :chuckle: Jealousy doesn't figure in. I can find plenty of sheds without risking harm to the critters.
:yeah:
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Offline adamR

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Re: would this be legal?
« Reply #22 on: December 08, 2012, 10:04:51 AM »
it's not illegal....

Is it really worth risking the life of a deer that is already having a tough winter so you can get more sheds the "easy" way? 
If you are going to feed them anyways find a brushy area and put the feed at the bottom of the brush.  When the deer go into the thick brush it may knock the antlers off.  It's safe, there is actually some sport and challenge to it, and you are still feeding the deer.
Part of the joy of sheds is actually being out and finding them.  If you don't want to do that but still want sheds go to an antique store and buy them, it would probably be cheaper than buying feed all winter.

I'm not bashing you for thinking of this plan because I actually thought about it last year and really started thinking about the harm v.s. the reward and it was not worth it.  So I fed deer all winter and just went out every day and looked for sheds.

Offline grundy53

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Re: would this be legal?
« Reply #23 on: December 08, 2012, 10:39:39 AM »
it's not illegal....

Is it really worth risking the life of a deer that is already having a tough winter so you can get more sheds the "easy" way? 
If you are going to feed them anyways find a brushy area and put the feed at the bottom of the brush.  When the deer go into the thick brush it may knock the antlers off.  It's safe, there is actually some sport and challenge to it, and you are still feeding the deer.
Part of the joy of sheds is actually being out and finding them.  If you don't want to do that but still want sheds go to an antique store and buy them, it would probably be cheaper than buying feed all winter.

I'm not bashing you for thinking of this plan because I actually thought about it last year and really started thinking about the harm v.s. the reward and it was not worth it.  So I fed deer all winter and just went out every day and looked for sheds.
:yeah:
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Offline ICEMAN

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Re: would this be legal?
« Reply #24 on: December 08, 2012, 05:19:26 PM »
adamR, great perspective.
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Offline Bonedar208

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Re: would this be legal?
« Reply #25 on: December 08, 2012, 05:28:14 PM »
  I'd rather just watch them an hike.

really?

....Obviously you are not following...
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Offline Outdoor Guardian

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Re: would this be legal?
« Reply #26 on: December 20, 2012, 01:48:48 PM »
Just wanna get some thoughts on the idea of it. Ain't nothin out there big enough to trap elk antlers. Jst deer

It's not legal, but it is sure creative. So here is your crosswalk.  Under RCW 77.08.010(65) the department defines what it means “to hunt”.......: "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

WAC 232-12-287 states that you can’t possess wildlife found dead and antlers possessed must be naturally shed.  RCW 77.15.410(a) and (b) speaks to illegal hunting in regards to time,  manner and area/closed season.  Bottom line, this type of device at a minimum would be considered harassment ultimately end up in illegal take/possession.  For instance, what would happen if a bull that was not ready to shed was entrapped in this device overnight when the trap was not attended.  The animal could become critically exhausted and expire.  The person setting the trap could be cited for illegally hunting of big game based on the statute definitions.   OG




WAC 232-12-287 Possession of dead wildlife. (1) Except as authorized by permit of the director or by subsection (2) of this section, it is unlawful to possess wildlife found dead. This rule does not prohibit the possession of naturally shed antlers of deer, elk, or moose.

(2) An individual may remove and dispose of wildlife found dead on his or her property or an adjoining public roadway. Before removing the wildlife, the individual shall, by telephone, notify the department or the Washington state patrol communications office, and shall provide his or her name, address, telephone number, and the description and location of the wildlife. The individual may remove the wildlife for disposal only, and may not retain the wildlife for personal use or consumption. Other laws and rules may apply to the disposal, including rules of the department of health (WAC 246-203-120). Wildlife removed under this section remain the property of the state.



[Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), § 232-12-287, filed 8/5/03, effective 9/5/03. Statutory Authority: RCW 77.12.040. 95-10-026, § 232-12-287, filed 4/26/95, effective 5/27/95; 81-12-029 (Order 165), § 232-12-287, filed 6/1/81. Formerly WAC 232-12-180.]



RCW 77.08.010

Definitions.
The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
(65) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.


RCW 77.15.410

Unlawful hunting of big game -- Penalty.
(1) A person is guilty of unlawful hunting of big game in the second degree if the person:

(a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; or

(b) Violates any department rule regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game.

(2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:

(a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or

(b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.

(3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

(b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all of the person's hunting licenses or tags and order the person's hunting privileges suspended for ten years.

(4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.
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Offline adamR

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Re: would this be legal?
« Reply #27 on: December 20, 2012, 02:07:25 PM »
It's not legal, but it is sure creative. So here is your crosswalk.  Under RCW 77.08.010(65) the department defines what it means “to hunt”.......: "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

WAC 232-12-287 states that you can’t possess wildlife found dead and antlers possessed must be naturally shed.  RCW 77.15.410(a) and (b) speaks to illegal hunting in regards to time,  manner and area/closed season.  Bottom line, this type of device at a minimum would be considered harassment ultimately end up in illegal take/possession.  For instance, what would happen if a bull that was not ready to shed was entrapped in this device overnight when the trap was not attended.  The animal could become critically exhausted and expire.  The person setting the trap could be cited for illegally hunting of big game based on the statute definitions.   OG[

I disagree with you that this is illegal, I see your point and yes if an animal died or was injured then it is a whole different story but to say it's illegal right off the bat seems like a reach to me after what I read.  (I still disagree with getting sheds this way, I just don't see how it's illegal with actually hurting the animal)

Offline h20hunter

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Re: would this be legal?
« Reply #28 on: December 20, 2012, 02:09:56 PM »
Could it be that "naturally shed" could be the problem? Bringing in a "device" meant to encourage the antlers coming off may not be naturally shed.

Offline adamR

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Re: would this be legal?
« Reply #29 on: December 20, 2012, 02:50:14 PM »
you make a valid point h20hunter but by that logic if a deer's antler gets caught in my fence and I pick up that shed does that mean I'm harassing wildlife?  Technically it wasn't natural and my property caused it.  I understand what Outdoor Guardian was getting at I just feel like that is an interpretation of the law and not a set in stone answer.

 


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