This is the post OG made yesterday. Food for thought if nothing else.
Quote from: bigbullshedhunter on December 06, 2012, 07:44:17 PMJust 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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