Calling elk legal?

[xd2005]

For those thinking we might have just gotten a bad CS person, on a bad day, we had a thread similar to this some months ago and IIRC, we got the same response from WDFW then too. 

[DIYARCHERYJUNKIE]

Try getting through to enforcement division.

[Blacktail Sniper]

Try getting through to enforcement division.

That is frustratingly true and in and of itself reason to call them on the carpet and push for better communication or more accurately, just a response. 

[Curly]

Why push the issue if no warden ever intends on writing a citation for this?   

[Blacktail Sniper]

Try getting through to enforcement division.

That is frustratingly true and in and of itself reason to call them on the carpet and push for better communication or more accurately, just a response. 

Why push the issue if no warden ever intends on writing a citation for this?   

Just to make sure that what I posted was inturupted correctly, here, I was saying push the issue regarding enforcement and their slow and more often times (in my experience) no response when an inquiry is made.

Customer service division should not have anything to say or do when an inquiry is made regarding laws, regulations or that type question.

[Maybee-R]

Why push the issue if no warden ever intends on writing a citation for this?   

Why? So no one ever gets cited for it. Its not like speeding and getting out of a ticket. its more like a hit and run to me. pretty important.
Same as hunting on the other side of the fence. Your not suppose too so dont. or are you?

[Curly]

My feeling is that trying to clarify the issue could result in discussions in wdfw enforcement where they then make it an issue to go after people..............whereas currently I doubt any wardens are looking to pinch someone for this.  Lots of things are technically illegal, but are not enforced...........I think this is one of those issues. 

I don't have a problem going out and calling elk for someone else (when I don't have a tag), but if this rule that never gets enforced becomes common knowledge that it is illegal, then I'm going to have a hard time saying I was unaware that it was illegal.  (I realize ignorance of the law is no excuse, but I do think that a warden would let it slide if you say you didn't know it was illegal.)

If wdfw is forced to make a written ruling clarifying the law, then maybe they will be obligated to start enforcing it.  (Am I making any sense, or am I just out in left field)? 

[h20hunter]

Makes perfect sense to me.

[Blacktail Sniper]

True, but how many people really get a warning from F&W when contacted over a violation?  People I have talked to and seen incidents first hand, it isn't like getting pulled over for speeding, where there is at least a 50/50 chance at best you will be on your way with a warning and no ticket, seems like with F&W, if is something is ticketable, they write it.  They might not write for everything they could, but they will write you for something.

Example case in point, talked to both the F&G and a hunter, about 6 years ago, when/while this happened.  Mudflow Antlerless Elk hunt, the hunter shoots an animal inside the trees after watching it for several minutes with binos and is sure it is antlerless.

Walks up and it has very small, but above the hairline horns.  This guy had no prior issuse with WDFW violations and is just crushed him that he made a mistake.  He calls and reports what happened because he feels that is the right thing to do, the ethical thing in his mind. 

Now, the investigating officer wrote him for something like an Illegal kill in a closed area...antlered animal in an antlerless area/permit, words to that effect, but I think you get idea.

There was clearly no intention of this fellow intending to violate the law, and honestly, if he had not called it in he more than likely would have gotten it out and home scott-free, or even just left it where it was and drove away.  His honesty was rewarded with a ticket.  the warden said he was doing him a "favor" by not pulling his license, firearm, etc. because he could see how bad this fellow was taking his mistake.

I do not believe or trust, in part, maybe due to their being spread so far and wide, and the amounts of uncaught (if that is a word) incidents, that they just give warning for violations they feel can prove or witness, intent to violate does not apparently factor in. 

It seems to me that, right or wrong, it is the mentality that I caught you this time, so you must have done something else that I didn't catch, so here ya go...GOTTCHA!! 

Maybe, if the person pushes through to a jury trial, he may be able to get a Not Guility, but at what cost?  Atty fees, time lost from work for court, etc.  And even then, can't always predict how a jury will see it and who they will believe.  Read back through the RTSpring postings about his incident and what he went through.

Of course there are always the lazy ones, like in any industry or profession, who would not do anything that required them to put forth effort and take action unless there was absolutly no way out of it. 

And in the case of calling, I believe that unless you were seen, first hand, in action actually doing the calling and at that time, it was determined that you didn't have lic, tags etc, there would be nothing happen. 

I really can't blame the OP for wanting to make sure he is doing everything on the up & up. 

[Maybee-R]

I called enforcement..its a written law and will be enforced. You get caught you will be cited for a violation. ..
I guess now we need legislation to over turn such an unjust law. I worried this would be the case. Now we all know.

[Blacktail Sniper]

I called enforcement..its a written law and will be enforced. You get caught you will be cited for a violation. ..
I guess now we need legislation to over turn such an unjust law. I worried this would be the case. Now we all know.

Thanks for sticking through and getting an answer.  Now would be a good time to address things like this since it is the middle of the 3 year planning cycle, and things are being considered for additions and cjanges to the cycle that will start in 2015. 

[Blacktail Sniper]

Also, by chance did they give you the specific RCW or WAC code that covered this? 

[Maybee-R]

Also, by chance did they give you the specific RCW or WAC code that covered this?
[/quote,

No he didnt. But said it was enforcible and would be...I'm going to get WSAA to look into this and get it changed.

[Blacktail Sniper]

Also, by chance did they give you the specific RCW or WAC code that covered this?
[/quote,

No he didnt. But said it was enforcible and would be...I'm going to get WSAA to look into this and get it changed.

Cool, keep us posted on here and I am sure that folks will be willing to toss support by sending emails, letters. phonecalls, etc.

[Maybee-R]

Ok. New email. Jerry said law enforcement wont ticket you if your not packing a weapon.
And was upset sounding because of the earlier email. Even the head of enforcement agrees its dumb. So sounds like by the book was indeed the way I did It.