Legal question

[kodiak 907]

One eyewitness is all that it takes.

I got a trespass ticket for sending my dog into a private field to retrive a snow goose that i shot in my "quality hunt field" (Fir Island), the bird drifted and died just into private property.

The freakin goose was only about 30 yards over the line.

If the land owner wants you to get a ticket, the officer will issue the ticket.

[Bob33]

One does not have a legal right to retrieve game from private property without permission, with some exceptions due to recent changes in the law.

[bobcat]

Just say you told the dog to leave it but the dog didn't listen and got it anyway. Give the citation to the dog. 

[kodiak 907]

That would have been a good response.

I could not believe I was being issued a ticket. I will not hunt out there again.

[bigtex]

Shooting the coyote and "leaving it lay" would actually fall under wastage and is a hunting/wildlife offense. As far as trespassing goes, it would definitely be an interesting one for the prosecutor. But certainly a wastage charge would apply, you can't let ANYTHING waste, doesn't matter if it's a buck or a coyote.

[Bob33]

Shooting the coyote and "leaving it lay" would actually fall under wastage and is a hunting/wildlife offense. As far as trespassing goes, it would definitely be an interesting one for the prosecutor. But certainly a wastage charge would apply, you can't waste ANYTHING!

Technically that's true, but coyotes are shot and left all the time. I've never heard of anyone being cited.

Which portions of the meat do you eat?

[bigtex]

Shooting the coyote and "leaving it lay" would actually fall under wastage and is a hunting/wildlife offense. As far as trespassing goes, it would definitely be an interesting one for the prosecutor. But certainly a wastage charge would apply, you can't waste ANYTHING!

Technically that's true, but coyotes are shot and left all the time. I've never heard of anyone being cited.

Which portions of the meat do you eat?

I'm not saying it doesn't happen. I was simply saying it's against the law. For me, I want to see the animal removed from the field, if you take the coyote home and throw it in the garbage can then so be it, but if you just shoot it and "leave it lay" I would have no problem with any officer citing you.

[Bob33]

Shooting the coyote and "leaving it lay" would actually fall under wastage and is a hunting/wildlife offense. As far as trespassing goes, it would definitely be an interesting one for the prosecutor. But certainly a wastage charge would apply, you can't waste ANYTHING!

Technically that's true, but coyotes are shot and left all the time. I've never heard of anyone being cited.

Which portions of the meat do you eat?

I'm not saying it doesn't happen. I was simply saying it's against the law. For me, I want to see the animal removed from the field, if you take the coyote home and throw it in the garbage can then so be it, but if you just shoot it and "leave it lay" I would have no problem with any officer citing you.

If it is the same "reckless wastage" law that applies to other game such as deer and elk, then you must take the meat and yet no one does. I've asked this question of several enforcement officers. They've all said the law does not apply to predators such as coyotes and crows.

I think you're far more likely to get cited for illegal dumping.

In any case, it's a bad idea.

[bobcat]

That's ridiculous. Why take it home just to throw it in the garbage so it can be buried in a landfill? Very few people bring dead coyotes home to do anything with them. Maybe that's a law that needs to be re-written.

I could see removing it from a farmer's field and putting it in a more hidden, obcure location where it won't be seen by people. But to bring them home just to put in your garbage can is just weird to me. I can just imagine, filling the garbage can up with coyotes and having no room for any real garbage.      

[bigtex]

Shooting the coyote and "leaving it lay" would actually fall under wastage and is a hunting/wildlife offense. As far as trespassing goes, it would definitely be an interesting one for the prosecutor. But certainly a wastage charge would apply, you can't waste ANYTHING!

Technically that's true, but coyotes are shot and left all the time. I've never heard of anyone being cited.

Which portions of the meat do you eat?

I'm not saying it doesn't happen. I was simply saying it's against the law. For me, I want to see the animal removed from the field, if you take the coyote home and throw it in the garbage can then so be it, but if you just shoot it and "leave it lay" I would have no problem with any officer citing you.

If it is the same "reckless wastage" law that applies to other game such as deer and elk, then you must take the meat and yet no one does. I've asked this question of several enforcement officers. They've all said the law does not apply to predators such as coyotes and crows.

I think you're far more likely to get cited for illegal dumping.

In any case, it's a bad idea.

The law does not separate between species. It's simply "wasting wildlife," per state law "wildlife" means those in the animal kingdom, coyotes are in the animal kingdom. You can't waste a coyote because it's a predator, it falls under the animal kingdom and per state law, you can't waste wildlife.

Wastage of big game is under RCW 77.15.170 and is a gross misdemeanor:

(1) A person is guilty of waste of fish and wildlife if:
(a) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and
(b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.
(2) Waste of fish and wildlife is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife for a period of one year.

Wasting a coyote would fall under RCW 77.15.160(2)(c)
The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW:
(2) Hunting infractions:
(c) Wasting wildlife: Killing, taking, or possessing wildlife that is not classified as big game and has a value of less than two hundred fifty dollars, and allowing the wildlife to be wasted.

I know of several citations issued for the 77.15.160 offense for coyotes every year in Grant and Adams Counties. Some officers may say it's ok and they wouldn't cite for it, but if an officer wanted to they could.

[Blacktail Sniper]

This was hashed out pretty thoroughly awhile back and I thought it was determined that wastage would not apply based on the laws requirement that a non-big game animal had to have a value of $250.00 or more:

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.170


RCW 77.15.170
Waste of fish and wildlife — Penalty.

     *** CHANGE IN 2014 *** (SEE 6041-S.SL) ***

(1) A person is guilty of waste of fish and wildlife if:

     (a) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and

     (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.

     (2) Waste of fish and wildlife is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife for a period of one year.

     (3) It is prima facie evidence of waste if:

     (a) A processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition; or

     (b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal. For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and:

     (i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or

     (ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.


[2012 c 176 § 16; 1999 c 258 § 5; 1998 c 190 § 21.]

   
 

[bigtex]

This was hashed out pretty thoroughly awhile back and I thought it was determined that wastage would not apply based on the laws requirement that a non-big game animal had to have a value of $250.00 or more:

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.170

The wastage offense was separted in 2012. Those wastage cases over $250 remained a gross misdemeanor, those with a value of under $250 were decriminalized and made into a citable infraction and now fall under RCW 77.15.160

[Bob33]

The law does not separate between species. It's simply "wasting wildlife," per state law "wildlife" means those in the animal kingdom, coyotes are in the animal kingdom. You can't waste a coyote because it's a predator, it falls under the animal kingdom and per state law, you can't waste wildlife.

Yes that's the law. So why is no one required to eat the meat of a coyote? If you leave a quarter of a deer or elk in the field, you would be cited for wastage. Can you cite a single case where a Washington hunter was cited for leaving the meat of a coyote in the field?

[Blacktail Sniper]

I see what you are referring to now, so to be in compliance as the law as written, I would think that skinning the coyote to process the fur would then make it legal?

Then you would be able to dispose of the rest of it since their value is in the fur trade market and not an edible/food animal by common standards?

[bigtex]

The law does not separate between species. It's simply "wasting wildlife," per state law "wildlife" means those in the animal kingdom, coyotes are in the animal kingdom. You can't waste a coyote because it's a predator, it falls under the animal kingdom and per state law, you can't waste wildlife.

Yes that's the law. So why is no one required to eat the meat of a coyote? If you leave a quarter of a deer or elk in the field, you would be cited for wastage. Can you cite a single case where a Washington hunter was cited for leaving the meat of a coyote in the field?

As I've said officers write for it in Grant and Adams Counties which are some of the most popular counties in the state for coyote hunting. If it is the law then you can cite for it, doesn't mean all officers will, it just means they can. And like I've said, I've konwn officers that have, and I would have no problem with an officer doing it.