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Author Topic: Legal question  (Read 54937 times)

Online Blacktail Sniper

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Re: Legal question
« Reply #60 on: June 07, 2014, 09:32:31 AM »
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?

I would guess the difference lays in the fact that elk are big game animals and are covered in the other RCW.
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Offline pianoman9701

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Re: Legal question
« Reply #61 on: June 07, 2014, 09:32:53 AM »
What would constitute NOT wasting a coyote, BT? Keeping the pelt? What if the pelt were mangy? I would think that someone fighting a wasting charge in court for a coyote they let lay in the field wouldn't be too hard-pressed to win it. I can't imagine a court in the country that would consider not eating one a waste of game, so the pelt would be the only issue. I'm referring only to coyotes legally killed with landowner permission or on public land. Thanks for your input, BT.
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Offline Bob33

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Re: Legal question
« Reply #62 on: June 07, 2014, 09:35:06 AM »
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.
Wow. Coyote backstraps. I guess I've really been missing out.

Can I take my deer home and dump it in the garbage? Why not if it is the same as a coyote?
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Offline bobcat

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Re: Legal question
« Reply #63 on: June 07, 2014, 09:36:14 AM »
What would be accomplished by citing someone for leaving a coyote in the field? It makes no sense to me.

Offline bigtex

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Re: Legal question
« Reply #64 on: June 07, 2014, 09:41:14 AM »
What would constitute NOT wasting a coyote, BT? Keeping the pelt? What if the pelt were mangy? I would think that someone fighting a wasting charge in court for a coyote they let lay in the field wouldn't be too hard-pressed to win it. I can't imagine a court in the country that would consider not eating one a waste of game, so the pelt would be the only issue. I'm referring only to coyotes legally killed with landowner permission or on public land. Thanks for your input, BT.
Since the offense is an infraction there is no jury. It is simply you and the judge who decides if you wasted it or not.

Unfortunately WA's law does not define what is wasting and what is not, it simply says you can't waste wildlife. I personally don't like that there is no definition. Many states lay out in their law what parts must be taken of the animal in order for the hunter to comply with the law, WA does not do that. So it simply leaves it up to the officer, and then if somebody fights it, the judge to decide if the animal was wasted.

So for me, to completely eliminate a wastage charge I say to completely remove the coyote from the field. I don't want to say that removing the pelt will clear you because another officer may see a skinned out coyote and immediately flag it as wasting. Again, this is where I believe a clearly written wasting wildlife law needs to be written as far as what needs to be taken and what can stay in the field.

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Re: Legal question
« Reply #65 on: June 07, 2014, 09:43:37 AM »
What would be accomplished by citing someone for leaving a coyote in the field? It makes no sense to me.

In the context of the original topic of this thread, it would be done because the hunter shot into a field that he did not have permission to hunt and the landowner or officer felt it needed to written.

As for the question about the mangy hide, I would think the same would apply as if you killed an infected deer or elk that could not be eaten, I don't know, that is why my post was written as a question.
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Offline Curly

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Re: Legal question
« Reply #66 on: June 07, 2014, 10:02:39 AM »
So how about this then.  Let's say that same field has a flock of crows in it during a legal season to shoot crows.  Let's say someone shoots a crow without landowner permission with a 50 grain out of a 223 wssm with a mv of 4,000 fps and just vaporizes said crow.  Would a game warden charge him with anything?

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Offline bobcat

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Legal question
« Reply #67 on: June 07, 2014, 10:03:50 AM »
That would be littering.  :rolleyes:

Offline Bob33

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Re: Legal question
« Reply #68 on: June 07, 2014, 10:10:31 AM »
Just don't shoot anything on someone's property you do not have permission to do so on, and all the questions and problems disappear.
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Offline Curly

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Re: Legal question
« Reply #69 on: June 07, 2014, 10:12:39 AM »
I suppose I understand Bigtex not having a problem with officers writing hunters up for wastage when leaving yotes lay since that is the letter of the law..............but I now have to question having any laws out there that allow officer discretion.    To me, that would be a bs charge if a warden wrote someone for that.  If an officer is writing that up because he can't find something else to charge someone with, maybe some there laws need set in place, but to charge for wasting a coyote is appalling.

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« Last Edit: June 07, 2014, 10:19:49 AM by Curly »
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Online Blacktail Sniper

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Re: Legal question
« Reply #70 on: June 07, 2014, 10:14:26 AM »
Just don't shoot anything on someone's property you do not have permission to do so on, and all the questions and problems disappear.

What fun would that be? Then all we would have to talk about is this year's special permit drawing...and we all know how boring that is!

 :rolleyes:
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Offline bobcat

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Re: Legal question
« Reply #71 on: June 07, 2014, 10:14:43 AM »
For either scenario the proper citation would be for trespassing, in my opinion, even though you may not have actually set foot on the private property. Either that or they could cite you for negligently shooting from the road. Whether it was truly negligent would be up to the judge.

Offline Bob33

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Re: Legal question
« Reply #72 on: June 07, 2014, 10:15:53 AM »
What fun would that be? Then all we would have to talk about is this year's special permit drawing...and we all know how boring that is!

 :rolleyes:
I think the Bigfoot thread is still active.
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Offline Curly

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Re: Legal question
« Reply #73 on: June 07, 2014, 10:19:09 AM »
Just don't shoot anything on someone's property you do not have permission to do so on, and all the questions and problems disappear.

Apparently there is potential problems anytime a coyote is shot.  If I start coyote hunting  then I guess I'll have to find someone that will eat them that I can give them to.  Throwing them in the garbage won't work; the garbage man won't take them, plus that is wastage in my book.
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Offline bobcat

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Re: Legal question
« Reply #74 on: June 07, 2014, 10:21:56 AM »
In nature, nothing goes to waste.

 


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