Legal question

[bigtex]

This is an example of why we need laws spelled out.  It seems like an ethical issue.  Some people see no problem leaving a coyote where it lays and apparently others have issues.  The regs say game animals cannot be wasted but are confusing as to whether a coyote would be classified as a game animal; (I believe most of us hunters believe they are not game animals).  If wdfw feels otherwise they should let us know before we have an encounter with a warden in the field who feels differently.  Then apparently the RCW conflicts with the regs..........This all gets confusing for people.

The issue here is the regs are simply an informative and in plain english (sometimes) for what the actual statute says, if you want the true black and white answer you need to look at WACs and RCWs. There is no statute that says only game animals can't be wasted. The wastage statutes simply say wildlife (along with fish, etc). WDFW has then published the regs which say "game animal" yet there is no legal backing to only say "game animal." If you were to go per the statute in the regs it should say wildlife, and I believe it should be changed.

[stevemiller]

Aaron your ideaoligy is spot on,Thank you for pointing that fact out witch obviously slipped all our minds. 

[bigtex]

I want to add that the wastage statute(s) were changed in 2012. However all it did was make wasting wildlife under $250 an infaction compared to a misdemeanor. Other then this nothing has changed, the law still at that time said "wildlife." Prior to that the last change was in 1999.

[Curly]

Thanks again Bigtex. I am glad you are here to set us straight.  I think most of us believed it to be perfectly legal to shoot a coyote and leave it lay. 

Sent from my SM-T900 using Tapatalk

[Lucky1]

So. What should we do with the coyote when we shoot one? I have had the hides of the 3 that I have shot tanned. I am not sure what the taxidermist did with the carcass.
I don't need anymore pelts, so I am not sure what I am going to do with the next one.

We have too many laws in my opinion. They are confusing and some of them conflict with each other. You almost need to consult an attorney before you go hunting or fishing. God help you if you make an enemy of someone who works in government. They can always find something you are doing wrong, or accuse you and make you get a lawyer to prove your innocence.

[HuntandFish]

Lets say you are in a GMU where it is legal to hunt Deer and or Elk. The adjacent GMU is closed to hunting Deer and or Elk. You cannot be in one GMU and shoot into another GMU that is closed. Same applies to private property from public land. 

Those are different issues. In the first instance, the individual is hunting illegally by hunting where a season is not open. In the second instance, he is hunting a legal specie during a legal season. The issue is trespass, not illegal hunting.

I believe the correct way to state this is, you are standing in a closed gmu (that is state land so shooting is legal) and shot a legal animal with legal equipment and license in an open gmu. Than this is a good analogy, and I also think this is a good point and might have a decent chance of standing up in court.

What say you BigTex? Hunting on private property without permission?

Regards,
H&F

[Curly]

I am beating this subject to death because I think it is worth it.  So, I asked WDFW for an opinion on leaving a coyote lay.  Below is my question and the response I received:

_________________________________________________________________________
Subject: Coyote hunting and wastage of wildlife
From: Curly

First of all, I couldn't get the help section at http://www.wdfw.wa.gov/help/ to work for me.  There seems to be something wrong with the site.
 
My question has to do with hunting of coyotes.  The hunting regulations (page 81) No. 2, says: Waste of Wildlife:  "You may not allow game animals or game birds you have taken to recklessly be wasted."
 
My question is this: is a coyote a game animal and if I shoot one can I just leave it where I shoot it?
 
(Seems like the RCW dealing with this issue doesn't make the distinction for "game" animals, I believe it just says "wildlife".  So, I'm a little confused.
 
Thanks.
-----------------------------------------------------------------------------------------
Here is the reply:

Dear Curly,
 
Thank you for contacting the Washington Department of Fish and Wildlife.
 
In order to hunt in Washington State a valid small or big game license is required regardless if it is a game animal or unclassified wildlife. Coyote are an unclassified animal and are not regulated by the Department.  Since they are unclassified any weapon may be used to hunt them. Since they are unclassified, the regulation you were mentioning does not apply to coyote.

We recommend you check with the county sheriff for local ordinances that may preclude you from hunting in the area.
 
If you have more questions, please don’t hesitate to contact us again.
 
Sincerely,
 
Wildlife Program Customer Service

[h20hunter]

So there it is....blast 'em....throw them in the brush and leave 'em be.

[bobcat]

Like I said before, maggots gotta eat too.

[Bob33]

So there it is....blast 'em....throw them in the brush and leave 'em be.

Or dump it in your garbage can so a Grant County officer doesn't cite you for wasting it.

[Curly]

just a side note......that help link at wdfw that I mentioned in my email to wdfw does appear to be working now.  It is helpful.

[Curly]

just a side note......that help link at wdfw that I mentioned in my email to wdfw does appear to be working now.  It is helpful.

For instance, click on that link and enter "wastage" into the search function and a few topics come up.  One of them is:

What is the definition of "wastage," and when does it apply?

You may not allow game animals or game birds you have taken to recklessly be wasted.

You must make a reasonable attempt to remove and use all edible meat from the carcass of harvested game fish, game birds, and game animals.

I'll have to take a look at that RCW that Bigtex quoted before where he mentions "wildlife", but it seems like wdfw is saying coyotes are unclassified so that RCW does not apply. 

[Bob33]

just a side note......that help link at wdfw that I mentioned in my email to wdfw does appear to be working now.  It is helpful.

For instance, click on that link and enter "wastage" into the search function and a few topics come up.  One of them is:

What is the definition of "wastage," and when does it apply?

You may not allow game animals or game birds you have taken to recklessly be wasted.

You must make a reasonable attempt to remove and use all edible meat from the carcass of harvested game fish, game birds, and game animals.

I'll have to take a look at that RCW that Bigtex quoted before where he mentions "wildlife", but it seems like wdfw is saying coyotes are unclassified so that RCW does not apply. 

What he said is that the RCWs and WACs are the only authoritative source of what is, and what is not legal. The RCW mentions "wildlife", and coyotes are wildlife.

(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.

Also, the adverb "recklessly" is only included in the big game RCW; it is not included in the RCW pertaining to coyotes.

[Curly]

So coyotes are defined as wildlife even though they are unclassified?  It is confusing.  And it sure seems like the RCW's and WAC's need changed to address the issue..........not change the regs to match the RCW.  Even the person answering questions at the help line says coyotes are unclassified so they don't fall under that RCW......so it seems like the intent for the law is what is written in the regs and that is for "game" animals.

I still can't believe that wdfw is fine with officers writing for wastage on coyotes (or nutria) as was stated in another thread.

[Bob33]

So coyotes are defined as wildlife even though they are unclassified?  It is confusing.  And it sure seems like the RCW's and WAC's need changed to address the issue..........not change the regs to match the RCW.  Even the person answering questions at the help line says coyotes are unclassified so they don't fall under that RCW......so it seems like the intent for the law is what is written in the regs and that is for "game" animals.

I still can't believe that wdfw is fine with officers writing for wastage on coyotes (or nutria) as was stated in another thread.

Yes.
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.08.010

     (75) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.