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Author Topic: Branch Antlered Bull Shot Accidentally off of 1401 Rd  (Read 21474 times)

Offline dreamunelk

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #15 on: October 29, 2011, 04:51:22 PM »
A lot of unknown here.   However, this does happen more often than you may think.  Pretty common for officers to allow the animal to be tagged by another in these types of situations.  As for receiving a break.  He will likely be written up for a lesser charge.  Maybe "Big Tex" can chime in and tell us the charges.  All depends on the details of which we have very little.

Offline bigtex

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #16 on: October 29, 2011, 06:00:43 PM »
A lot of unknown here.   However, this does happen more often than you may think.  Pretty common for officers to allow the animal to be tagged by another in these types of situations.  As for receiving a break.  He will likely be written up for a lesser charge.  Maybe "Big Tex" can chime in and tell us the charges.  All depends on the details of which we have very little.

Like Dreamunelk said it is very hard to determine which charges could be applied because we don't know the whole situation. Like you said this does happen more often then you think.

This area is within the Bethel unit which is spike only. More then likely the individual would be charged with Unlawful Hunting Big Game 2nd Degree- Take Big Game During Closed Season. The whole "closed season" portion always gets people confused, yes elk season was open, but not for branch antlered or antlerless. This offense is a $540 bail forfeiture (fine).

HOWEVER, since a big game animal was illegally taken the criminal wildlife penalty assessment applies. If the elk has 4 or less points then the additional fine (in addition to the $540) will be $2,000, if it has 5 or more points it is considered a trophy animal and the additional fine will be $6,000. So if the only violation was the taking during the closed season the individual would receive a citation for either $2,540 or $6,540 depending on the antler points. If the individual is found guilty or pleads guilty only the $540 can be reduced or eliminated, the criminal wildlife penalty assessment is mandatory upon a guilty conviction.

As of this time there is no lesser charge for "accidentally" taking wildlife. If you "accidentally" kill wildlife, you face the same penalty as those who intentionally do it. There was a bill by a state legislator several years ago who was involved in a similar incident, and wanted to create a lesser offense for those who self report themselves however the bill never became law.

This applies to essentially all big game cases with the exception of true spike areas. If you shoot an elk in a true spike area, but the elk is not a true spike (such as 1X2) you would not face gross misd Unlawful Hunt Big Game charges but rather a civil infraction.
« Last Edit: November 01, 2011, 11:25:58 AM by bigtex »

Offline CAMPMEAT

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #17 on: October 29, 2011, 06:07:34 PM »
Silence is golden !!!!
I couldn't care less about what anybody says..............

Offline stickbuck

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #18 on: October 29, 2011, 06:54:12 PM »
Mebco, I never said the hunter was given a break on this. All the normal citations were issued except for the wastage I assume since all of the meat was taken care of and gifted to another hunter who was hunting five miles away.

Offline mebco09

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #19 on: October 29, 2011, 08:25:04 PM »
Mebco, I never said the hunter was given a break on this. All the normal citations were issued except for the wastage I assume since all of the meat was taken care of and gifted to another hunter who was hunting five miles away.

Right, my bad.  I guess I read too much into it. 

Whoever did the shooting is a stand-up guy (besides doing the shooting) considering the severity of the fines.   

Offline Greg30-06

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #20 on: October 30, 2011, 12:22:40 AM »
Am I the only one who says BS to congratulating this fool.  DONT SHOOT UNLESS YOU ARE ABSOLUTELY SURE WHAT YOURE AIMING AT AND WHAT IS BEHIND IT.  NO ANDS IFS OR BUTS.
 :bash:
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- Thomas Jefferson (quoting 18th century criminologist Cesare Beccaria)

Offline pianoman9701

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #21 on: October 30, 2011, 08:54:15 AM »
Am I the only one who says BS to congratulating this fool.  DONT SHOOT UNLESS YOU ARE ABSOLUTELY SURE WHAT YOURE AIMING AT AND WHAT IS BEHIND IT.  NO ANDS IFS OR BUTS.
 :bash:
''

I never said congratulate them and I don't see where anyone else did, either. They could've walked away from this and no one would've known, that's all. They didn't, knowing full well they'd pay the price.
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Offline Michelle_Nelson

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #22 on: October 30, 2011, 09:17:16 AM »
Nobody congratulated the guy.  Some of us are giving him Kudo's for the fact he called himself in, took care of the elk and didn't just walk off and leave it to rot.  The guy knew he f'ed up and he took responsibility for his actions. 

Offline whitey

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #23 on: October 30, 2011, 11:13:35 AM »
Those hunters did "Buck" up and take responsability for their actions.. But..
I have a feeling they are going to have some serious "Paper Cuts" on their Brown eye (Winkies) :yike:
The WDFW will be all kinds of fast to stuff some paper where the sun dont shine. :dunno:
It all could have been avoided if they hadnt screwed up to begin with.

Offline raghorn69

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #24 on: October 30, 2011, 11:27:39 AM »
I too respect the hunter for "Doing the Right Thing"  He had a choice of action, and maned up. Many would have walked with a "Who cares" attitude. He made a choice of ethical conduct. He needs to be held accountable, but this man is a sportsman not a poacher!
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Offline bearpaw

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #25 on: October 30, 2011, 12:32:22 PM »
I too respect the hunter for "Doing the Right Thing"  He had a choice of action, and maned up. Many would have walked with a "Who cares" attitude. He made a choice of ethical conduct. He needs to be held accountable, but this man is a sportsman not a poacher!

I think that is very well put.... :yeah:
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Offline Greg30-06

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #26 on: October 30, 2011, 01:06:58 PM »
I too respect the hunter for "Doing the Right Thing"  He had a choice of action, and maned up. Many would have walked with a "Who cares" attitude. He made a choice of ethical conduct. He needs to be held accountable, but this man is a sportsman not a poacher!
  I don't think he's a poacher but there is nothing ethical about not knowing what you're shooting at.  I don't beloved that you deserve kudos for owning up to your mistakes.  That's just being a man. If you can't see if its legal then how do you know if there is another person directly behind it watching it just like you are.  How do you know it isn't a person bent over like that kid in darrington who shot the hiker.  Come on guts you know I have a valid point.  This
"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
- Thomas Jefferson (quoting 18th century criminologist Cesare Beccaria)

Offline EDT

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #27 on: October 30, 2011, 02:23:59 PM »

[/quote]
I too respect the hunter for "Doing the Right Thing"  He had a choice of action, and maned up. Many would have walked with a "Who cares" attitude. He made a choice of ethical conduct. He needs to be held accountable, but this man is a sportsman not a poacher!

I think that is very well put.... :yeah:

You Got it!

Offline TheHunt

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #28 on: October 30, 2011, 03:45:58 PM »
bad news for both the elk and the hunter.   
275 down 2

Offline Coastal_native

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Re: Branch Antlered Bull Shot Accidentally off of 1401 Rd
« Reply #29 on: October 30, 2011, 04:34:55 PM »
I also am not getting the party hunting reference :dunno:

party hunting is what lots of people do who buy their wives tags then fill them for them or neighbors tags etc....happens all the time....kinda a dumb law...

and it is possible the tag holder was running out of time and hadnt filled it...I'd think better to fill a tag than not  :dunno:

This state depends heavily on honesty.  That's the only way you can have over the counter tags for everyone that wants one.  Tag success is an important statistic as well.  If everybody tagged out, we wouldn't have any animals left.  A good season in WA is when tag sales are up and hunter success is low.  I would think hunters would frown upon husbands filling their wives (and kids) tags.
"Do it in the woods"

 


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