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Big Game Hunting => Elk Hunting => Topic started by: h20hunter on July 24, 2013, 08:47:00 PM


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Title: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 24, 2013, 08:47:00 PM
So......here is the wording directly from the regs:

Elk taken in these game
management units (GMUs) must have at least
one antler with no branches originating more
than four (4) inches above where the antler
attaches to the skull. An animal with a spike on
one side (1x2) is legal in spike only units. An
animal with more than one antler point more
than four inches above where the antler attaches
to the skull on both sides (2x2) is illegal.

The question up for debate is: Can I shoot this elk during archery season?

Key words from the regs....."above where the antler attaches to the skull." If it drops below.........can you shoot it?
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: duckmen1 on July 24, 2013, 08:49:56 PM
I would think it would be legal but with this state you never know what a gammie would say.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: washelkhunter on July 24, 2013, 08:53:17 PM
No Spike!
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: deerslyr on July 24, 2013, 08:55:17 PM
Looks like its less than 4 inches from the skull
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: ghosthunter on July 24, 2013, 08:56:16 PM
No shoot
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: snarkybull on July 24, 2013, 08:59:47 PM
shoot!

no judge will uphold a ticket for that.

case dismissed!
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 24, 2013, 09:02:49 PM
Shoot and pray :dunno:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: johnnyaustin44 on July 24, 2013, 09:04:01 PM
I'd say shoot. That other point seems to branch at the base which looks definitely less than 4 inches.
Title: Re: Re: Spike or no spike? Shoot or no shoot?
Post by: bknilvr00 on July 24, 2013, 09:04:24 PM
So......here is the wording directly from the regs:

Elk taken in these game
management units (GMUs) must have at least
one antler with no branches originating more
than four (4) inches above where the antler
attaches to the skull.
I would think the intent in the regs would mean 4 inches length to the split. Regardless of antler direction. Imagine a fully formed 6x6 who's antlers grew out and down instead of upwards like normal. I highly doubt that'd qualify for spike status. But the only way to get a solid answer is to send pic into wdfw and get some answers.
Sent from my ADR6410LVW using Tapatalk 2

Title: Re: Spike or no spike? Shoot or no shoot?
Post by: duckmen1 on July 24, 2013, 09:06:23 PM
Thats a good thought then you would have it in their writing. But i personally would pass because to me its a branch antlered bull regardless of the regs. But it may be legal.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 24, 2013, 09:08:52 PM
This is the same bull I had on can last year.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 24, 2013, 09:12:37 PM
Seems to be the same size as last year.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: CedarPants on July 24, 2013, 09:13:27 PM
I would contact the game warden that works that specific area to see what he/she says.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: hoyt2002 on July 24, 2013, 09:25:34 PM
Looks like a shooter. Do you have anymore pic's of him?
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: runngun on July 24, 2013, 09:52:26 PM
Illegal. Here's why:

You have to review the definitions just prior to the explanation:

Antler Points: To qualify as a point, an antler point must be at least one-inch in length, measured on the longest side.

Branch: A branch is defined as any projection off the main antler beam that is at least one inch long, measured on the longest side, and longer than it is wide.

Spike Bull Restrictions: Elk taken in these game management units (GMUs) must have at least one antler with no branches originating more than four(4)inches above where the antler attaches to the skull. An animal with a spike on one side (1x2) is legal in spike only units An animal with more than one antler point more than four inches above where the antler attaches to the skull on both sides (2x2) is illegal.


Antler point is measured from the tip, and he has two of them longer than 4 inches. The antler branch origination is legal, but his antler tip would also have to be under 4 inches from the skull. Basically it allows for little one inch stickers at the bottom of the spike antler. That boy looks like a 4x2.

It's not the Judge that finds you guilty it's a handful of people that were not smart enough to get out of jury duty. I wouldn't shoot it based on my understanding of the regs.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: coachcw on July 24, 2013, 10:01:44 PM
Hes' messed up don't shoot not worth it . i'm sure he's not the only elk around there.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 24, 2013, 10:08:08 PM
Hmmm
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: buglebuster on July 24, 2013, 10:08:55 PM
I would not shoot that elk under spike bull regulations
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: lostbackpacker on July 24, 2013, 10:25:06 PM
Shoot em.. shoot em elizabeth!!
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Roperfive88 on July 24, 2013, 10:29:24 PM
Illegal. Here's why:

You have to review the definitions just prior to the explanation:

Antler Points: To qualify as a point, an antler point must be at least one-inch in length, measured on the longest side.

Branch: A branch is defined as any projection off the main antler beam that is at least one inch long, measured on the longest side, and longer than it is wide.

Spike Bull Restrictions: Elk taken in these game management units (GMUs) must have at least one antler with no branches originating more than four(4)inches above where the antler attaches to the skull. An animal with a spike on one side (1x2) is legal in spike only units An animal with more than one antler point more than four inches above where the antler attaches to the skull on both sides (2x2) is illegal.


Antler point is measured from the tip, and he has two of them longer than 4 inches. The antler branch origination is legal, but his antler tip would also have to be under 4 inches from the skull. Basically it allows for little one inch stickers at the bottom of the spike antler. That boy looks like a 4x2.

It's not the Judge that finds you guilty it's a handful of people that were not smart enough to get out of jury duty. I wouldn't shoot it based on my understanding of the regs.
reading your highlights the elk has no branch above four inches and has no points above four inches. Your interpretation of a point definition is off. You measure a point from the tip to a beam or another point. Take the 3pt min for deer with your interpretation of a point. a 2pt deer with a half inch point forked at the end of the main beam is a 3pt becausr from tip to the base is more then one inch but thats not correct. I have seen a bull with a six point side and a spile with two points off the base and a forked brow tine. It was checked by a game warden and was legal. I say this bull pictured is legal.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: runngun on July 24, 2013, 11:32:38 PM
Illegal. Here's why:

You have to review the definitions just prior to the explanation:

Antler Points: To qualify as a point, an antler point must be at least one-inch in length, measured on the longest side.

Branch: A branch is defined as any projection off the main antler beam that is at least one inch long, measured on the longest side, and longer than it is wide.

Spike Bull Restrictions: Elk taken in these game management units (GMUs) must have at least one antler with no branches originating more than four(4)inches above where the antler attaches to the skull. An animal with a spike on one side (1x2) is legal in spike only units An animal with more than one antler point more than four inches above where the antler attaches to the skull on both sides (2x2) is illegal.


Antler point is measured from the tip, and he has two of them longer than 4 inches. The antler branch origination is legal, but his antler tip would also have to be under 4 inches from the skull. Basically it allows for little one inch stickers at the bottom of the spike antler. That boy looks like a 4x2.

It's not the Judge that finds you guilty it's a handful of people that were not smart enough to get out of jury duty. I wouldn't shoot it based on my understanding of the regs.
reading your highlights the elk has no branch above four inches and has no points above four inches. Your interpretation of a point definition is off. You measure a point from the tip to a beam or another point. Take the 3pt min for deer with your interpretation of a point. a 2pt deer with a half inch point forked at the end of the main beam is a 3pt becausr from tip to the base is more then one inch but thats not correct. I have seen a bull with a six point side and a spile with two points off the base and a forked brow tine. It was checked by a game warden and was legal. I say this bull pictured is legal.

The regs define an antler point as being at least one inch from the main beam so it would still be a two point deer in your scenario according to the regs. The bull pictured does have two antler points longer than 4 inches. I'm aware how antler tines are measured :bash:

The definition of a spike bull restriction is different than the legal buck definition and measures the antler point to the skull. Again this allows for small kickers that are often obscured by ears and hard to see. Read only the last sentence of spike bull restriction to see what I mean. Reinterpret only this sentence:

An animal with more than one antler point more than four inches above where the antler attaches to the skull on both sides is illegal.

This sentence is what makes this bull illegal, not the first sentence in the restriction discussing the branch.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: swwaoutdoorsman on July 25, 2013, 01:30:59 AM
Legal. It's a spike with an eye guard that simple. The definition is "originating 4" above where the antler is attached to the skull" ORIGINATING... Therefore begins, starts, (branches). So like I said spike with an eye guard on the right side. Tine length plays no factor.   :twocents:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Roperfive88 on July 25, 2013, 06:19:23 AM
  :yeah:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 06:22:09 AM
I think we have to send the pic to WDFW
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Rooster1981 on July 25, 2013, 06:29:05 AM
Legal. It's a spike with an eye guard that simple. The definition is "originating 4" above where the antler is attached to the skull" ORIGINATING... Therefore begins, starts, (branches). So like I said spike with an eye guard on the right side. Tine length plays no factor.   :twocents:

 :yeah:  I absolutely agree.  Its basisally a 1x1x4 or like said just a very long eye guard.  I've seen  a 1x3x3 in the quilemene, I let it pass and another guy shot it and it was legal.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: RadSav on July 25, 2013, 07:08:31 AM
If it's going to take a jury to figure out if it's legal or not...I ain't shooting it!
If my first reaction is, "It's a two point!"...I ain't shooting it!
If I have to ask others on a forum, "Is it legal?"... I ain't shooting it!
If the gamie is standing right behind my shoulder and tells me, "Shoot!"... I still ain't shooting it!

I had a gamie in Oregon stop to look at a buck I shot two miles away from a rest area.  He tells me, "Dang, you got him!  I was hoping he would stick around until rifle season."  Then a ranger stops and tells us this is park property basically an extension of the rest area property two miles away.  $2,000 and four months of court appearances later I got to keep my hunting privileges and antlers.  But it was touch and go for quite some time even with the game officer as my character witness.  I'm not taking any chances at losing my right to hunt.  Just not worth it when there are other fish in the sea or elk in the woods.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Skillet on July 25, 2013, 07:12:01 AM
Technically legal.  You can let 'er fly, just be prepared to defend yourself in court if you happen to bump into a game warden that doesn't agree. 
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 07:57:16 AM
I won't be letting any arrows loose on anything questionable. It is a fun debate and that is why I posted. However, I will work on getting the opinion of WDFW for kicks and giggles.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Rooster1981 on July 25, 2013, 08:00:02 AM
I won't be letting any arrows loose on anything questionable. It is a fun debate and that is why I posted. However, I will work on getting the opinion of WDFW for kicks and giggles.

Thats cool  :tup:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 08:01:06 AM
I would like to see what they say.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: alecvg on July 25, 2013, 08:03:59 AM
100% legal.  You may get hassled a bit with the wrong warden, but I am sure if it came to bad circumstances, you would be fine in court.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 08:04:59 AM
I would like to see what they say.


Yep. If I get in writing that it is legal then we will just have to see....
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: kirkl on July 25, 2013, 08:34:10 AM
Legal, pop him
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 08:35:56 AM
You don't have a hair on your whatever if you don't shoot that bull.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 08:37:23 AM
Gonna get it in writing if I'm going to shoot him.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Goldeneye on July 25, 2013, 08:49:48 AM
Gonna get it in writing if I'm going to shoot him.

Good plan.  Have the picture of the elk in the document that get's concurrence that it is legal in writing with a contact name and number of the Game official making the determination in case you are challenged.

  It's not worth all the hassle and expense if you get challenged and don't have your facts all ready since this looks to be a judgement call.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 08:52:11 AM
I agree 100%. I'll be completely satisfied with a nice big 'ol cow or a smaller spike. My first year in elk camp is not going to ruined by an iffy elk when it comes to legality. I sure do like funky racks and things but when it comes down to it it simply isn't worth if without what really amounts to a permission slip to shoot him.

Keep in mind folks......this was put up for friendly debate.....nothing more.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: shanevg on July 25, 2013, 09:09:20 AM
The regs define an antler point as being at least one inch from the main beam so it would still be a two point deer in your scenario according to the regs. The bull pictured does have two antler points longer than 4 inches. I'm aware how antler tines are measured :bash:

The definition of a spike bull restriction is different than the legal buck definition and measures the antler point to the skull. Again this allows for small kickers that are often obscured by ears and hard to see. Read only the last sentence of spike bull restriction to see what I mean. Reinterpret only this sentence:

An animal with more than one antler point more than four inches above where the antler attaches to the skull on both sides is illegal.

This sentence is what makes this bull illegal, not the first sentence in the restriction discussing the branch.

I'm really confused by your post to tell the truth.  From everything you've said I still come to my original conclusion that he is legal.  I've always read it that if you measure out the main beam 4 inches, and then from there to the end of at least one beam there are no more points, it is legal.  The info that you "bolded" above doesn't say anything about how long the eye guards can be, only that there can be only one point above the 4 inch mark. 

Not saying I'd shoot it necessarily (without written approval), but I'd be congratulating anyone who did and never for a second question the legality.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: JLS on July 25, 2013, 09:16:15 AM
If there is four inches of main beam between the skull and where that funky tine comes off the bull is illegal.  If there is less than four inches he's legal.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Holg3107 on July 25, 2013, 09:19:46 AM
http://hunting-washington.com/smf/index.php/topic,61186.0.html (http://hunting-washington.com/smf/index.php/topic,61186.0.html)

Here's an old thread on the topic from a few years back. There are some great examples of legal "spikes" on there. From the pics you posted it looks to me like it's a legal elk but I would have the regs in my pocket if I were to get checked.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: YoterHunter on July 25, 2013, 09:35:07 AM
I say legal . Remember a couple years ago on here there was spike on one and a 6 point on the other. On the spike side there was a 3 point clump that came off of the bases it was legal I say shoot. :twocents:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 10:11:24 AM
Have you contacted wdfw yet?
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 10:13:03 AM
Yep...got a few emails sent out....I'll post a reply if and when I get it.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 10:28:55 AM
Request for pics from WDFW....pics sent out....
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: RadSav on July 25, 2013, 10:38:09 AM
Request for pics from WDFW....pics sent out....

This will be interesting!
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 10:41:25 AM
I can't wait.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 10:42:05 AM
Anyone seen Outdoor Guardian around in a while?
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: 92xj on July 25, 2013, 10:46:58 AM
Anyone seen Outdoor Guardian around in a while?

He's been out shooting his new Rtrifle....
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 10:48:56 AM
Anyone seen Outdoor Guardian around in a while?

He's been out shooting his new Rtrifle....
oh snap
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: h20hunter on July 25, 2013, 10:49:19 AM
double snap
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: 92xj on July 25, 2013, 10:52:25 AM
He and tex just let a little chuckle out.  They seem to have their heads on straight...ish and a little bit of humor inside them.   :chuckle:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: LITTLEBUCK on July 25, 2013, 11:09:02 AM
I would shoot. I have personally been in this situation before. My hunting partner several years ago shot a bull that was a 4x3 but met all the requirements of being a spike. One side had double eye guards and forked at the top, the other side had double eye guards and a spike. The key is the branch not to exceed 4 inches from the base. My hunting partner did have the gamier question it and took the head to show the prosecuting attorney. We knew we were legal but it did make us pucker a little. Shoot, Shoot.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: MIKEXRAY on July 25, 2013, 03:35:14 PM
I would not shoot,    not worth being worried over all the way home and from the ongoing debate I'm not sure anyone is 100% sure on here after all these posts.   
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: woodswalker on July 25, 2013, 04:02:28 PM
No shoot....many of the shooters are relying on an extremely subjective and narrow reading of parts of the law.  That is not a good plan.

there is too much risk of the Game officer NOT agreeing with you and then you go to court and have stuff confiscated.  (RTSpring et al)  Good luck on getting it back.  At the least you are out time, gear and hunting...at worst...you wont hunt for a while and lose your gear for good...
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: kirkl on July 25, 2013, 04:14:36 PM
How can a gamie not agree with you, alls he has to do is read the regs like I do. If it branches 4 inches or lower from the base of skull then it's a spike. Not hard to figure out the law. The gamie can throw up a tape measure just like anyone else! It's pretty cut and dried.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Skillet on July 25, 2013, 04:19:57 PM
How can a gamie not agree with you, alls he has to do is read the regs like I do. If it branches 4 inches or lower from the base of skull then it's a spike. Not hard to figure out the law. The gamie can throw up a tape measure just like anyone else! It's pretty cut and dried.

Woodswalker has a point.  If the gamie decides, like a lot of other guys on here, he doesn't read them like you do, then it isn't a simple case of "well, we agree to disagree".  It's a case of "well, I'ma take your gun and your truck, and if it turns out that I'm wrong you can see about getting your stuff back."  And it don't always come back easy, ask rtspring.

I still think it's legal, though.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: kirkl on July 25, 2013, 04:26:45 PM
Guess I don't understand your logic. It's in black and white printed in a book from the game dept. he shouldn't have to agree or disagree. As an employee of fish and game he should be able to walk up to it and say yep it's 4 inches or less from the skull your fine to go sir have a good day. If he doesn't know the regs then he shouldn't be a gamie.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: pendoreilleadventures on July 25, 2013, 04:52:09 PM
The thing is the law is up to interpretation of each individual officer. Regardless of what the regulation say each officer is different. They can write you the ticket it's up to you to fight it in court.

 For example One cop may consider speeding anything over 5 miles over another might not pull people over for going 3 miles over.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: vandeman17 on July 25, 2013, 04:54:28 PM
If it were me, I would ALWAYS err on the side of caution. I don't think it is worth the risk if I am not 100% sure it is legal. I would rather go home empty handed then take the chance.  :twocents:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: kirkl on July 25, 2013, 05:00:38 PM
Then there shouldn't even be regs if its open to interpretation. Goin 5 miles over doesn't compare to this. It can't be a legal animal then the gamie say nope it's not legal. That would be like shooting a 2x3 buck in a 3pt area and the gamie saying I'm interpreting that it doesn't have 3 pts on both sides so ur getting a ticket.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: BOWHUNTER45 on July 25, 2013, 05:15:10 PM
I would say SHOOOOOT ..Then ask later  :dunno: :chuckle: Just what I would do  ;)
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: zackmioli on July 25, 2013, 05:17:41 PM
i wouldnt shoot if there was any debate whether or not it was legal. if i got it in writing from a gamie then that might be different, even then i dont want to deal with the hassle of court and legal issues so id rather go home empty handed and be able to hunt another day and another year.  :twocents:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 06:04:27 PM
Shoot it.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: wog on July 25, 2013, 06:26:42 PM
i think he should be shot just cause he's so damn ugly
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: Old Man Yager on July 25, 2013, 06:26:59 PM
Okay, here's a Deer question for you, if you're in a 2 point area, and you see a buck with tall spikes that have small crab claws on both the tips, is that a 2 point? I would say that the crab claws were not an inch long. BUT, could you say the crab claw was the end of the main beam, and the other point is at least 1 inch long, making it legal? I didn't shoot him, just wanted to get some other takes on it for future reference. what do you think?
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 06:28:40 PM
i think he should be shot just cause he's so damn ugly

I'll shoot him if you help pack him. :dunno:
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: wog on July 25, 2013, 06:38:15 PM
yeah i'd help
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: wog on July 25, 2013, 06:40:34 PM
did you guys post any pic from my tree stand d rock i just got home and thought i'd look
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: D-Rock425 on July 25, 2013, 06:51:28 PM
Nope
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 26, 2013, 10:06:35 AM
Good enough for me....agree or disagree.....this bull will walk away unharmed if we meet....

Dear Mr. H20Hunter,

Thank you for contacting the Washington Department of Fish and Wildlife.

We checked with our elk specialist and he determined from the pictures that it would not be legal to harvest that animal.  When we looked at the left antler, it appears that the right antler started to grow an eye guard and main beam but was injured and did not continue to produce points.  On page 45 of the hunting pamphlet it gives the definition of the Spike Bull Restriction and does not meet the requirements.

If you have other questions please feel free to contact us again.

Sincerely,

Wildlife Program Customer Service
(360)902-2515
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: RadSav on July 26, 2013, 10:15:00 AM
Would have been nice to get more detail for the decision from WDFW.  But, at least you got an answer.  Better than I expected  :o

Maybe you should paint that guy up with a Tipman!  WDFW probably would have a problem with that too but I expect it would make you feel better  :chuckle:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 26, 2013, 10:19:31 AM
One of the members and I discussed this a bit more via PM. Really, the only way you would ever know for sure is to kill it then take a tape to it and measure. If you are right then you have a legal animal. If you are wrong, well then you are pretty much screwed in major way. We all know that shooting it and measuring later is a dumb idea and should not be done....so.....the answer of not legal from whomever is good enough for me.

Simply not worth rist to fling arrows but fun to debate.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: ctwiggs1 on July 26, 2013, 10:26:33 AM
I'd take that exact pic to the local wdfw and ask them.

Chances are the local game warden will just tell you to take it.

Curtis
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 26, 2013, 10:35:17 AM
Not a bad idea.....however....even the warden could be wrong based on the pic. Even if they say yes, then I shoot it, it could still be illegal once hands are laid on it.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: RadSav on July 26, 2013, 10:36:09 AM
One of the members and I discussed this a bit more via PM. Really, the only way you would ever know for sure is to kill it then take a tape to it and measure. If you are right then you have a legal animal. If you are wrong, well then you are pretty much screwed in major way. We all know that shooting it and measuring later is a dumb idea and should not be done....so.....the answer of not legal from whomever is good enough for me.

Simply not worth rist to fling arrows but fun to debate.

Agreed!

My thought was that there is no question it is a 2X4.  Might even be a 2X5 come season.  There is no debate as to whether it's a 1X4, but whether it is a 2X4 that one might get away with shooting based upon a loophole in the regulations description. 
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 26, 2013, 10:36:53 AM
Loophole.....that just gives me the chills when it comes to trying to fill a tag.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: elk247 on July 26, 2013, 10:38:28 AM
Legal. It's a spike with an eye guard that simple. The definition is "originating 4" above where the antler is attached to the skull" ORIGINATING... Therefore begins, starts, (branches). So like I said spike with an eye guard on the right side. Tine length plays no factor.   :twocents:

 :yeah:  I absolutely agree.  Its basisally a 1x1x4 or like said just a very long eye guard.  I've seen  a 1x3x3 in the quilemene, I let it pass and another guy shot it and it was legal.
1X1x4!?!?  :yike:  :chuckle: you guys aren't really going to play Russian roulette with your hunting privileges are you? This was a good picture to post up. That bull has cool charactor. I think by the time you cape it out you will be measuring for fractions of an inch one way or the other from the skull plate to the fork. I wouldn't ever gamble on fractions of an inch let alone "inches"  :twocents: unless i was in a 1x1x4 unit. Then I'd take him panfried, cut on the bias with salt, pepper and flour.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: RadSav on July 26, 2013, 10:43:19 AM
Maybe you could claim that it is a single antler point originating from the middle.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: provider on July 26, 2013, 11:10:22 AM
Quote
My thought was that there is no question it is a 2X4.  Might even be a 2X5 come season.  There is no debate as to whether it's a 1X4, but whether it is a 2X4 that one might get away with shooting based upon a loophole in the regulations description.

That's correct.  There is no question or debate that elk does not represent a bull falling under the intent of the Spike Bull Restriction management strategy.  Just because it might eek by legally on a technicality... doesn't make it right.  I'm surprised how many people are willing to compromise values just to kill an elk. 
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: elk247 on July 26, 2013, 11:15:46 AM
 :bdid: I like how D-rock is saying shoot, shoot. Don't listen h20, he probably wants to get you in trouble so he can have your ration of s'mores. Aye, he always be after your lucky charms  ;) like I said D-rock just knock that eyegaurd off with a horseshoe.  Then  :archery_smiley:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: rtspring on July 26, 2013, 11:19:54 AM
Take it from a guy who knows what hell is to go through! If I had any doubt this animal was not legal, no way in heck would I pull the trigger!  No way what so ever! No elk in the world is worth the time and money proving your case that you believe it to be legal!

I passed a spike last year that I knew was 95% sure a spike!!  Foggy, trees and an old thing in my mind saying not sure dont shoot!!


Rtspring
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Skillet on July 26, 2013, 11:45:45 AM
Quote
My thought was that there is no question it is a 2X4.  Might even be a 2X5 come season.  There is no debate as to whether it's a 1X4, but whether it is a 2X4 that one might get away with shooting based upon a loophole in the regulations description.

That's correct.  There is no question or debate that elk does not represent a bull falling under the intent of the Spike Bull Restriction management strategy.  Just because it might eek by legally on a technicality... doesn't make it right.  I'm surprised how many people are willing to compromise values just to kill an elk.

Well, that's a strong statement...  The intent of the spike bull restriction management is to increase the bull:cow ratio by making essentially only 1.5 year old bulls available for harvest.  If you killed a 1.5 year old bull that had forked at the top of each antler, making it JUST barely a 2x2, the intent of the law should let you tag it legally anyway.  That "intent of the law" argument isn't going to fly with a gamie in the field who finds you with the 2x2, but clearly 1.5 year old animal, however.  So I think it goes both ways.  They defined the rules, we are expected to stick to them.  If a freak fits within the rules as the Department defined them, I say it's a good stroke of luck for the hunter and he's going to have a unique trophy.  It is far from the situation you describe above, which is somebody compromising their values just to kill an elk. 
And if you are insinuating that we who would shoot are compromising the Department's values by shooting, well... I have my own personal values and ethics.  I do not let a printed set of rules that I respectfully choose to follow (game department's or any other) determine those for me.

Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: headshot5 on July 26, 2013, 11:50:17 AM
Now that the DFW made a ruling on the elk, it is going to be dancing around in front of you on opening day.   :tup:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Gringo31 on July 26, 2013, 12:08:58 PM
I'm with some of the guys on here that would pass because there was doubt.  I'm not taking that kind of risk for a stupid spike.  Risk/reward equation is WAY out of balance on the risk side for me.....
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: D-Rock425 on July 26, 2013, 12:25:15 PM
Problem solved
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Skillet on July 26, 2013, 03:06:27 PM
Problem solved

SSS/

Shoot, Saw, Shut up?
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: wog on July 28, 2013, 06:12:35 AM
answer this; is there a branch antler  orgionating 4" inches above the base of the skull,, i say no it do'se not branch 4 inch above base of skull therefore it is a leagal elk
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: RadSav on July 28, 2013, 01:48:43 PM
answer this; is there a branch antler  orgionating 4" inches above the base of the skull,, i say no it do'se not branch 4 inch above base of skull therefore it is a leagal elk

Answer this; Is it a spike?

Unless it has changed over the past 20 years there is a vague rule of law called obviousness.   The "originating 4 in. above" rule in the game regulations, in my opinion, is there to hold a hunter harmless when there was non-obviousness in the proof the animal had additional points under the conditions of a hunting environment.  Thus no longer an obvious definition of "Spike Elk".

So again, in my opinion, the obviousness by people of average skill level to recognize this elk as being a two point bull supersedes the 4" definition in the regulations.  Being that this is considered a vague rule of law it would probably require a judge and/or jury to prove definitively.  However, I would assume that might have some barring on why the WDFW came to it's conclusion in their note of response to H2O.  :dunno:

Maybe, maybe not!  I'm certainly not going to risk my financial stability and hunting rights on the 4" rule holding up in this case.  Especially when the WDFW, in advance, has ruled otherwise. 

It is a cool animal though.  And a fun change of pace from the ordinary H-W thread.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: elk247 on July 28, 2013, 02:10:04 PM
 :yeah: in the picture with the frontal view you can see daylight between the 1st tine and top of his head. Now add an inch or more for hair, hide and measure from the skull plate to the fork. I think it would be way to close to call.  :twocents: great thread guys. Its a fun debate.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Kowsrule30 on July 28, 2013, 02:48:28 PM
100% legal... It's plain and simple... A spike with an eye guard... Not even close to 4" above base of antler... I've shot two spikes that have had eye guards... I don't see what everybody is so worked up about... It's clearly written in the regs that it's legal...
I also know of a guy who shot a spike bull in Cowichie that was about 3 1/2 tall with a 2' spread... Aged at 5 1/2 years old... And I know I'm not the only one who saw the kid during muzzy elk in Cowichie last year who killed a legit huge bodied 1x6... Totally legal and a great way to get unwanted genetics out... My guess was the bull was probably 6 1/2 years old...
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: rtspring on July 28, 2013, 03:10:06 PM
100% legal... It's plain and simple... A spike with an eye guard... Not even close to 4" above base of antler... I've shot two spikes that have had eye guards... I don't see what everybody is so worked up about... It's clearly written in the regs that it's legal...
I also know of a guy who shot a spike bull in Cowichie that was about 3 1/2 tall with a 2' spread... Aged at 5 1/2 years old... And I know I'm not the only one who saw the kid during muzzy elk in Cowichie last year who killed a legit huge bodied 1x6... Totally legal and a great way to get unwanted genetics out... My guess was the bull was probably 6 1/2 years old...

I see your point and think myself it is legal. But one wrong gamie and that elk just cost you 5 grand and your gun and maybe your truck, and your elk tag...Its your word against theirs.  To me it is easy, I would pass after my dealings with WDFW..
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: jstone on July 28, 2013, 06:16:20 PM
NOPE. Not even a second look!!
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: dreamingbig on July 29, 2013, 07:35:53 AM
Does anyone else find it disturbing that the WDFW's self titled elk expert couldn't interpret their own rules correctly?

I personally think they should rewrite the spike rule to state that if both sides have more than one point longer than 1" long then it is not a spike.  Do away with the "more than 4" above skull" language.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: D-Rock425 on July 29, 2013, 07:44:31 AM
I agree 100% its a simple fix to stop the confusion.  I may take some heat for this but I think they should limit the opposite antler to 3 points or lass also.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: pendoreilleadventures on July 29, 2013, 08:12:25 AM
I don't understand why we have a spike only rule to begin with. I know the goal is to only kill elk in the age group of 1.5 years old. But why not make it a 3 or less rule??? 95% of elk with racks smaller than 3 points are 1.5 year old elk. 
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Broken Arrow on July 29, 2013, 08:56:07 AM
Good arguments both ways. I, 100%, do NOT view that as a spike and would never release an arrow if presented.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: CedarPants on July 29, 2013, 09:37:38 AM
I wouldn't shoot it, but just for the sake of curiosity I'd still ask the local game officer to get their opinion.

Personally, I have a bit of an issue with anonymous WDFW customer service reps being allowed to interpret and advise on the law via email  :twocents:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 29, 2013, 09:39:30 AM
I agree Cedar....its not that I have an issue with it but they don't know....neither do we. In person at 40 yards with some glass to get a close look is the only way to know for sure.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: swwaoutdoorsman on July 29, 2013, 10:50:52 AM
I still back my original statement "spike with an eyeguard" by WDFW regulations which is legal however I wouldn't shoot it after reading what the game department wrote. But I would definitely write back and ask under what description does it become disqualified as a spike. Yes it should be branched on both sides but it isn't do to an 'injury' where in the rules does it say antlers deformed due to injury are not counted toward legality of animal harvest?  :dunno: lots of hoof rot it my area sure does affect antler growth most often resulting in extra points and more mass. Usually it's the opposite antler from the injured side of the animal. I see many young bulls with an eye guard and 3 point crown on one side. Which makes them legal '3pt minimum unit' so should I not shoot this animal because it probably would've only been a spike.  :dunno: a bit confusing.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: swwaoutdoorsman on July 29, 2013, 10:55:08 AM
 My question is what kind of schooling do our game officers receive? There should be different answers from different people but we've all witnessed it. I've had the show me out dated boundaries between the toutle and the Winston on their map I was impressed with the lack of knowledge and equipment. But what ya do argue with the man in charge?
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: gunnarnewt on July 29, 2013, 11:20:55 AM
Shoot. I actually killed one quite similar to that one two or three years ago, and the local Warden said it was a legal kill. His interpretation was 4 inches or above the ear, and since my bulls branch was below the top of the ear, he concluded it was a legal spike.  :twocents:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: D-Rock425 on July 29, 2013, 11:28:21 AM
Maybe we will get lucky and break that other side off.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: swwaoutdoorsman on July 29, 2013, 11:31:07 AM
 :yeah:
Shoot. I actually killed one quite similar to that one two or three years ago, and the local Warden said it was a legal kill. His interpretation was 4 inches or above the ear, and since my bulls branch was below the top of the ear, he concluded it was a legal spike.  :twocents:
Rules must be different unit to unit  :chuckle: this is good stuff. One officer says legal and another says illegal.  :o
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: swwaoutdoorsman on July 29, 2013, 11:35:01 AM
Is it wabbit season or duck season?  :chuckle:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Rooster1981 on July 29, 2013, 12:17:10 PM

I think its legal,

Here is a legal spike I shot in 1996 confermed by a sheriff and two game wardens.  At that time the wording was" nothing below the tip of the ears count " So double eye guards were legal.  Now with the four inch rule I would shoot a bull with a single eye guard but not double. With double eye guards my bull branches at 6 inches from the base of the antler.

(https://hunting-washington.com/smf/proxy.php?request=http%3A%2F%2Fi1013.photobucket.com%2Falbums%2Faf253%2Frooster-1981%2Fhunting%2520pics%2Felkantlers002.jpg&hash=090fc6788e91c34bcd1449acc777d8689887d87d) (http://s1013.photobucket.com/user/rooster-1981/media/hunting%20pics/elkantlers002.jpg.html)

(https://hunting-washington.com/smf/proxy.php?request=http%3A%2F%2Fi1013.photobucket.com%2Falbums%2Faf253%2Frooster-1981%2Fhunting%2520pics%2Fscan0014.jpg&hash=156f5d37f467b7e505372c62d39928bee435b154) (http://s1013.photobucket.com/user/rooster-1981/media/hunting%20pics/scan0014.jpg.html)
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on July 29, 2013, 12:18:59 PM
Thats a great example....
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: D-Rock425 on August 26, 2013, 09:59:29 AM
Well I put up new camera on Saturday.  Set it for 30 sec video would like to see this bull come in again and get a real good look.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: buglebuster on August 26, 2013, 10:11:44 AM
This bull doesnt even compare to the one i posted, mines 100% legal
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: D-Rock425 on August 26, 2013, 10:39:38 AM
Is that not a spike with a funky eyeguard :dunno:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: D-Rock425 on August 26, 2013, 10:47:18 AM
This bull doesnt even compare to the one i posted, mines 100% legal
I know you're right but if you go by wdfw pamphlet that looks to be legal by definition.  Less than 4 inches from the skull.  Your pic is of a spike with eye guards for sure.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Curly on August 26, 2013, 11:27:53 AM
I believe that bull is a legal bull per the spike regs.  I also believe that the guys at WDFW that were asked believe it fits the rules, but they may have some doubt since the only way to be 100% sure is to kill the bull and put a tape to it. 

Just think of it from WDFW's perspective.  They have a trailcam pic and a question to them about the legality.  If they say yes, go shoot it, and then the shooting gets a ticket for an illegal bull..........the crap will hit the fan.  There is just no good reason for them to give the ok that the bull is legal..........it's much safer for them to say it is not a legal bull. :twocents:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Curly on August 26, 2013, 11:30:48 AM
p.s. - I would not shoot that bull either, even though I am 99% sure it is legally classified as a spike.  That little bit of doubt can get a guy in a lot of trouble. 

Cool thread. 8)  :tup:
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: rtspring on August 26, 2013, 11:35:19 AM
p.s. - I would not shoot that bull either, even though I am 99% sure it is legally classified as a spike.  That little bit of doubt can get a guy in a lot of trouble. 

Cool thread. 8)  :tup:

Alot of trouble as in 5000.00 grand and you get to buy a new rifle...
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: h20hunter on August 26, 2013, 11:43:50 AM
Q: What did the gamies son get for Christmas?


A: My rifle.


Sorry.....had to do it.
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: rtspring on August 26, 2013, 11:56:55 AM
Q: What did the gamies son get for Christmas?


A: My rifle.


Sorry.....had to do it.

Dont worry!! Its all good
Title: Re: Spike or no spike? Shoot or no shoot? And now we know....
Post by: Pilot_Hunter on August 26, 2013, 12:13:50 PM
He fits the legal spike definition, why not shoot it? I would.
Title: Re: Spike or no spike? Shoot or no shoot?
Post by: cryder on August 27, 2013, 06:06:25 AM
No Spike!
absolutely hate that reg spikes are good eatn stuff but I think the neibors dog has just as much meat on him ill take a 3 year old cow instead and I wont have to ask mr spike to hold still wile I calculate going to jail or not watched fish n feathers bust a guy that shot a pronged spike 2 years ago looked like the swat team over there took him and his kill to jail not pretty at all idiots had it hangn in the tree we saw it before the fun police did so follow the regs these guys came outa places I dint no exsisted THERE EVERY WHERE !
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