Hunting Washington Forum
Big Game Hunting => Backcountry Hunting => Topic started by: Donaker on September 23, 2019, 09:33:40 PM
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Here's a situation I found myself in during the high hunt. Weigh in what is the ethical or legal thing to do. This isn't a test, I simply am not certain what to do/should have done.
I was in an area where I knew there was only one camp in the vicinity (I spoke with them), but an outfitter transits through. I was hiking out, and came across a bear. It was clearly wounded as it was dragging its hind legs behind it and certainly not moving very quickly. It is safe to say it was mortally wounded, but would die from infection/starvation/etc. I heard the shot the previous morning. The bear was no more than 30 yards off the trail, and there was a trail junction within a few hundred yards - this is to say there was ample access to walk around/look for the animal. If whoever shot it searched for it/tried to recover it, it sure seems it was a very, very weak effort as the bear didn't have the benefit of hind legs.
I did not have a bear tag. This occurred approximately 8-9 miles into the wilderness. I spoke with the only camp in the vicinity, and they provided a credible story of where they were and that they did not shoot the bear.
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I'd call that in if I was in that senario.
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Id say put it out of its misery. Sometimes the right thing to do may not be the legal thing.
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Sad
But not much you could do. Since you had no bear tag.
Most would want to end the suffering but without the tag you shouldn’t.
Wild animals meet their fate every day in the wild. And most the time it is not very humane.
It’s easy to come to conclusions we think are right or accurate. But really if you did not witness a shooter making the shot it all conjecture.
The law says in theory if you render the killing shot than it becomes your responsibility and you would be in violation. Someone comes upon you at the time and in their eyes you killed the bear. No story is going to change that.
I don’t think calling anyone is going to do a thing. A wounded bear 9 miles in is too far for our game Dept.
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This scenario is fundamentally no different than dispatching a gravely wounded animal on the side of the road that's been hit by a vehicle.
The ethical thing to do is to quickly and humanely put it out of it's misery. The only difference between you doing it then or wait for an "authority" with a badge is that the animal suffers longer. The end result is the same.
Let the other camp tag it if they want.
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Id have dispatched it.
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This scenario is fundamentally no different than dispatching a gravely wounded animal on the side of the road that's been hit by a vehicle.
The ethical thing to do is to quickly and humanely put it out of it's misery. The only difference between you doing it then or wait for an "authority" with a badge is that the animal suffers longer. The end result is the same.
Let the other camp tag it if they want.
Exactly my thoughts. Take care of it
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I would have killed it, let it lay, nature will consume it, and go about my way. I would personally have a clear conscience and sleep just fine afterwards.
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Id say put it out of its misery. Sometimes the right thing to do may not be the legal thing.
Agreed!! I have had to do this multiple times...usually associated with being hit by a vehicle, but also twice in the woods. If the animal can be salvaged, I would call it in.....if not, shoot and walk away.
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Id say put it out of its misery. Sometimes the right thing to do may not be the legal thing.
^^This^^
I regret to this day that I did not put a deer out of its misery one time purely due to concern that some officious officer would discover it and cite me. It was a deer with a badly broken hind leg, a break high up in the ham, way back on a logging road, unlikely for anyone to know whether I did the right thing or not but I was wary due to bad experience with a couple of CO's.
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This scenario is fundamentally no different than dispatching a gravely wounded animal on the side of the road that's been hit by a vehicle.
The ethical thing to do is to quickly and humanely put it out of it's misery. The only difference between you doing it then or wait for an "authority" with a badge is that the animal suffers longer. The end result is the same.
Let the other camp tag it if they want.
:yeah:
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Legal or not my conscience would dispatch and roll the dice with getting in trouble for doing the RIGHT thing
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Most of us hunt because of our love for nature and animals. Ethically, there's no real choice in my mind. I'd have taken the shot, removed the bear or at least the meat, and called it in without having a tag. :dunno:
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I would certainly have killed it
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I would have put it down. Still baffles me that people don’t buy bear and lion tags, so cheap.
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I think I would have left it be. I'd you talked to the other camp id wager whichever one of them shot it would go back for it assuming you told them where it was. I couldn't shoot it without taking meat and hide and that's opening myself up for a load of legal troubles whether it's right or not and I don't want that hassle. I've come across and witnesses some gruesome stuff out in the woods, I don't think a quick painless death is afforded to those residents of the natural world.
I'm not going to say shooting it would have been wrong though, whether you shoot and leave or pack it out. It's a tough call but I'd leave it be.
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Another reason to have an InReach or sat phone, it's quick to get in touch with WDFW. I wouldn't shoot it without talking to a warden, I would try to find a guy with a tag while I was waiting for a reply. Most of the units I hunt I have the Warden's phone so it's quicker to get a reply from contacting them directly rather than through the general WDFW phone or e-mail.
If you don't at least contact WDFW you run a big risk in my opinion. I'm sure every warden has heard the "I put it out of it's misery" story before and they would have no way of separating me from the other guys. Once you shoot it, you have hunted without a license. You then either leave it (waste of a game animal) or pack it out (possession of an illegally harvested animal). It may be remote that you are confronted, but those are some pretty serious infractions and potentially loss of your hunting privilege for a time.
It's a personal call for sure.
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Tough call! I bet you have a bear tag in your pocket year!
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Kind of wonder what the reaction from WDFW would be if you shot the bear and came down and called them right away explaining what happened. In that case though I wouldn’t harvest the bear and would let it lay so that the warden wouldn’t think you were trying to cover something up. I dunno tough call.i
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I wouldnt even consider calling it in, youre going to end up getting charged most likely. Just put it out of its misery and walk away. Not like youre wasting meat, that animals scavenger food regardless of whether you put it down or leave it to die on its own.
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Id say put it out of its misery. Sometimes the right thing to do may not be the legal thing.
Agreed
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I would have shot it, and let him lay. 9 miles in the odds of anyone seeing it are slim, and I wouldn't have felt right letting him walk.
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Kind of wonder what the reaction from WDFW would be if you shot the bear and came down and called them right away explaining what happened. In that case though I wouldn’t harvest the bear and would let it lay so that the warden wouldn’t think you were trying to cover something up. I dunno tough call.i
Neighbor called me when he discovered a spike elk tangled up in his cattle fence. I went over to help release and it’s gut was open and broken rear leg. I called WDFW to come out and put down and was told to just leave it alone. Said can an officer just come out after witnessing the tangled up suffering elk and I just shoot it and put out of misery and donate meat to local shelter. Was advised would be charged if I did.
We did the right thing. WDFW will charge you too if you self report an honest mistake based on my experience observing good ethical
People trying to do the right thing.
That’s Washington, take the low hanging fruit and ignore the really Wildlife and fish problems.
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That's sad when the right thing to do is criminal. >:(
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I suspect there have been multiple “I had to shoot this deer because it was suffering” instances that were really poaching over the years. If I were nine miles in I’d probably dispatch the animal if it was certain it couldn’t survive.
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I had a similar situation several years ago and I didn't put the animal down for fear of legal repercussions.
I still regret not doing what I know would have been the right thing.
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I don’t hunt for bears or cougars specifically, but I always buy and carry the tags..
In 15 years, It has resulted in 4 bears and 1 cat, that made themselves available.
And would allow for legally dispatching this wounded animal.
For an extra $11 it’s totally worth it and almost a no brainer
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I wouldn't fault anyone for putting it out of its misery, never telling anyone, and moving on.
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I suspect there have been multiple “I had to shoot this deer because it was suffering” instances that were really poaching over the years. If I were nine miles in I’d probably dispatch the animal if it was certain it couldn’t survive.
That's the thing, WDFW can't tell you to do something illegal. They also can't change the law to allow for it otherwise there would be a dramatic rise in the number of mercy killings of animals for sure. It's just one of those unfortunate realities of life.
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That's the thing, WDFW can't tell you to do something illegal. They also can't change the law to allow for it otherwise there would be a dramatic rise in the number of mercy killings of animals for sure. It's just one of those unfortunate realities of life.
:yeah:
It's a slippery slope if they start telling people its okay to break the law in certain situations. I don't think we want them to do that. Shady people would be all over that, taking advantage of it.
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That's the thing, WDFW can't tell you to do something illegal. They also can't change the law to allow for it otherwise there would be a dramatic rise in the number of mercy killings of animals for sure. It's just one of those unfortunate realities of life.
:yeah:
It's a slippery slope if they start telling people its okay to break the law in certain situations. I don't think we want them to do that. Shady people would be all over that, taking advantage of it.
Exactly, they cant tell you its okay. But i would guess they would really wish people would just do what needs to be done in these situations without calling, so they wouldnt have to say no.
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Yeah, I'm sure they don't like to see it any more than we do.
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Most of us hunt because of our love for nature and animals. Ethically, there's no real choice in my mind. I'd have taken the shot, removed the bear or at least the meat, and called it in without having a tag. :dunno:
:yeah:
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Most of us hunt because of our love for nature and animals. Ethically, there's no real choice in my mind. I'd have taken the shot, removed the bear or at least the meat, and called it in without having a tag. :dunno:
:yeah:
I would never call wdfw or take any meat or even walk over and look at it .Calling them after shooting it and harvesting it without a tag.Is asking for a ticket.
I would of sent it, and walk away without a tag that's all you can do.And tell know one .
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It's kind of a moot point because I'd never go into the woods without bear and cougar tags.
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A quick video,
proving it was wounded. Then put it down.
I think I could defend that in court? Or at least have a better case trying.
As far as the meat Its hard to call with out being in the situation.
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Personally speaking, if I were acting outside of or on edge of legal behavior to do something I considered ethical and necessary I would practice SSS.
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I think the right thing to do would be to dispatch it. If it was shot the day before and suffering that long, I doubt the meat would taste any good. I would think it would be pretty rancid with all that adrenaline running thought it trying to keep itself alive. I would let the other scavengers do their thing. I am pretty sure that it wouldn't be legal though. Like mentioned before, it's sad that what's right, isn't legal.
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I don’t hunt for bears or cougars specifically, but I always buy and carry the tags..
In 15 years, It has resulted in 4 bears and 1 cat, that made themselves available.
And would allow for legally dispatching this wounded animal.
For an extra $11 it’s totally worth it and almost a no brainer
:yeah: :yeah:
And +1 for carrying an inReach and trying to find someone with a tag who could do it legally. But if that fails, I would have dispatched it and not reported it. Every LEO with a brain knows putting that poor animal out of its misery is the right thing to do. But they also took an oath to enforce the law, and while certainly a reasonable law overall, in this specific case it's not in line with what's ethical.
Sorry to hear about the experience overall though. Watching a wounded animal suffer is awful.
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A quick video,
proving it was wounded. Then put it down.
I think I could defend that in court? Or at least have a better case trying.
As far as the meat Its hard to call with out being in the situation.
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I thought about this, but who is to say you didn't do the wounding shot?
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Laws are necessarily imperfect attempts to codify our ethics in a way that is broadly applicable. They cannot possibly capture every single scenario in which those ethics may need to be exercised. There are times when to act lawfully is to act unethically, and vice versa. Given that the laws stem from our ethics, and are meant to reinforce them, and NOT vice-versa, in a situation in which ethics clearly conflict with the law, I choose to act ethically.
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Laws are necessarily imperfect attempts to codify our ethics in a way that is broadly applicable. They cannot possibly capture every single scenario in which those ethics may need to be exercised. There are times when to act lawfully is to act unethically, and vice versa. Given that the laws stem from our ethics, and are meant to reinforce them, and NOT vice-versa, in a situation in which ethics clearly conflict with the law, I choose to act ethically.
:salute:
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Laws are necessarily imperfect attempts to codify our ethics in a way that is broadly applicable. They cannot possibly capture every single scenario in which those ethics may need to be exercised. There are times when to act lawfully is to act unethically, and vice versa. Given that the laws stem from our ethics, and are meant to reinforce them, and NOT vice-versa, in a situation in which ethics clearly conflict with the law, I choose to act ethically.
Very well said
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:yeah: x3
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Laws are necessarily imperfect attempts to codify our ethics in a way that is broadly applicable. They cannot possibly capture every single scenario in which those ethics may need to be exercised. There are times when to act lawfully is to act unethically, and vice versa. Given that the laws stem from our ethics, and are meant to reinforce them, and NOT vice-versa, in a situation in which ethics clearly conflict with the law, I choose to act ethically.
:yeah: Very, very well said!
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I have personally been in this situation on more than one occasion with road hunters and private property. Twice we had to dispatch an animal because it was left to die and both times we salvaged the meat. The first time the warden took the entire animal and thanked us for not letting it go to waste. The second time he took the head and antlers and left us with the meat. :dunno: He appreciated the fact that we didn't just turn a blind eye and let it go to waste. Don't know why everyone thinks the wardens will instantly write a citation with out regards to the situation.
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I don't think anyone assumed the warden would issue a citation, but it is certainly a possibility since a law would be broken if one shot an animal without a tag. You can always hope, but there are areas I wouldn't dare do it and other wardens I would be much more inclined. If you know the warden, have a good relationship and can document what happened that's one situation. Wardens, like other people, vary and I know one or two that would write the tickets without hesitation.
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I have personally been in this situation on more than one occasion with road hunters and private property. Twice we had to dispatch an animal because it was left to die and both times we salvaged the meat. The first time the warden took the entire animal and thanked us for not letting it go to waste. The second time he took the head and antlers and left us with the meat. :dunno: He appreciated the fact that we didn't just turn a blind eye and let it go to waste. Don't know why everyone thinks the wardens will instantly write a citation with out regards to the situation.
I tend to agree. I've hunted in this state since '92 or '93 and have never seen a WDFW enforcement officer in the field, but in the few instances where I've interacted with them when reporting/discussing problematic issues they have all been great guys to worth with. Sometimes you've just got to do the right thing and have faith in your fellow man. Keep in mind that most enforcement types are accustomed to dealing with the extreme *censored* bag dregs of society. It's refreshing for them when they encounter solid, above-board, law-abiding citizens.
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what bear :dunno:
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I don't think anyone assumed the warden would issue a citation, but it is certainly a possibility since a law would be broken if one shot an animal without a tag. You can always hope, but there are areas I wouldn't dare do it and other wardens I would be much more inclined. If you know the warden, have a good relationship and can document what happened that's one situation. Wardens, like other people, vary and I know one or two that would write the tickets without hesitation.
Several have stated this viewpoint in this very thread and others.
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I would have put it out of it's misery and gone about my day.
It's easy to come up with theories and judge others, but you weren't there for the shot or attempted recovery, so it's really best not to judge. You know of one camp in the area, you know an outfitter is through there, and you were ONLY 9 miles back. I know 9 miles in from a trail head seems like a lot when you're on foot, but that's just a day ride for guys like me that use mules and/or horses for hunting. No reason to think the camp you talked to had anyone lying about not shooting at the bear.
It's a sad thing to see wounded game and is a situation I have no problem with committing a game violation over.
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Legal or not my conscience would dispatch and roll the dice with getting in trouble for doing the RIGHT thing
:yeah:
BTDT, worried until the carcass was bones that i would get nailed for doing the right thing...still did it.
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I would have shot it walked away and felt fine with it.
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I have personally been in this situation on more than one occasion with road hunters and private property. Twice we had to dispatch an animal because it was left to die and both times we salvaged the meat. The first time the warden took the entire animal and thanked us for not letting it go to waste. The second time he took the head and antlers and left us with the meat. :dunno: He appreciated the fact that we didn't just turn a blind eye and let it go to waste. Don't know why everyone thinks the wardens will instantly write a citation with out regards to the situation.
Its just indicative of the general poor relationship wdfw has with hunters. Theresnot a lot of trust there.
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After reading the story my first thought was a wounded bear so close to trail junctions could be a safety issue if not dispatched. Are you sure it didn't try to lunge toward you--in which case it was self-defense if you had to shoot it.
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It's kind of a moot point because I'd never go into the woods without bear and cougar tags.
And if it was out of season?
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Put it down and walk away. No need to contact anyone. You will know in your heart that you did the right thing when you ended its suffering. Don't worry about wastage cuz Mother Nature never "wastes" anything. Sooner or later the critters will find it and have a picnic palooza and within a few days it will be gone.
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Personally speaking, if I were acting outside of or on edge of legal behavior to do something I considered ethical and necessary I would practice SSS.
^^^^^
If it was me, this thread wouldn’t exist.
Actually I always have a bear tag even if I’m not ever going bear hunting.