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Big Game Hunting => Deer Hunting => Topic started by: Sitka_Blacktail on March 27, 2012, 12:44:20 PM


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Title: Ocean Shores poaching
Post by: Sitka_Blacktail on March 27, 2012, 12:44:20 PM
Heard on the radio this morning a Seattle man was arrested for poaching a deer near the Ocean Shores Grade School.  Seems he shot it and somebody heard the shot and turned him in. They caught him loading it into his pick-up. Seized the deer, the gun and the truck. Gonna be some expensive venison he didn't get to eat.

While this herd needs thinning and will never be because it's in the city limits, this is a stupid act. Most people poach out there with bows because it quiet. Then there are deer running around with arrows sticking out of them. In both cases, these people are just giving the rest of us a bad name.  I guess all those tame deer standing around are just too tempting for some people.
Title: Re: Ocean Shores poaching
Post by: JimmyHoffa on March 27, 2012, 12:48:35 PM
Was there any mention to how close to the school he was when discharging the firearm?  Some places I think that would get him in more trouble than the poaching.
Title: Re: Ocean Shores poaching
Post by: LeeMajors on March 27, 2012, 12:48:50 PM
After fishing the Jetty on the Westport side this weekend, SLF and I were loading up the kayaks and a deer walked right past us.  Good size deer too.
Title: Re: Ocean Shores poaching
Post by: cem3434 on April 01, 2012, 11:00:01 AM
I dont think you can hunt anywhere in City limits (even if its in season) with any type of weapon.  Those deer are like dogs, but they do have a couple of monster blacktails. 
Title: Re: Ocean Shores poaching
Post by: Encore 280 on April 01, 2012, 11:44:52 AM
If during regular deer season, is there a firearm restriction? If there is but you can hunt with a bow then ya have to be careful about the private property thing.
Title: Re: Ocean Shores poaching
Post by: bigtex on April 01, 2012, 11:46:34 AM
I dont think you can hunt anywhere in City limits (even if its in season) with any type of weapon.  Those deer are like dogs, but they do have a couple of monster blacktails.

Depends on the city. Each city creates their own ordinances, some completely outlaw hunting, others allow archery hunting only.
Title: Re: Ocean Shores poaching
Post by: Bob33 on April 01, 2012, 12:11:43 PM
I dont think you can hunt anywhere in City limits (even if its in season) with any type of weapon.  Those deer are like dogs, but they do have a couple of monster blacktails.

Depends on the city. Each city creates their own ordinances, some completely outlaw hunting, others allow archery hunting only.
According to WDFW, a city cannot restrict hunting.  They can restrict what legally can be discharged, but not hunting in total.
Title: Re: Ocean Shores poaching
Post by: cem3434 on April 01, 2012, 12:13:36 PM
I dont think you can hunt anywhere in City limits (even if its in season) with any type of weapon.  Those deer are like dogs, but they do have a couple of monster blacktails.

Depends on the city. Each city creates their own ordinances, some completely outlaw hunting, others allow archery hunting only.

Im speaking specifically about Oceans Shores. Im pretty sure there is no hunting allowed in City limits regardless of the hunting method.
Title: Re: Ocean Shores poaching
Post by: Bob33 on April 01, 2012, 12:15:52 PM
I am quoting from an email receiving from WDFW's legal representative:

RCW 9.41.300(2)(a) says,
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others.

No municipalities may prohibit hunting within city limits.  Only WDFW has the authority to regulate hunting. 

However, as stated above, a municipality can restrict the discharge of firearms within city limits (or a portion thereof) if they can show there is a reasonable likelihood that the discharge of firearms in these areas will jeopardize the safety of humans, domestic animals, or property.

Sammamish does not have the legal authority to prohibit hunting on the undeveloped DNR land.  But they can prohibit the discharge of firearms there if they can make the showing required in RCW 9.41.300(2)(a).
I hope this answers your questions.   Let me know if you have other questions.
 
Lori Preuss, WSBA #33045
WDFW Criminal Justice Liaison &
Administrative Regulations Coordinator
Title: Re: Ocean Shores poaching
Post by: bigtex on April 01, 2012, 12:18:18 PM
WAC 232-28-248 Special closures and firearm restriction areas.

RESTRICTED AND PROHIBITED HUNTING AREAS.


These areas are closed by Fish and Wildlife Commission action. Other areas may be closed to hunting by local, state or federal regulations.
Title: Re: Ocean Shores poaching
Post by: BullMagnet76 on April 01, 2012, 12:24:59 PM
DON'T YA JUST LOVE STUPID PEOPLE :bash:
Title: Re: Ocean Shores poaching
Post by: TONTO on April 01, 2012, 12:37:11 PM
 Citys can and do restrict hiunting, but it is not a WDFW violation, it is a city ordanance. A couple years back there was a man in Kelso that took a buck in the city limits with a disabled permit from the cab of his truck with a shotgun. WDFW stated he was in a legal area with a legal weapon(shotgun in a firearm restricted area) and with the disabled permit alowed to shoot from his vehicle. The WDFW let him keep the deer(legal kill) although the city of Kelso still cited him for shooting within the city limits.
Title: Re: Ocean Shores poaching
Post by: Bob33 on April 01, 2012, 12:45:09 PM
The WDFW let him keep the deer(legal kill) although the city of Kelso still cited him for shooting within the city limits.
Cities can restrict shooting.
Title: Re: Ocean Shores poaching
Post by: bigtex on April 01, 2012, 12:48:59 PM
The WDFW let him keep the deer(legal kill) although the city of Kelso still cited him for shooting within the city limits.

Shooting and hunting are different things. In this case if it happened like you said the individual would have been cited for the same offense if he was shooting at pop cans
Title: Re: Ocean Shores poaching
Post by: TONTO on April 01, 2012, 12:56:17 PM
The WDFW let him keep the deer(legal kill) although the city of Kelso still cited him for shooting within the city limits.

Shooting and hunting are different things. In this case if it happened like you said the individual would have been cited for the same offense if he was shooting at pop cans

 Yes, that happened in Kelso and they have a shooting ban, but not a hunting ban. In Longview however just across the river they have a hunting ban in the city limits. Now if somebody was to take an animal within the city limits during a legal season with a leagal weapon(also firearm restricted Stela unit) would they be in violation of WDFW law or city law? Would this result in a game violation or a city infraction?
Title: Re: Ocean Shores poaching
Post by: cem3434 on April 01, 2012, 12:56:39 PM
Either way, if you outlaw the discharge of firearms in any form then you effectively outlaw hunting as well.....unless you use a Rambo knife! :chuckle:
Title: Re: Ocean Shores poaching
Post by: bigtex on April 01, 2012, 01:03:32 PM
The WDFW let him keep the deer(legal kill) although the city of Kelso still cited him for shooting within the city limits.

Shooting and hunting are different things. In this case if it happened like you said the individual would have been cited for the same offense if he was shooting at pop cans

 Yes, that happened in Kelso and they have a shooting ban, but not a hunting ban. In Longview however just across the river they have a hunting ban in the city limits. Now if somebody was to take an animal within the city limits during a legal season with a leagal weapon(also firearm restricted Stela unit) would they be in violation of WDFW law or city law? Would this result in a game violation or a city infraction?

If the only violation was the taking within city limits it would not be a WDFW law violation or game violation under RCW 77. It would simply be a city law violation.
Title: Re: Ocean Shores poaching
Post by: TeacherMan on April 01, 2012, 01:15:45 PM
After fishing the Jetty on the Westport side this weekend, SLF and I were loading up the kayaks and a deer walked right past us.  Good size deer too.

How did you guys do fishing?

I would love to shoot some of the monsters I've seen in town!
Title: Re: Ocean Shores poaching
Post by: LeeMajors on April 03, 2012, 11:13:40 AM
I missed several bites, but managed a large irish lord.  My fiance landed several rocks, and kept a nice 18" rock. 

Sent from my DROIDX using Tapatalk
Title: Re: Ocean Shores poaching
Post by: huntnphool on April 03, 2012, 05:28:51 PM
 Here is one from a few weeks ago out there.
Title: Re: Ocean Shores poaching
Post by: Shed Stud on April 03, 2012, 05:50:27 PM
Either way, if you outlaw the discharge of firearms in any form then you effectively outlaw hunting as well.....unless you use a Rambo knife! :chuckle:
Or a bow. I know of a couple nice bucks taken in city limits with a firearm restriction in place with a bow.
Title: Re: Ocean Shores poaching
Post by: BigD on April 03, 2012, 06:20:11 PM
Ocean Shores Municipal Code states as follows below. I have a place about a block from the primary school, and I can say you would have to be an idiot to discharge a fire arm in that area.


8.20.010  Designated areas/species.
Hunting of game, other than waterfowl and upland game birds, is prohibited within the city limits of Ocean Shores. Hunting of waterfowl and upland game birds shall be permitted only in the following designated areas within the city limits:

A. That area of land being within the perimeter of Sections 22, 23, 26 and 27, Township 17N, Range 12W, WM owned by the State Department of Wildlife and commonly referred to as "the sink," less a strip of land one hundred yards in width from the perimeter boundary line of "the sink."

B. That area of land owned by the Department of Wildlife lying east of the Ocean Shores Municipal Airport and described as: Commencing at the intersection of Smith Street and Olympic View Way situated in Division 23, Plat of Ocean Shores, thence N 12 degrees 40’ 00" a distance of 251.83 feet which is the beginning of the point of reference for the hunting zone; thence S 77 degrees 20’ 00" a distance of 884.79 feet; to the south terminus of the clear flight zone. The north boundary begins at the same Smith Street point, thence N 13 degrees 12’ 00" a distance of 1,000.00 feet, thence north 7 degrees 30’ 00" a distance of 3,110.00 feet to establish the point of reference for the north hunting boundary, thence north 1 degree 47’ 22" a distance of 1,205.00 feet to the north terminus of the clear flight zone.

(Ord. 606 § 1, 1996: Ord. 505 § 2, 1990)

8.20.020  Restricted to shotguns.
Hunting within the limited areas shall be restricted to shotguns using birdshot only. (Ord. 79 § 2, 1972)

8.20.030  Hours, duration of hunting time and bag limits.
Hunting hours, duration of hunting time and bag limits shall conform to the official state game laws as promulgated by the State Department of Game. (Ord. 79 § 3, 1972)

8.20.070  Small arms—Target range.
A small arms target range may be established for use by law enforcement officers in an area and under such terms and conditions as may be prescribed by the city manager. (Ord. 118 § 1, 1973: Ord. 79 (part), 1972)

8.20.080  Small arms—Discharge.
The discharge of small arms is allowed by law enforcement officers in an area and under such terms and conditions as may be prescribed by the city manager. (Ord. 118 § 2, 1973: Ord. 79 (part), 1972)

8.20.090  Violation—Penalty.
Any person violating Sections 8.20.010 through 8.20.080 shall be guilty of a Class B offense as defined in Title 7 of this code. (Ord. 281 § 3 (part), 1979: Ord. 79 § 5, 1972)

II. Trapping

8.20.100  Prohibited.
The city council recognizes that the practice of trapping for animals is very hazardous in an area where families reside and businesses are carried on, and declares that it is the policy of the city to prohibit trapping of any nature whatsoever within the city limits. (Ord. 199 § 1, 1976)

8.20.110  Unlawful.
Any person who hunts for fur-bearing animals with any trapping device of any nature whatsoever within the city limits shall be guilty of a Class B offense as defined in Title 7 of this code. (Ord. 281 § 3 (part), 1979: Ord. 199 § 2, 1976)

8.20.120  Exemptions.
The Washington State Game Department shall be allowed to trap for animals, with the approval of the public safety director of the city, when such activity is necessary under the circumstances. (Ord. 199 § 3, 1976)

Title: Re: Ocean Shores poaching
Post by: Bofire on April 03, 2012, 07:19:12 PM
 :)  that whole damn town is built on hauled in contaminated fill. You ever notice the things growing on some of those deer? baggy tumor things, gray??? I aint sure I'd eat one. :dunno:
Carl
Title: Re: Ocean Shores poaching
Post by: bobcat on April 03, 2012, 08:01:15 PM

Quote
8.20.010  Designated areas/species.
Hunting of game, other than waterfowl and upland game birds, is prohibited within the city limits of Ocean Shores.

The above law is illegal since by state law cities cannot prohibit hunting. So it sounds to me like you could hunt/kill deer within the city limits of Ocean Shores, with archery equipment, and it would probably have to be on your own property, or other property that you had permission to hunt on.

Don't take my word for it though. That's just my interpretation, and I'm no laywer.

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