Call to Action--Wildlife Department

[bowhunter_82]

Hello fellow hunters and outdoorsmen,

I am writing to share a situation I am currently facing in Oklahoma and would appreciate your honest feedback. I believe this issue is something that could happen to any hunter, whether local or from out of state.

Recently, I shot a deer with my bow. The deer crossed onto a neighboring property before it expired. The landowner refused to allow me to retrieve it. We both contacted the Game Warden, who attempted to persuade the landowner to release the deer to me. When the landowner refused, the Game Warden seized the deer because the landowner could not legally tag it.

I am now struggling to get the Oklahoma Department of Wildlife Conservation (ODWC) to release the deer to me. During a meeting with the Game Warden Supervisor, he acknowledged that I shot the deer legally and ethically. However, he stated that because I never had physical possession of the animal, I did not "harvest" it, and therefore they cannot return it to me. He even suggested that this would not be an issue if it weren't a 200" deer.

I feel I am being penalized unfairly. The supervisor advised that I would need to hire an attorney and contact the Wildlife Director. I have since retained counsel and am waiting to schedule that meeting.

While I want the deer back, I am also concerned about the precedent this sets. If the Department’s stance is that "harvest" requires physical possession, it almost encourages hunters to trespass to gain that possession rather than following ethical and legal channels. I believe the ODWC should do the right thing and return the deer to the person who legally took it.

I intend to pursue legal action if necessary, but I wanted to get your opinions on this matter to ensure my perspective is reasonable.

Best regards

 

[SD_Prairie_Goat]

Hello fellow hunters and outdoorsmen,

I am writing to share a situation I am currently facing in Oklahoma and would appreciate your honest feedback. I believe this issue is something that could happen to any hunter, whether local or from out of state.

Recently, I shot a deer with my bow. The deer crossed onto a neighboring property before it expired. The landowner refused to allow me to retrieve it. We both contacted the Game Warden, who attempted to persuade the landowner to release the deer to me. When the landowner refused, the Game Warden seized the deer because the landowner could not legally tag it.

I am now struggling to get the Oklahoma Department of Wildlife Conservation (ODWC) to release the deer to me. During a meeting with the Game Warden Supervisor, he acknowledged that I shot the deer legally and ethically. However, he stated that because I never had physical possession of the animal, I did not "harvest" it, and therefore they cannot return it to me. He even suggested that this would not be an issue if it weren't a 200" deer.

I feel I am being penalized unfairly. The supervisor advised that I would need to hire an attorney and contact the Wildlife Director. I have since retained counsel and am waiting to schedule that meeting.

While I want the deer back, I am also concerned about the precedent this sets. If the Department’s stance is that "harvest" requires physical possession, it almost encourages hunters to trespass to gain that possession rather than following ethical and legal channels. I believe the ODWC should do the right thing and return the deer to the person who legally took it.

I intend to pursue legal action if necessary, but I wanted to get your opinions on this matter to ensure my perspective is reasonable.

Best regards

Pretty sure you'll get nowhere. Don't know your state laws but SD doesn't allow retrieval either.

If the land owner doesn't want to allow it, you can't force them. I'm shocked fish and game could retrieve it either. In SD they wouldn't have been able to without landowner permission.


What do they do with the animal? Auction it off I imagine? Money better spent buying it then rather than on lawyer fees imo

 

[Dave N]

Sounds like you're SOL.

 

[SAJ-99]

If the Department’s stance is that "harvest" requires physical possession, it almost encourages hunters to trespass to gain that possession rather than following ethical and legal channels. I believe the ODWC should do the right thing and return the deer to the person who legally took it.

I think that is the definition of harvest. Harvest without possession would cause more problems in other ways. Do the right thing isn't always following the law. I would assume ODWC would donate the meat and you are just fighting over the mount?

 

[bowhunter_82]

I think that is the definition of harvest. Harvest without possession would cause more problems in other ways. Do the right thing isn't always following the law. I would assume ODWC would donate the meat and you are just fighting over the mount?

Yes, ODWC donated the meat and the head and cape are currently in a freezer.

 

[SAJ-99]

Yes, ODWC donated the meat and the head and cape are currently in a freezer.

Per the SD_prairie_goat's point, what do they do with it? Auction it?
Unfortunately landowners have rights. Sometimes I don't agree with them, but they exist. This is one of those where the LO just wanted to make sure everyone knew he was a-hole.

 

[bowhunter_82]

Pretty sure you'll get nowhere. Don't know your state laws but SD doesn't allow retrieval either.

If the land owner doesn't want to allow it, you can't force them. I'm shocked fish and game could retrieve it either. In SD they wouldn't have been able to without landowner permission.


What do they do with the animal? Auction it off I imagine? Money better spent buying it then rather than on lawyer fees imo

Correct. If the landowner does not want the hunter to retrieve the animal, there isn't anything we can do, unfortunately. In this case, the landowner moved the deer from the property and had illegal possession of the deer. Since they would not release it to me, (hunter) they had to take it. At this point, the landowner doesn't have anything else to do with it. I am just trying to get it back from the ODWC.

 

[SD_Prairie_Goat]

Correct. If the landowner does not want the hunter to retrieve the animal, there isn't anything we can do, unfortunately. In this case, the landowner moved the deer from the property and had illegal possession of the deer. Since they would not release it to me, (hunter) they had to take it. At this point, the landowner doesn't have anything else to do with it. I am just trying to get it back from the ODWC.

I'd focus on what happens to it. If they auction I'd just try to win that.

Could try a scary letter from a lawyer to see if that could scare them into releasing it, but I give that route a 2% chance of success.

How much is this worth to you? $25k? Cause you go the lawyer path to the end it could easily be that amount

 

[seeth07]

This may go a bit against the grain of "what is fair" but I'm actually glad this exists in many states including my own. Due to how small many private parcels are around by me, if this law didn't exist it would likely result in a lot of "bad behavior" by neighbors knowing that they could just go retrieve any animal they wounded without regard to the property it is on. That would only create worse neighbor tensions than what would otherwise exist with this law.

 

[cur dog]

I suspect you won’t get anywhere legally. If it were me, I’d inquire about having a replica made. Both parties win…. Or close to a win.

 

[SD_Prairie_Goat]

I suspect you won’t get anywhere legally. If it were me, I’d inquire about having a replica made. Both parties win…. Or close to a win.

Actually a great idea and probably the cheapest option by a factor of ten

 

[bowhunter_82]

This may go a bit against the grain of "what is fair" but I'm actually glad this exists in many states including my own. Due to how small many private parcels are around by me, if this law didn't exist it would likely result in a lot of "bad behavior" by neighbors knowing that they could just go retrieve any animal they wounded without regard to the property it is on. That would only create worse neighbor tensions than what would otherwise exist with this law.

My issues is not with the landowner not allowing me to retrieve the deer. I agree with private property rights. My issue is with the ODWC. Now that they have it, why can't they give it back to me.

 

[Jnasa]

Unfortunately, I am not sure there is much you can do.

 

[bowhunter_82]

Actually a great idea and probably the cheapest option by a factor of ten

I know. It just feels like I would be giving up. But appreciate the advice. I just don't understand why the ODWC can't release it.

 

[ClearCreek]

What will they (ODWC) do with the cape and rack?

When they get around to cleaning out the freezer they will saw up the rack to make dog chews and donate them to the pet shelter. The cape they will just throw away.

ClearCreek

 

[Jnasa]

My issues is not with the landowner not allowing me to retrieve the deer. I agree with private property rights. My issue is with the ODWC. Now that they have it, why can't they give it back to me.

Because you wouldn’t have gotten it otherwise. I understand it sucks.

You mentioned being worried about the president of just trying to illegally retrieve. If they confiscated the deer then gave it to you. It could set a precedent of not caring for boundaries and just having ODWC retrieve it for you.

I understand what you are facing. It sucks that you did the right thing and don’t get your deer. Unfortunately, that is the risk of hunting property boundaries.

 

[SAJ-99]

Now that they have it, why can't they give it back to me.

Because that would allow the LO to say ODWC illegally trespassed in seizing the animal from him. I get your point, but ODWC can't take the animal because they don't want it to go to waste and then give it to you. ODWC did everything they could. They tried to get the LO to let you grab it. The LO obviously wanted the rack too. ODWC is in a tough spot.

 

[seeth07]

My issues is not with the landowner not allowing me to retrieve the deer. I agree with private property rights. My issue is with the ODWC. Now that they have it, why can't they give it back to me.

Because if they gave it to you, it sets the standard for the next guy to just do the same thing - hunt without regard to property lines knowing that if the state takes the deer, they can just get it back

 

[SD_Prairie_Goat]

I know. It just feels like I would be giving up. But appreciate the advice. I just don't understand why the ODWC can't release it.

Wise men know when to retreat would be my advice.

Replica can be as good as original and annoys massive head ache. Might even be allowed to measure the rack in the station if that will be the end of it

 

[bowhunter_82]

What will they (ODWC) do with the cape and rack?

When they get around to cleaning out the freezer they will saw up the rack to make dog chews and donate them to the pet shelter. The cape they will just throw away.

ClearCreek

I would imagine they will mount it. At least that's the impression that one of the wardens gave me.