Call to Action--Wildlife Department

[Dave N]

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 it wasn't yours to begin with.

 

[Jnasa]

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

Do you know this is what ODWC does? Many states I know of will auction items off the following year. Anything that is no longer needed for evidence that is.

 

[bowhunter_82]

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

It should be noted, that deer can run for several hundred yards after being shot. I don't think hunting without regard to property lines was ever an issue here.

 

[Bowhuntrben]

Just curious. How close to the line were you when you shot?

I'm also surprised the DNR could seize it. Do they have salvage tags there?

 

[Bambistew]

Crappy situation.

I know of a few people that had moose seized for being under sized, and later determined they were in fact legal. In the meantime F&G gave the meat away and lost the antlers... could be worse. At least you know where they are.

 

[seeth07]

It should be noted, that deer can run for several hundred yards after being shot. I don't think hunting without regard to property lines was ever an issue here.

So hunt 100 yards from the boundary to avoid this situation? Only take shots you know will result in a perfect heart shot? Build a fence between your neighbors and your property or lay down logs to avoid having them run that direction after you shoot?

 

[bowhunter_82]

Do you know this is what ODWC does? Many states I know of will auction items off the following year. Anything that is no longer needed for evidence that is.

No I am not positive. They might have auctions. Something I need to investigate further. Thanks

 

[bowhunter_82]

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

Appreciate the advice.

 

[Straight Arrow]

IMO, if legal harvest is defined by physical possession, it should be easy to get clarification of that definition and thus your legal possession status. 'Sounds as though a waste of money paid to an attorney.
In Montana if game is confiscated by the warden for whatever reason, the trophy parts and sometimes entire animal are often auctioned off. I've known of instances where the hunter has paid alot of money to outbid others and retrieve the trophy.
If the F&G agency values it as a trophy to mount and display, then it's likely their prerogative. 'Suggest you determine for certain what will be done with the deer first, then see if money will allow you to bid or buy somehow.
If you are ultimately unable to "retrieve" the deer, then just send me whatever you would pay a lawyer ... as I have practical legal and hunt advice, "Don't hunt near fencelines!"

 

[ClearCreek]

Do you know this is what ODWC does? Many states I know of will auction items off the following year. Anything that is no longer needed for evidence that is.

My home state no longer has an auction to get rid of confiscated antlers.

They stopped having an auction a number of years (like 20 years) ago because, as mentioned in this thread somewhere, it gave the offending party an oppurtunity to recover the item that was the subject of the case.

There are several things that can happen to confiscated antlers, including, but not limited to:
1) they can be used for educational purposes,
2) they can be used in Stop Poaching diplays,
3) they can be stored for a long time,
4) they are destroyed (burned or cut up for dog chews).

ClearCreek

 

[WildWill]

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

That buck will be hanging in the directors office soon enough!



Here

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.

They can't give it back because it's "technically" not your deer. As bad as it sucks that deer was never legally tagged (due to circumstances out of your control) so it's not nor has it ever been anyone's private property. It's property of the state held in trust by the ODWC for the citizens of this state. No matter how much I or the game warden agree that you got a raw deal they're not gonna give you that deer. As weird as it sounds they have a legal obligation to not give you that deer. It was all over the moment the game warden couldn't talk the landowner in to letting you tag it. I believe that's where the "things would be different if it wasn't a 200 incher" comment came from. Really crappy move by the neighbor but big deer do weird things to people.



From a fellow okie who's worked at the ODWC.

 

[seeth07]

I was thinking about this situation a little bit more and something interesting came to mind.

Let's say I shoot a deer and it goes to private property I don't have permission on. I go ask for permission and am not granted it so what I decide to do is trespass, go grab it, legally tag it following the rules and put the animal legally into my possession for the take of it.

The only crime I would be committing at that point is a property trespass. I could accept those charges and deal with whatever those consequences those are but the animal would not be part of it basically correct? My reasoning is think about the situation where your kid is playing catch in the back yard and tosses the ball over his friends head and over the fence into the neighbors. The ball forever remains property of the kid but its still trespassing to go get it.

Point is I think you would of had better luck in this situation if you just went and got the buck and put it properly into your possession.

 

[SAJ-99]

but the animal would not be part of it basically correct?

I would assume they would seize the animal? The animal was clearly part of committing the crime. If you plead guilty, why should you get to animal back.

The ball forever remains property of the kid

You got my head spinning on this one. I guess a judge would need to decide. The difference is technically the kid began with possession of the ball so it was clearly his property. The animal you shot was never your property.

 

[seeth07]

I think the moment you intend to kill it would be about the moment the intent to possess it begins. Yes rhe animal may get seized but you may be able to make an argument to get it back as opposed to now in his situation where I just don't see how they could