Nevada Spike Elk Regulation

[backcountry_sassn]

So I was fortunate to draw a spike elk tag in a newly open spike hunt (unit 222-223). I’m not planning on shooting the biggest legal spike I can find, and I’ve been in this unit a lot and see lots of true spikes. But I want to see how everyone translates the regulations on the definition of a spike. (I have sent a message to a game warden to clarify and will post that once he reply’s


The regulation reads.....

“any antlered elk having not more than two points above the top of the ear on either antler”

So my translation is the biggest you could shoot would be a 4x4 like the picture below.


The brow tines would be below the tops of the ear and there is only one tine coming off the main beam making it only 2 points above the tops of the ear.

So I want to hear what you all think.

 

[MTLabrador]

I don’t know anything about Nevada, but I can’t imagine that’s legal. I think they mean a branched spike.

 

[Wallydeuce]

Don't think so. The photo looks like a rag horn to me.If I'm wrong, I'll be applying for a spike only next year!

 

[backcountry_sassn]

I don’t know anything about Nevada, but I can’t imagine that’s legal. I think they mean a branched spike.

I know they mean a yearling and if it has a point coming off you are fine. But off the way the definition is spelled out, it’s only taking about points above the top of the ears.

 

[backcountry_sassn]

Don't think so. The photo looks like a rag horn to me.If I'm wrong, I'll be applying for a spike only next year!

The regulations are saying what a rag horn is or not. Rag horn is a personal opinion. I’m saying the way it is defined, it’s says only two points above the tops of the ears. If the brow tones are below the tops of the year, they wouldn’t count. I’m only shooting a single tine spike just to be safe. I’m just pointing out the definition

 

[Wallydeuce]

The regulations are saying what a rag horn is or not. Rag horn is a personal opinion. I’m saying the way it is defined, it’s says only two points above the tops of the ears. If the brow tones are below the tops of the year, they wouldn’t count. I’m only shooting a single tine spike just to be safe. I’m just pointing out the definition

I understand. I didn't think you would dump that and call it a spike. I'm sure we both view a spike the same.

 

[psycho]

When i called in a few years ago for a spike hunt they told me you can shoot a 2x2. I normally get those things in writing but cant recall if i got that one in writing. I have more spike tags this year to help fill so i will be calling them again. If you get the answer first would appreciate a copy of what you get from them.

 

[backcountry_sassn]

I understand. I didn't think you would dump that and call it a spike. I'm sure we both view a spike the same.

In Utah it just can’t have branches on one side. So those freak 6x1 are classified as a spike. They also don’t count brow tines as a spike. I’ve always thought a spike was a spike. And I know that’s how Nevada’s definition was spelled out in the past, but they changed it a few years back to increase harvest numbers in these units since they are well above objective numbers.

When i called in a few years ago for a spike hunt they told me you can shoot a 2x2. I normally get those things in writing but cant recall if i got that one in writing. I have more spike tags this year to help fill so i will be calling them again. If you get the answer first would appreciate a copy of what you get from them.

yeah, I’ll post what the warden tells me. He replied and said he’s going to talk to his fellow wardens and see what they say. Haha I don’t know why they can’t just make a spike a spike, then put up a picture of a spike and say “you can only shoot this” haha.

 

[mevertsen]

Just shoot a spike?

The regulation was changed because there are a few yearling bulls which have a small fork at the top.

The intent is to kill 1 year old bulls. Don't over think it.

 

[Jdp010]

Are you confident the points on the brow tines cannot be construed as finishing above the tip of the ear? The NV reg focuses on the points themselves. Unlike the Utah spike reg that focuses on the branching occurring below the ear.

Will a warden pitch up the bulls face when judging whether the points of the brow tines are above the tip of the ear?

What about broken bulls?

Maybe administrative agency intent was to kill 1.5yo bulls. But maybe they understood their regulation would include many 2.5 yo 4x4s with standard development. And that also accomplishes objective of removing younger bulls.

But intent of the writer is generally only looked at when the reg/statute is ambiguous on its face. And that regulation seems pretty clear on how to count points. With the caveat that I worry the warden will tilt the head back so the brow tips are above the ear - and then he will put your rag-spike in his truck.

 

[Gr8bawana]

Go ahead and shoot a 4 point bull and let us know what the fine is.

 

[ShootsManyBullets]

What do you think they invented hacksaws for?

 

[backcountry_sassn]

Go ahead and shoot a 4 point bull and let us know what the fine is.

Haha like I said, I wouldn’t shoot one because I understand the spirit of the law. I’m just pointing out how complicated they make these regs.

Are you confident the points on the brow tines cannot be construed as finishing above the tip of the ear? The NV reg focuses on the points themselves. Unlike the Utah spike reg that focuses on the branching occurring below the ear.

Will a warden pitch up the bulls face when judging whether the points of the brow tines are above the tip of the ear?

What about broken bulls?

Maybe administrative agency intent was to kill 1.5yo bulls. But maybe they understood their regulation would include many 2.5 yo 4x4s with standard development. And that also accomplishes objective of removing younger bulls.

But intent of the writer is generally only looked at when the reg/statute is ambiguous on its face. And that regulation seems pretty clear on how to count points. With the caveat that I worry the warden will tilt the head back so the brow tips are above the ear - and then he will put your rag-spike in his truck.

I have already received confirmation that brow tines do not count as points on a spike. I don’t get why they can’t just make the definition of a spike what a spike is. A 1.5 year old bull with 3 points has some good genetics and shouldn’t be shot with a spike tag.

 

[NV_Hunting]

Congrats on the spike tag, that's a solid unit I've hunted a few times. I was lucky enough to get a spike tag across the way in 221. I haven't heard back from the game warden but I did talk to a biologist about the regs. He said anything below the ears doesn't matter and that it can have one branch off the main beams and still be legal. So basically a forky and smaller is good to go. I've made 2 scouting trips up there so far and have a few cameras up on the water holes that still have water in them, I hope they get some rain its drying up fast. Did you ever hear back from the warden? I'd be curious to hear what he says as he'd be the one writing the tickets!