Ethical hunting vs. the law

[Multidigits]

DC-- I've got a question about law enforcement concerning crippled ducks or geese. I talked with a fellow that had just received a citation for dispatching a crippled duck on the Ohio River while under power from his outboard. If you've ever had to do this, it's very difficult or maybe even impossible to get close enough to wounded ducks or geese without using motor power. When you get near enough to finish the job, the ducks will dive and only resurface at a safe distance away from the boat. A favorite tactic of some wardens seems to be to tail a floating hunter or watch through binos until this senario happens. I'm just wondering why a hunter has to be put in a position where he has to risk a ticket in order to bring crippled ducks to the bag.

Also, Sunday morning, I was checked by a couple of Indiana C.O.s while decoying on the Kentucky bank. Everything was in order and there were no problems, but I'm wondering if they had jurisdiction to make checks in Kentucky territory?

[n/a]

As a Law Enforcement Officer for KDFWR. I will try to answer your question. Last weekend we issued citations for shooting ducks while underway on the Ohio River. We actually witnessed the violation/s, caught it on video and had an Officer from a Sheriffs Dept in Ohio who also saw the violations , relay this information to us while we were checking his license, while hunting from the Ohio bank. We (Wildlife Officers) are also Federal U.S. Fish & Wildlife Deputies and have Federal jurisdiction on all migratory birds.

[FW OFFICER]

If a floating hunter takes his crippled waterfowl, without the aid of a motor, thats in accordance with state / federal law. If the hunter takes his waterfowl with the aid of a motor to chase it down, that is a violation of state and federal law. Our jobs are to enforce those laws. I've personally watched hunters float up to a cripple and take it. I've also personally watched hunters "float " up to them with a 150 hp Merc screaming also. I asked both groups the reason for their methods. The 1st group said they were out there to enjoy the day and get in a little hunting. Plus, using a motor is against the law!! The 2nd group said they didn't have all day and wanted to get some ducks. See the difference in the ethics? The 1st group was out enjoying the day, the hunt, their buddies. Thats what hunting is about. The 2nd groups mentality was" sc*#w the ethics, we want to get as much as we can, as fast as we can." The laws are set for a reason.

[Multidigits]

FW - I believe the law was not enacted on the account of cripled ducks, rather to keep unlawful slobs from running into resting waterfowl. It's sure a chore to "float" up to a wounded bird, that may only have a broken wing or so. I don't think all would be recoverable like that.

What would you do if you observe someone make several tries to get close enough to the criple, and finally give up, letting the criple go to an almost certain death???

[FW OFFICER]

Multidigits,
You right. Its a hard call. But, you also have to wonder how many " cripples" would be shot if it were legal to shoot cripples while under power. Alot of the violators would have "cripples" everywhere. Thats where we have to go with enforcing the laws as they stand. They are what we have to work with / and obey in order to enjoy the activities. We, as law enforcement officers, have to enforce the laws as they are written until there is a change from the law makers. Waterfowl hunting is federally regulated. We get the details from them. These guy's know alot more about the whats & why for's than I do. Sorry I can't give you a better answer than that.

[Multidigits]

OK, thanks for taking time to answer.

[Multidigits]

Here's a related example that happen recently:

My son and I just got cited by a Mason Co. Kentucky Game Warden for shooting cripple ducks. We float hunt the Ohio River in a wooden duck skiff. I have been doing this for 30 years with another hunter and just got my own boat. We had just floated down on about 10 mallards on the Kentucky bank above Dover Kentucky. We got up right on the ducks, perhaps 20 yards, I told my son to take them. My son dropped a hen right on the water. A drake dropped 40 yards out and started swimming toards the middle of the river. I took a shot at it, but it was to far. The 3rd Drake dropped in the middle of the river. I could not shoot in the first place because they flew out the front of the boat, and most of the time I just let him shoot. Be aware that these ducks were shot in a legal manner. I started the outboard and we ran towards the duck that was now 50 yards away. Before my son could shoot, it dived under water. We waited and waited and we never did see it come back up. We went ahead and ran to the duck in the middle of the river. Chris (my son) shoot it . Was my forward motion of the boat stopped when he shoot? I don't know. At that point I was more concerned about shooting this duck before it doved under. We picked up our duck and ran back to the bank to search the other duck, and pick up the Hen. We got the hen but could not find the other drake. We ran up and down the bank 4 times as well as out in the water, no duck. At that point we had 6 ducks, which was all we wanted. We headed for the ramp. At the ramp we were met by a Mason Co. game warden in a 20 foot boat with a 150 hp motor, who wrote us up for the duck I just described as well as another drake mallard that my son shot earlier that morning that we also had to chase down and shot. The fine was $220.00 for me and my son $440.00 total. The game warden said he had been watching us for a hour from his boat while following us. He was very confrontational when I explained that we were picking up cripples that we had shot in a legal manner. He said that he saw us run out in the river to shoot the ducks in the first place. He said he did not hear the 4 shoots that we made while we were floating. To him we were running ducks. So much for his spying abilities. I am done hunting this season. I want everyone to be aware that shooting cripples can get you in trouble. From my 30 year experence it is almost impossile to shoot criples without having some forward momentum still present when you shoot. Please give me your comments on this hunt. In the past I have not given much thought on shooting cripples, I was more concerned about getting the duck before they dive under, than shooting him in a legal mannor. I don't think this game warden understood that we were float hunting. He just thought we were running ducks. We I tried to explain what we were doing he got very confrontational. I have to go to court in Maysville KY. Jan.28 2002. I need a lawer who knows duck hunting. Please recommend one to me.

Here's the outcome:
cripples
I went to court yesterday in Maysville Kentucky for the citation I have posted before under cripples. If you remember my son and I were cited for shooting cripples on the Ohio River. These were ducks that we had shoot in a legal manner, but 2 were cripple that we had to run out in the middle of the Ohio River to recover .I went ahead and contacted a Lawyer. I do not know anything about Lawyers and contacted one on recommendations from another Duck Hunter. After my initial phone call, he would not return my calls. I even tried calling him at home. Quess what, he did not show up in court. The Judge really did not want to here my story, after all I was Quilty. He knew nothing about Duck Hunting, it did not matter I was Quilty. My son missed a who day of school, and I had to take a day of Vacation from work. We either had to plead quilty or go to court again. I did nothing wrong, and am Innocent, but I had to plead guilty to make It all go away. We sat in court from 10:00a.m. till 2:00p.m. with 1 -15 min. break. We saw people brought in in handcuffs, multiple DUI arrest, people arrested for drugs, people accused of stealing cars. If they had Lawyers, the Lawyer could talk about anything, the Judge did not cut off the Lawyer. When I tried to tell my story, I was told to sit down after 2 minutes. Also our fine was one of the highest that day. After all I am a Criminal. My fine and my son's total $405.80. My son said he will never go again, I feel the same way and I have been hunting for 30 years.

Taken from the Refuge Forum