Legal Distance from Bait

Discussion in 'Fish & Wildlife Questions' started by BigPete, Dec 9, 2018.

  1. Iceman35

    Iceman35 12 pointer

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    Again, hunt the bear on your property where there is no bait. Tell the CO that shows up that you are not baiting, and question him on every aspect of the regulation, just as you did in your emails. Then ask for citations on how he is forming his opinion, because that's all it is. Then show up and win your court date.
     
  2. EdLongshanks

    EdLongshanks 12 pointer

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    Unless the judge is a tree hugging fool, I find it extremely hard to believe that this regulation could pass a legal challenge. Laws, by nature, are not meant to be vague. It’s good he has that statement in writing.
     
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  3. Iceman35

    Iceman35 12 pointer

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    I agree. I also cannot fathom why a judge would uphold "knowledge of neighbors baiting", as being a legal way to charge someone under the law. And as said before, "unintentional baiting" isn't given a definition anywhere that I can find, so how can one be charged with it?

    I'm actually surprised the biologist stated it's intended to be vague, that, in and of itself should be cause for the regulations removal.
     
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  4. EdLongshanks

    EdLongshanks 12 pointer

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    I’m thinking the commissioners and legal beagles would frown upon that admission, which is also why I feel it is beneficial for Pete to have that in an email
     
  5. BigPete

    BigPete 10 pointer

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    My point is, why should I be forced to go to court over a “vague” law?

    I would like to see it changed to prevent honest hunters being forced into a courtroom to plead their case.
     
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  6. Dark Cloud

    Dark Cloud 12 pointer

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  7. Iceman35

    Iceman35 12 pointer

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    How bad do you want to hunt bears? I don't really see what other choice you have at this point if you want to hunt them this season. I'd say court is the quicker option than getting the law changed. I'll likely never hunt bears in KY, so I don't really care if you do or not. But if it were me personally, this regulation would not stop me from hunting them, and I would go to court to defend myself.

    Also, no where does it say you are required to keep the entrails, just proof of sex.

    Hunters who harvest a bear during any bear hunting season must telecheck it by 8 p.m. Eastern time, and also call 1-800-858-1549 within 24 hours of harvest to arrange for a physical check of the animal and receive a tag issued by Kentucky Fish and Wildlife. Bears physically checked during any hunting season must include a carcass or an intact hide that contains the skull and proof of sex.
     
  8. BigPete

    BigPete 10 pointer

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    Not bad enough to be in violation of the current laws.....

    I just hate to see people, not understanding this “vague” law being harassed by KDFW for harvesting a bear with leftover pizza in its belly.
     
  9. Mt Pokt

    Mt Pokt 6 pointer

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    If it were me, I would reach out to the Game Warden in the area for his opinion. He/she's likely the person making the determination after all, right? You might be surprised with the response.
     
  10. EdLongshanks

    EdLongshanks 12 pointer

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    Would they be willing to put their “opinion” in writing?
     
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  11. Mt Pokt

    Mt Pokt 6 pointer

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    That's a good point. I wonder if you called the Department you could get an email address for that particular officer. That would make it easier to ask the question properly too.
    These guys are conversationalists, we're should have free access to them for this sort of thing. Perhaps I'm being too naive though in thinking they would want to help properly harvest these critters.
     
  12. Pops1960

    Pops1960 6 pointer

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    I talked to a game warden at the KY Outdoor Show, in Louisville, back in January or February, and asked him this specific question. He laughed and called BS on it. His response was the same as several other on this site, you can't be responsible for where a bear has been or what he has eaten. He did say that if you shot the bear in the middle of a corn pile, there might be a different discussion.
     
  13. aaronc

    aaronc 10 pointer

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    ,.....but would he put this in writing as well ??

    Reading through this thread makes ya wanna send $$ to Frankfort don't it :(.
     
  14. BigPete

    BigPete 10 pointer

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    I bet this CO you talked to wasn’t covering a bear infested county either.

    While this CO “may” call BS, other CO’s and Bear Biologists don’t have the same thought process as he does. You “can” under current regulations be written a citation for hunting a baited area on almost any harvested bear.
     
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