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What should legally be done if.....


Browning83

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Say you were hunting turkeys and a few toms came into your decoys. You think you see all the birds but when you shoot you find out you shot two legal toms. Now what would the legal thing that should be done. I just bring this up because I was watching a show about crippled birds on a hunting show.

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Im sure as you know there are many wrong ways to go about this situation. But, Its like shooting two deer in one shot, killing two many ducks in one shot.

Over the limit , is well, over the limit . If there is an exemption law like that too many people would use that excuse.

I guess a possibility could be turning yourself in or reporting that you have done such, but who wants to take the gamble of being forgivin or being written a ticket. These I'm not encouraging any wrong doing, but Its something that could happen to anyone who takes to the woods or waters.

I know I wouldnt want to have to make that decision. Know your target before you shoot and your surroundings.

Good luck and shoot straight. wink.gif

WAG

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I am not sure on turkeys, but my grandpa had a pass through shot that killed two bucks a few years and since you can party hunt deer, we just put somebody else's tag on it. That might be an option.

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Call the CO, tell them the story of how it was accidental and if he gives you a ticket, pay your fine for shooting too many birds and not being properly aware of the backdrop behind your target.

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I had an "incident" last year while hunting ducks on opener.

I only needed 1 bird to fill my limit,well these 2 drake teal come buzzin by the dekes and made their swing for the landing.I shot the lead drake and dropped him dead,but I noticed both birds fall.No movement,I thought to myself ooooohhhhh shoot(or something like that).So I called the local CO(always keep a list with their phone #'s with me).I told her about the "incident" before I even picked up either one of the birds.She said it would be fine to keep them both and if I get into any trouble,to have that person call her.

So I thought o.k. I'm not in trouble whew.So I went and picked up the first bird(the one I was shooting at),put him in the boat.Started to head over to the other bird and got about 4' away and the son of a gun gets up and flys away.Like he was never even hit.The only thing I could figure was he just kept following the leader and knocked himself out.

Moral of the long story is...

I think if you own upto what happened,you are going to be better off.I think if an HONEST mistake was made,odds are there will not be a consequence,or a minor one if there is.

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I agree w/ Lawdog - However be aware this has happened in the past and of the cases I know about the individuals who called the CO and were honest about what happened were not given a ticket but their names and address were taken for future reference.

The key is to rmember what you were taught or learned in Gun Safety Training and only shoot when you know your background.

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I've been involved in a few such situations with turkeys; none that I've shot myself, but a few times with friends/family. Each time, the hunter said he was aware of his target and did have a shot, but plain missed one way or the other, killing more than one bird. Having missed badly before, I know it can happen. Not caring about taking out more than one bird is a seperate issue, which does happen more frequently than people like to believe.

Every time but once, the CO has not written a ticket and told us to either tag it with another tag if available, or take the bird and make use of the meat. The other time, we had to leave a message and the CO never returned our call.

My opinion is that it's probably best to own up to it, rather than face the possibility of larger fines/penalties related to the poaching of a gamebird. The law is the law. I think I would admit to it even if I knew I'd get ticketed. Maybe consider it a contribution towards better marksmanship and decision-making on my part! grin.gif

Joel

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One more perspective. Leave the other bird. You know you did wrong and it was an accident. A ticket is not going to make it any clearer. Try not to let it happen again.

No sense making matters worse. Maybe I'm in the minority here but "turning yourself in" for a bird? That seems beyond ridiculous. That's like calling a CO when you mortally hook an undersize fish.

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A truly ethical and logical person does not ask someone else to punish them. Your hunting for crying out loud. Your killing game. The fact that you accidently kill 1 too many by accident is unfortunate but not that big of a deal. I'm talking small game here not big game. I've been hunting for many years and have never met someone or hunted with anyone that would turn themselves in for such a thing. I can't even readily recall an event like this which makes it extremely rare. If some of you want to call the law on yourselves, get a ticket/record and pay a hefty fine then go for it. wink.gif

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A truly ethical person wont leave an accidental kill.

Quote:

A ticket is not going to make it any clearer.


No, but hopefully you learn from the experience.

So, according to the last post wantanly wasting small game is less serious than big game. I think not. Wasting deer meat to me is the same as wasting a woodcock breast.

I will agree with Lawdog on this one 100 %. I wont begin to bash anyone here, but I dont agree with the advise given.

I make mistakes, I have made mistakes, And will more likely make more in my pursuit of wild game, not intentionally, but when I do, I will do what I feel is morally right, and wasting an accidental kill to me is not ok.

WAG

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I think there are 2 sides to this arguement. I don't know that there is 1 legal/ethical answer to this question. Someone mentioned wanton waste and the ethical aspect of letting game stay in the field. I don't necessarily think this is unethical. Compare it to fishing. If you were on Mille Lacs and you catch a beautiful 26 inch fish and deep hook it and can't revive it, or let it go and later see it belly up, do you go over and put it in your livewell?? I sure wouldn't. If you call that unethical, then I guess I'm unethical and I'd guess a whole lot of other people here are too.

It's too bad that hunting isn't a catch and release sport like fishing. It would sure solve a lot of this dilemma. The best we can all do is to be as safe as possible and as sure of our target as possible.

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There are lots of sides to one story, depending on your perspective. However, if I ever see anyone intentionally leave game in the field because they screwed up, I will be placing a call to the TIP line and may even follow you home to assist the police or CO's in catching you by pointing out where you live. If you want to solve the problem of shooting too many by accident, change your own personal limit to one less than the actual limit. That way if you screw up, you have only violated your own limit, not the law. Just my 2 cents!

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The thing that some are missing here is that there was a mistake made. Thus the issue should not be compounded by wantonly wasting game. I believe the ethical thing to do is to contact a CO, that is what they would tell you. You MIGHT not get a ticket if you go this way, if you try and hide it and are found out, you for SURE will get a ticket and rightfully so. Justifying the action because it is "small game" is ducking the issue. Pretty soon, you will be able to justify just about any action....a very slippery road. My .02

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This is a touchy subject that I've avoided. However, personal experience on my part says calling the local CO is absolutely the right thing to do.

Yup, I screwed up, and I'm man enough to admit it. I shot into a flock of ducks that were coming into the decoys instead of targeting one single bird. Fellas, it started raining teal, literally. There were cripples swimming around. What should I do, leave them there to suffer for a while before they die, then just leave them there to rot??? Don't think so. So, I finished off the cripples and gathered everything up. I already had a couple ducks from a previous flock. Needles to say, I was over limit, and scared cuz I don't wanna ticket.

I have the CO's cell phone # so I called him and asked what I should do. His answer was to look on the other side of the slough by the dirt road. Guys, he waved at me. I thought,"Oh cripes, I'm in for it now."

I got all my stuff together, loaded up the gabillion ducks, and started walking out of the slough and met the CO on the road. We chatted for a couple of minutes and he told me that if I wouldn't have called, the mother of all tickets would be mine. Since I actually called him to see what to do no ticket, no fine, no hard feelings. Ducks on the grill that night.

Would all CO's do the same??? I doubt it. If nothing else our local CO knows that I'm at least an honest guy and didn't try and weasel my way out of anything, or leave cripples, or killed game to rot. That counts for something in my book. I've always thought that a person that has nothing to hide has nothing to worry about come inspection time.

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Interesting predicimate one could find themselves in. I would have to say typically the right thing to do would be ask the proper authorities. However, over the past couple of years I have met up with officers of the law (non-hunting/fishing) and been honest with them as to what I was doing or how I saw the situation. Instead of letting me go and giving me a warning...in both instances I got tickets. Now I agree avoiding the situation is not the right thing to do and could very well result in a much larger problem for you....but (at least if you have luck like me) if you 'fess up to the wrongdoing you will get a ticket anyway. The only saving grace would be you won't lose any hunting or fishing rights. Hopefully I never find myself in a real pickle...good luck to everyone this hunting season!

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Guys.....thanks for the cordial posts on a touchy subject.

First off, I don't think turkeys are technically considered a small game species, just because they're birds. In many states, they're considered big-game. Though i understand the argument that a turkey ain't a deer (large, charismatic megafauna).....it ain't a squirrel either. They're quite a bit more rare than deer, especially if you're considering just the male part of the species.

There are definitely two sides, but it is my position that if you screw up, seek out the CO and admit your mistake, you've done the right thing. You can make use of the bird, and are not subject to future tickets (if someone sees you drop it and leave it).

As for rare, I've hunted turkeys for 10 years, and have been with on 3 occasions when it's happened (see previous post). I go on quite a few hunts each spring, and maybe three times is rare, but as i posted.....each time the hunter was verbally reprimanded, then thanked for talking to the CO.

Just to be clear Suzuki, I'm not saying such a position would be promoting wanton waste, anymore than telling a CO would promote taking an additional bird for the freezer. I just think you should try your best to not do it, and if you mess up, more than likely you won't get a ticket. If you do get a ticket, it would not be anyone's fault but your own for pulling the trigger, and it would be a great lesson.

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Sorry to get such a touchy subject and all but I was just curious and I know how easy a mistake can happen in the heat of the hunt. I agree with jnelson and others in that you should call a CO and admit what you have done wrong. I am sure the consequences for admitting the wrongful act is a lot less than that of trying to hide it or taking both the birds. Well thanks for the input and looking forward to another great season of hunting.

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Definately report the incident and if you are given a citation take it to court. It would be most likely be a misdemeanor. Tell your side you would be surprised how many County attorneys and judges are understanding of this type of incident. Most COs have the common sense this type of thing happens they do however track them so as to ensure this is not repeat behavior problem.

big drift

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If you shoot a pheasant and you walk up to it and see that it's a hen - don't pick it up (as told to me by a ND Game & Fish agent last year at Scheels in Fargo). If a CO sees you pick it up, you will be fined.

Of course, the best thing to do is not take a questionable shot. I haven't had your situation happen to me but it has happened to members in our party - generally happened in the morning with the sun in the eyes (it's leagl to shoot in ND in the morning).

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coyote/coon food, it isn't technically wasted. If it was an accident and there is a possiblity of getting a ticket for turning yourself in for an accident NOWAY....dog food. This is a "what if" situation and being that it is a what if, i can assume no one was around and saw what happened.

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I'd be asamed of myself for shooting 2 turkeys in 1 shot!!! You are dangerous for not knowing your surroundings and backstop. First it's a turkey, then it's a person. You usually shot them in a still manner. I can see it happenning on ducks, geese, flying birds etc. but a turkeys on the ground! Just wait another sec to pull the trigger.You may find paying attention, that the other bird is bigger.

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