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Hunting >> Hunting Discussions (General)  

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joker
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Busted
      #135203 - 09/14/04 06:10 PM

I have not posted in this section before. I hunted alot when I lived in AZ but not for a good twenty years. Not enough time...always fishing or making squid jigs.....anyway

A coworker told me this one. It happened about a week ago. This incident occurred in Seabeck around the boat ramp area. She was in her yard and a deer went running by with two arrows in it, bleeding. Come to find out, someone who was working in the area shot the deer. They also had their dog with them, chasing the deer. A neighbor said the man told him he shot the deer. Game and fish actually made it out there and wrote the SOB 3 tickets. One was for hunting with a dog. The warden tried to find the deer but could not. The blood trail was easily seen.

I was told it was a young male with a "small" rack. I wish the deer could shoot the SOB. Very happy to hear he got caught. Hopefully he will lose license rights for decades. But then again, it doesn't appear this person cares.

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BennyBlack
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Re: Busted new [Re: joker]
      #135252 - 09/14/04 10:02 PM

What were the other two tickets for? As far as I know archery season is open. What did he do wrong besides chase it down with a dog? Deer sometimes run a ways after they're hit. It's not his fault it ran through some lady's yard.

The only things I can think he was doing wrong is he didn't hit any vitals or if he did, he wasn't using enough poundage on his bow to go through the thing.

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joker
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Re: Busted new [Re: BennyBlack]
      #135409 - 09/15/04 05:15 PM

I do not know what the other two tickets were for. Perhaps hunting in a residential area? Don't really know, don't really care....bottom line he was breaking the law..he should be castrated

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Re: Busted new [Re: joker]
      #135531 - 09/16/04 12:27 PM

He should be castrated? Harsh. I hope you never get something like a speeding ticket with your beliefs. I would have a hard time doing that to myself.

BTW, dig your Jigs. They look awesome and I'm sure they work even better.

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joker
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Re: Busted new [Re: BennyBlack]
      #135594 - 09/16/04 05:39 PM

It's hard to compare a speeding ticket with illegal hunting/poaching. I see 800 numbers to call when poaching is in progress (and I've used them). I haven't seen numbers to call when someone is speeding. Wildlife can't shoot back. This individual endangered the life of many families by discharging his weapon in peoples back yard. The area he was in is all private except for the boat launch. I believe that is why 3 tickets were issued to him.

Regarding our jigs....they are the most productive squid jig you can buy! We guarantee it!

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Re: Busted new [Re: joker]
      #135838 - 09/18/04 09:37 AM

What is a squid jig, is it for catching squid. If so,why would you want to? How would you go about it? Just curious, don't wish castration upon me for asking.

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joker
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Re: Busted new [Re: Musicman]
      #135985 - 09/19/04 07:38 AM

squid jig=squid..you do it for what ever reason you would like. For food and bait are my reasons. There are many ways. search the web for squid jigs or squid fishing.

Squid Master
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Re: Busted new [Re: joker]
      #136079 - 09/19/04 07:41 PM

Calamari with aoli sauce is awesome. Calamari is deep fried squid.

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Re: Busted new [Re: Dogfish]
      #136099 - 09/19/04 09:01 PM

Actually archery hunting is allowed in most rural and even suburban areas of this state if the season is open. Just as in a firearm season the hunter is required to use caution in using a weapon. Back east in states such as New Jersey I believe...the White Tail populations have grown so much that the residents of suburbia support allowing archery hunts. The boat ramp sounds like the Misery Point ramp. I suspect that the guy might have received a ticket for packing a firearm while bow hunting....thats a no-no. Some bow hunters pack a pistol. If he had it in his vehicle when stooped by the gamie and it was loaded he may also have gotten a ticket for loaded firearm in vehicle while hunting.

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Re: Busted new [Re: Gooose]
      #136315 - 09/20/04 10:27 PM

I understand you may be able to hunt in a rural area but it is all private land where this happened. At least from what I was told. Perhaps he was "hunting" on private land. Do they allow that in WA. In AZ, you would get shot by the land owner.

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Re: Busted new [Re: joker]
      #136374 - 09/21/04 07:22 AM

You may trespaaa on open and unclaimed land...which means that if it isn't posted you can go onto that land. If it's obviously on someones cleared, built upon, fenced, and landscaped land then no. If it's the local brush patch/ woods then yes you can.

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Re: Busted new [Re: Gooose]
      #136823 - 09/22/04 10:35 PM

OK talked to my coworker. It is their understanding that one ticket was for the dog, one for private land, and one for residential area. That is what I was told. Regardless...if you are not positive about your activities you should not be doing it

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Re: Busted new [Re: Gooose]
      #139515 - 10/08/04 02:11 PM

Quote:

Gooose said:
You may trespaaa on open and unclaimed land...which means that if it isn't posted you can go onto that land. If it's obviously on someones cleared, built upon, fenced, and landscaped land then no. If it's the local brush patch/ woods then yes you can.



It does not have to be "posted".. It is your responsability as a hunter to know if you are on private or public land,, and also you are to have permision to be on that private land or you are trespasing.. Read your game regs..


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Re: Busted new [Re: steeliesteve]
      #139583 - 10/08/04 06:02 PM

Please read the Revised Code of Washington. Then go talk to your local sheriff about trespass laws in this state. You'll receive a very interesting education regarding trespass. Some specific points to reference in your looking thru the actual laws is the terminology "'open and unclaimed land." If it isn't obviously marked then you may enter that piece of land as the law regards it as open and unclaimed land. If it is private property the property owner or legal representative may inform you that you are trespassing upon which you must leave if requested to do so by the aforementioned person(s). You will find no reference in actual staute that requires you to research ownership of apparently open and unclaimed land prior to entry. Sorry but thats the way it works. If you want I can arrange a coffee and donuts meeting sometime with a WDFW Sargent with 25 years in the field who can explain all this to you?

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Re: Busted new [Re: Gooose]
      #139587 - 10/08/04 07:09 PM

Hmmm,, i could say the same... My local game warden and I had a nice long talk about this just yeaterday,, She told me not to worry about posting.. Just give her a call.. Home # to boot. And what is this "unclaimed" land stuff. I aint never seen any of that..

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Re: Busted new [Re: steeliesteve]
      #139588 - 10/08/04 07:17 PM

I would also like to add,, with that kind of attitude about just hunting any land you want weather private or public is exactly why land owners ARE posting, AND calling in the law..

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Re: Busted new [Re: steeliesteve]
      #139602 - 10/08/04 08:28 PM

Here is what you need to read:

RCW 9A.52.070
Criminal trespass in the first degree.
(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.

(2) Criminal trespass in the first degree is a gross misdemeanor.

RCW 9A.52.080
Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

(2) Criminal trespass in the second degree is a misdemeanor

RCW 9A.52.090
Criminal trespass -- Defenses.
In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:

(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or

(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain; or

(4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

"Open and unclaimed lands" are those that are not obviously marked by signs, fenced or gated in such a way that a person would not have some reasonable doubt as to its ownership. This is a typical occurrence where undeveloped private lands border on, or are located within, public lands. Entry upon those lands are not an offence. Once you have been notified by a land owner or legal representative when on those lands( i.e. you now have knowledge of being on someones private property) then you may not remain "knowlingly" upon those lands unless granted permission. I have know idea where you hunt or fish or gather or hike but where I do many of these activities there are no clear identification of property lines. There is no requirement in law anywhere that you must go to the county courthouse and research property ownership and btw I have many times as a citizen and as part of my job and unless you have a legal survey done beforehand there's no way for any average citizen to know where a property line in the middle of a square mile of forest or prairie is.

There are also some trespass laws under RCW 79 Public Lands but they only consider a crime to be committed where damage can be shown such as cutting down trees or tearing the roads up.

Obviously your local gamie must be a bit inexperienced.

Sorry but I'll follow the law of the land as written. If confronted by a landowner where I have unknowingly trespassed I will politely apologize and leave if requested to do so. In some cases, and yes this happens more than you may think, where I believe the person does not own the property I will then research ownership. It's a Gross Misdemeanor to unlawfully( i.e. without permission) post someone else's property. Doing so on public lands and trying to chase someone off lawfully hunting or fishing is also a Misdemeanor(i.e. Interference with a lawful fishery or hunt).

Do you wish to hear some more facts on how it works? Some State attorney general opinions on the subject? There all available off the internet.

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Re: Busted new [Re: Gooose]
      #139613 - 10/08/04 08:57 PM

Here's one for ya! I'm driving through the federal forest which has a few private inholdings scattered throughout it. Alls there is is forest for miles and nothing else....no fences...no signs....no houses....no gates. Just forest. I see a patch of chantrelles back in the woods.....I go and harvest them. Am I trespassing? Should I have copies of everyone's deeds and registered survey maps? Should I drive for several 5 miles to the first house and ask permission? Or would it be the house I passed 5 miles back down the road? Please answer with simple yes or no responses.

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Re: Busted new [Re: Gooose]
      #139621 - 10/08/04 09:43 PM

An actual incident from this summer. On a minus 4 foot tide 17 licensed legal guys showed up at a beach to recreationally dig geoducks. A new upland lot owner saw them and went down and confronted them claiming he owned the beach all the way to extreme low. All 17 told him to pound sand upon which he went and got his gun. Good thing he called the sheriff department. 5 sheriffs deputies and the wdfw sargent show up where he has the socalled trespassers cornered. He found out several things very quickly.....one he was lucky he didn't get hauled away for 17 counts of unlawful detainer, 17 counts of interference with a lawful fishery, 1 count of unlawful display of a deadly weapon, 17 counts of assault with a deadly weapon (you point a gun unlawfully at someone it's a felony) . BTW he found out at the county courthouse that day that he didn't own past the grassline at the top of the beach. The tidelands belonged to a commercial shellfish company that has always let people harvest geoducks below their oyster operation....never a problem in 20 years. That's the part in those laws about assuming you have permission. The 17 desperados limited on geoduck and have a great story to tell everyone.

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Re: Busted new [Re: Gooose]
      #139629 - 10/08/04 10:38 PM

Ahhhhh and the upland lot owners in Case inlet who posted Private Beach No Trespassing signs at the edge of their property above the beach. No problem(i.e. freedom of speech) until they went onto the public beach and tried to chase people off claiming it was private property....btw it's been a public beach since before this was a state. Unlawful posting and interference with a lawful fishery. They didn't like it much when the local officers told them if they do it again and the officers get a call from dispatch....they'll gladly come a running to write them some tickets. Happened just this last summer. I got more if you'd like to hear them?

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Re: Busted new [Re: Gooose]
      #139681 - 10/09/04 10:34 AM

Quote:

I got more if you'd like to hear them?





Yes, if for no other reason than it's entertaining!

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Re: Busted new [Re: AuntyM]
      #139695 - 10/09/04 01:24 PM

Hmmmm the duck hunting club watchman down in the south bay of Grays Harbor. As I cruised down one of the tidal sloughs in my kayak at high tide their obviously new watchman comes flying up alongside me in his skiff with a rifle barrel prominently displayed over the gunwale. Guess he was hunting deer out in the middle of the bay? As I listened to him threaten me with life in prison for trespassing I made sure to prominently display my shotgun barrel over the side of my kayak.....not pointed exactly in his direction but it certainly matched his message well. He became extremely quiet then and I asked him to go call the sheriff so I could turn him in for threatening me when I was obviously floating on navigable waters. He left in a hurry....nevr did hear from the sheriff and he certainly never ever bothered me again over the next 5-6 years he worked in that bay. Probably didn't help him much as my family knew most of the long time members of that club.....we all found it very amusing when visiting after a long days hunt.

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Re: Busted new [Re: Gooose]
      #139700 - 10/09/04 01:43 PM

Another idiot with a gun. While hunting ducks from the shore of Hood Canal one day....on property I have had permission to be on for 15 years.....I heard a voice behind me say "Hey you....you're on private property!" Turned around and this guy was standing about 30 yards away in the saltmarsh with a Ruger Mini-14 slung over his shoulder. My reply was "Yes I am on private property....and it sure as he)) don't belong to you." Told him maybe he should go knock on the owners door and inquire about that...and btw take his rifle with him. The idiot apparently rented the house next to the land owners. He tucked tail quickly.

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Re: Busted new [Re: Gooose]
      #139711 - 10/09/04 05:30 PM

Here's one that is an example of "Open and unclaimed land." Many years ago while hunting crows my partner I hiked into a swampy area off the county road next to the Chehalis River. No fences, no houses, no driveways and no signs.....just pure spruce swampland we had been hunting and trapping in for years. Nearest civilization other than the road was a half mile away.....this being an auto-wrecking yard. Spent a couple of hours blasting crows and hiked out to our truck. There waiting was a deputy sheriff and the wrecking yard owner who wanted the deputy to ticket us for trespass. My first and only question to the deputy was if he knew who's property we were trespassing on? He looked at the complainer and asked him if it was his property? Answer was a "No." He then asked me if I knew who's property it was to which I replied "Nope, looks like one big old swamp to me officer." Deputy shrugged, glared at the guy and left.

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Re: Busted new [Re: Gooose]
      #139728 - 10/09/04 07:30 PM

These stories are all fine and dandy,, But if you are trespassing on someones ligit land.. you will be ticketed.. For instance.. If I call the sheriff and report someone on my land, you don't have permission, he will ticket you.. All the things you have posted are of land owners that didn't know where their land was, or it wasn't their land etc etc etc .. Flat out, It states in your game laws,, the land owner is not responsible for posting his land.. you as a hunter are responsible to know where you are hunting. If you trespass you are breaking the law! Not to mention your morals are in the toilet.. you want to hunt on private land go buy some.... This is why so many land owners don't want hunters on their land, so many people have no respect for others and what is THEIRS.. What if I was to just walk into your backyard and fire up your BBQ.. Uh Oh trouble huh.. Its no diff.. I'm a hunter, I own some property, I don't let anyone else hunt it because thats what I choose to do, Thats my right.. If someone goes on my property without permission they meet johnny law.. Tell us some ligit stories of how you were on someones property, The REAL property owner showed up with the law,, and they didn't do anything to you.. I doubt you can

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Re: Busted new [Re: steeliesteve]
      #139737 - 10/09/04 08:12 PM

Well it seems you didn't read the laws I posted. Please try to. That paragraph in the game reg's actually is not a regulation. It's essentially a liabilty disclaimer that WDFW publishes. You need to go to the actual laws as I pointed out to you. Someones backyard barbecue is obvious evidence that the land is claimed.....as I have stated. So yes that would be trespass for which someone could be ticketed. Please come up wih an example such as I posted earlier asking you to answer some simple questions. Strange you couldn't answer them. You can call Johnny Law all you want but if there is no clear evidence of private ownership you'll never see it prosecuted. I'd be careful about questioning my morals else I'd have to question your intelligence. BTW I have control of about 160 acres of private land for hunting and river access.....I clearly post it so if need be any trespass case can be successfully prosecuted. I haven't yet run into such a situation and if I unknowingly do wander onto someones property and am confronted by the landowner I will simply leave as requested. If the law is there I will simply point out the law to them and then simply leave unticketed. Sorry you can't deal with reality.

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