The charges include unlawful devices and methods (using a motor vehicle to locate elk), shooting on or across highways (shooting at the elk after alighting from a vehicle while being within 25 yards of the traveled portion of the roadway) and unlawful taking of game.
On the first monday of rifle season this year,my son and I were driving to our spot after lunch and I spotted a slammer of a buck laying down over a bank,not 50 yards from the road.I could have driven up the road 100 yards,let my son out and he could have easily snuck up on it and shot it.I tested him and he scoffed at me.It would have been 100% illegal to let him do that and a real cheesy way to kill anything.i wasnt there but its also perfectly legal to be driving down a road, spot some game, get out and hunt as long as a person is a certain distance from the vehicle and not shooting from the vehicle or the road. the vehicle has to be parked, turned off, and the hunter has to be at least 25 yards off the road.
Some lion hunters out west once employed tactics that I believe are now outlawed. They would book a hunter for a cat hunt , who would often stay back at a hotel when the hunt started. The guides would set out with their hounds, driving until a good track was found in the snow, or until the rigged dog picked up scent, on top of the box in the back of the truck. Nothing wrong with rigging or using snow machines or a truck to start a track. The dogs would run the track, and if a good cat was treed, a call was made back to town and someone would haul up the hunter to kill the cat. The pack of hounds usually would hold the cat in the tree for a while, but not indefinitely.I don't know if they broke the law, don't know if they didn't. It will all come out in the wash.
But I will say if I ever got an elk tag, even if I hired a guide, and I doubt I would, I would want to be there through the whole thing. If the guides are out looking I want to be one pace behind them. If my health wouldn't let me keep up I'd be there by the truck watching and waiting. I would not want somebody to call me and say "we found your elk, come get it." and take a day to "relocate" it. That not the same as the hunter that was there every day and involved from the start. To me anyway.
Im an independent cuss and don't think I would enjoy being led. I have a friend that just always seems to know where elk would be found, or bear, or deer, or turkeys, and I would take his advice as to where to hunt and scout it best I could. If I ended up with my tag in my hand at least I had the hunt. The kill is the least of it all for me.
Not saying there is any wrong with somebody else finding your elk while your not even there, just saying its not a hunt I would want for myself.
If you locate any game as you're driving you can't shoot it,regardless of how far you are from the road.The 25 ft only applies if you pull into where you planned on hunting and see game.In that case,you have to get 25 ft off the road.If you're driving down the road and see a gobbler in the field.you can't even get out,hike into the woods and call it in and kill it.If they were driving around and saw that elk,they were road hunting and broke the law.I wasn't there and didn't see the video but if that's what the footage shows,they'll be prosecutedthere was another thread here not to long ago discussing "road hunting". i think it was determined that if an individual was driving down the road and saw a groundhog, deer, turkey, any game. they could pull over, park and turn off the vehicle and pursue the game. they have to be 25 yards from the road.
it was also determined that if i am sitting a vehicle eating lunch and a deer appears i can get out and shoot from the edge of the road, the 25 yard rule didnt apply as i wasnt driving. i can also sit on a guard rail and watch for deer and shoot from that spot as long as i am not shooting across the traveled portion of said road.
See Post 32 at above thread.
Not totally accurate. You could be cited under Title 34, § 2308, for using a vehicle to hunt for / locate game even if you are more than 25 yards from a public highway (§ 2504). See applicable code below.
§ 2308. Unlawful devices and methods.
(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person to hunt or aid, abet, assist or conspire to hunt any game or wildlife through the use of:
(7) A vehicle or conveyance of any kind or its attachment propelled by other than manpower. Nothing in this subsection shall pertain to any of the following:
(i) A motorboat or sailboat if the motor has been completely shut off or sail furled, and the progress thereof has ceased.
(ii) A motorized wheelchair if the person has been issued a permit to hunt under section 2923(a.1) (relating to disabled person permits).
Nope !So I'm driving up to the farm I hunt (the only one in that area that I have permission to hunt). I can see a good section of field before I get to where I'm allowed to park. So what some of you guys are saying is that I better hope and pray that there is NO game (that I'm hunting) in that field or I might as well go home??? Total --.
The big problem with this is the only one who knows my intention is ME! So I just tell the GW that I was gonna hunt there anyhow and he says, "Oh, ok".Nope !
If your intended destination for an extended period of time is that farm, then you are not road hunting.
If you are riding around looking for game to shoot, then you are road hunting.
Park your vehicle at your normal location at the farm, and enjoy your hunt !
Actually, before a citation is filed, there will be an investigation. If you have permission to hunt a specific farm, and hunt there frequently, that type of information should be conveyed to an investigating game warden. You may be surprised as to what game wardens know about their districts.The big problem with this is the only one who knows my intention is ME! So I just tell the GW that I was gonna hunt there anyhow and he says, "Oh, ok".
So I'm driving up to the farm I hunt (the only one in that area that I have permission to hunt). I can see a good section of field before I get to where I'm allowed to park. So what some of you guys are saying is that I better hope and pray that there is NO game (that I'm hunting) in that field or I might as well go home??? Total --.
If you pull up at your spot where you park and out there in the field is a couple birds strutting, and you pull your jacket on, get your face mask and hat and gloves pull your shot gun out of the truck, lock up the truck and go into the woods and find a good spot and start calling birds your no road hunter by any bodies definition.The big problem with this is the only one who knows my intention is ME! So I just tell the GW that I was gonna hunt there anyhow and he says, "Oh, ok".