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Question is......I am witnessing a bear trying to get in my pen after my livestock. Am I legally able to protect them from this bear my distroying it. The bear has been around 3 times and has once opened up a section of fencing and alowing one to get out. You could see where, on the outside of the fenced in area, the bear had him , from the hair, but he got away and we retrieved the animal a couple days latter. The PGC has been notified and came out and verified that in fact it was a bear. Now that you know this info, Can I kill him if I SEE him trying to get in the fence?
 

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ICAREDOYOU said:
The PGC has been notified and came out and verified that in fact it was a bear.
What did the officer who was out to look at the damage tell you? Did you ask them what to do if the bear came back?
 

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WCO RWJ posted this in another thread today:

Sec. 2121. Killing game or wildlife to protect property.

(a) General rule. - Subject to any limitations in this subchapter, nothing in this title shall be construed to prohibit any person from killing any game or wildlife:

(1) which the person may witness actually engaged in the material destruction of cultivated crops, fruit trees, vegetables, livestock, poultry or beehives;

(2) anywhere on the property under the person's control, including detached lands being cultivated for the same or similar purposes, immediately following such destruction; or

(3) where the presence of the game or wildlife on any cultivated lands or fruit orchards is just cause for reasonable apprehension of additional imminent destruction. Lands divided by a public highway shall not be construed as detached lands. Any person who wounds any game or wildlife shall immediately make a reasonable effort to find and kill the game or wildlife. Every person shall comply with all other regulations in this subchapter pertaining to the method and manner of killing, reporting the killing and the disposition of game or wildlife and their skins and carcasses.

(b) Protected game or wildlife. - Before any game or wildlife, which may be designated by regulation of the commission, or any bird or animal classified as threatened or endangered may be killed, every reasonable effort shall be made to live trap and transfer such game or wildlife. The trapping and transfer shall be done in cooperation with a representative of the commission.

(c) Definition. - As used in this subchapter the word "person" shall be limited to any person cultivating, as a primary means of gaining a livelihood, any lands for general or specialized crop purposes, truck farming or fruit orchard or nursery being regularly maintained, as either the owner, lessee or a member of the family of the owner or lessee assisting with the cultivation of the land or other person as authorized by commission permit.

Cross References. Section 2121 is referred to in sections 2124, 2503 of this title.

Sec. 2122. Report to commission officer.

Any person who kills any game or wildlife, other than raccoons, under the provisions of this subchapter shall, within 24 hours, report, orally or in writing, the killing to an officer of the commission. The report shall set forth the date, time and place of the killing, the number of species killed and the sex of the species.

Sec. 2123. Safekeeping edible carcass pending disposition.

Unless otherwise directed by an officer of the commission, the entire carcass intact, less entrails, of each edible bird or animal killed under the provisions of this subchapter shall be held in a place of safekeeping pending final disposition pursuant to this chapter.

Sec. 2124. Retention of edible carcass for food.

(a) General rule. - Except as otherwise provided in subsection (b), the carcass of one deer, bear or elk killed under the provisions of section 2121 (relating to killing game or wildlife to protect property) may be retained for food. All portions of the carcass generally considered edible shall be consumed only within the household of a person having authority to kill and possess the game or wildlife. No additional animals may be retained for food until the entire carcass of the animal previously retained has been entirely consumed. The head and hide of each deer, bear or elk killed and retained for food shall be properly salted, placed in safekeeping and turned over to a commission officer.

(b) Exceptions. - No carcass, or any part or parts thereof, of any deer, bear or elk shall be retained for food, by any person, if the animal was killed upon:

(1) Land located within a game or wildlife deterrent fence provided by the commission.

(2) Land, or any part thereof, on which access for hunting purposes is denied at any time.

Sec. 2125. Surrender of carcass to commission officer.

Except as otherwise provided in this subchapter, the entire carcass, including the head and hide, of all big game animals and the entire carcass of any other game or wildlife, other than raccoons, shall be made available, unless otherwise directed by an officer of the commission, intact, less entrails, to any commission officer calling for them.

Sec. 2126. Unlawful activities.

(a) General rule. - It is unlawful for any person while acting under the provisions of this subchapter to:

(1) Place any salt, bait or food of any kind or quantity or use any artificial means for the purpose of attracting or luring any game or wildlife upon any lands.

(2) Use any method not approved by the commission except that traps may be used to take furbearers and groundhogs.

(3) Use any firearm except a center fire propelling a single all-lead, lead alloy or expanding bullet or ball to kill or attempt to kill any big game animal.

(4) Fail or neglect to report the killing of any game or wildlife other than raccoons.

(5) Fail or neglect to care for the carcass, or any part thereof, of any game or wildlife other than raccoons.

(6) Refuse to answer, without evasion, upon request of any representative of the commission, any pertinent question pertaining to the killing or wounding of any game or wildlife killed or wounded, or the disposition of the entire carcass or any part thereof.

(7) Fail to produce satisfactory evidence that material damage was done within the preceding 15 days and that there was just cause for reasonable apprehension of additional imminent destruction.

(8) Fail to relinquish to any officer the entire carcass, less the entrails, of any game or wildlife, other than raccoons, killed to which the person killing the game or wildlife is not legally entitled thereto.

(9) Fail to comply with any other provision of this subchapter.

(b) Penalties. -

(1) A violation of this subchapter pertaining to big game animals is a summary offense of the fourth degree.

(2) A violation of this subchapter pertaining to any other game or wildlife, other than raccoons, is a summary offense of the seventh degree.

(3) Each bird or animal involved in a violation constitutes a separate offense.


"Wildlife." Wild birds, wild mammals and facsimiles thereof, regardless of classification, whether protected or unprotected, including any part, product, egg or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.
 

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I can't believe you are shopping for answers on a web forum.
Your delema is between you and the Game Commission. I would be willing to bet that your WCO is willing to set a trap for you. If you kill the bear you had better be able to justify the circumstances, or be willing to accept the consequences of your actions.
 

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wasser said:
I can't believe you are shopping for answers on a web forum.
Your delema is between you and the Game Commission. I would be willing to bet that your WCO is willing to set a trap for you. If you kill the bear you had better be able to justify the circumstances, or be willing to accept the consequences of your actions.
i was thinking the same thing..why are you wasting time on here? you could have had this resolved weeks ago if you would have just called the PGC
 

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If you guys read his post then you would see that the PGC was notified and if they took no action (ie. setting a trap) then he can take matters into his own hands. I had an issue with a bear a few years ago. When thwy realized I was about to drop the bear while on the phone with them I had a trap with in hours. The funny thing is that a none existing bear was traped with in 48 hours and I was no longer crazy!
 

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ICAREDOYOU said:
Question is......I am witnessing a bear trying to get in my pen after my livestock. Am I legally able to protect them from this bear my distroying it. The bear has been around 3 times and has once opened up a section of fencing and alowing one to get out. You could see where, on the outside of the fenced in area, the bear had him , from the hair, but he got away and we retrieved the animal a couple days latter. The PGC has been notified and came out and verified that in fact it was a bear. Now that you know this info, Can I kill him if I SEE him trying to get in the fence?
If you had the PGC there...why are you asking this on a forum board.....did you ask this question to them?
What was the officers answer if you did?
Did you contact anyone else or are you just looking for permission to shoot the bear from the HPA forum group?
 

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wasser said:
I can't believe you are shopping for answers on a web forum.
Your delema is between you and the Game Commission. I would be willing to bet that your WCO is willing to set a trap for you. If you kill the bear you had better be able to justify the circumstances, or be willing to accept the consequences of your actions.
This was the same reason I made my earlier post... I guess I just didn't have my heart in my latest post

I'm glad to see so many others took the ball and ran with it.
 

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Call the regional office serving your area. Ask to speak to the LE supervisor. State your case and ask specifically for the bear to be trapped out.

We are fast approaching the time period they will not want to trap the bear due to the drugs used in the process. So, do not hesitate to contact them.
 

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Well you went to all this trouble to post this on here and said the PGC was out and verified? Why didnt you ask them when they where there what you can and cant do?
 
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