Game Laws Gone Bad – This Could Happen To You!

Love him, or not, old news or not, can the prosecution and subsequent guilty plea of Ted Nugent for illegally taking a bear in Alaska in 2009 be considered fair, or just? Looking back, has anything changed, for the better, or worse, as a result of that fact?

Watch this video, in Ted Nugent’s own words, and you be the judge.

I, for one, say absolutely, not…I would also add that it’s not only about Ted. It’s about you, and us, and outdoorsmen everywhere. In the end, it is an underhanded backdoor attack on personal liberty and the fulfillment of our hunting heritage by an unelected and vindictive administrative state.

Shame on them!

How would you feel if this had happened to you on your long dreamed of, and expensive, hunting trip? Are you prepared to punch your tag and go home, should your arrow cut the hair of a bear – a hit that obviously has done no mortal or permanent damage? *Would you think it equitable to lose your hunting privileges in the United States and Canada for a number of years because you continued to hunt out your trip.

It’s certainly getting to the point where one must consider long and hard before ever loosing a shaft, or sending a well aimed bullet downrange. Obviously, that has always been the case if you are a thoughtful and ethical hunter. Yet, the consequences of a poor hit on a game animal are more serious than ever.

Could a law as illogical and dangerous as this come to my state of Colorado, for example, or the state in which you live?

Perhaps it already has. If you doubt that, you might want to take a long look at the regulations associated with the legal constructs of “Failure To Pursue”, “Dead-head and Shed Hunting Laws”, “Illegal Possession of a Big Game Animal”, and “Donation of Game Meat”, to name just a few. I can assure you that it will be an eye opening experience.

You might also ask yourself when the agencies of power, and the people within them, initially wrote, or rewrote, the laws in question. Do they really work in the field, in the real world…our hunter’s world? I am a biologist who has bowhunted for fifty years, and no lawmaker ever asked me for my opinion. And apparently I did not get the memo on the true meanings of the updated regulations, either. You?

And while we are at it, have you ever considered the subject of who really owns the wildlife of the realms? It would seem such an easy question to answer, particularly if you are a private land owner. Again, I can assure you that the answer may surprise you, though that is a topic for another time.

So, be careful out there! Know that your actions can and will always be scrutinized, for better or worse, by yourself, the hunting community, the non-hunting public, and the courts.

And don’t forget to study the latest round of game law regulations, no matter how voluminous, or confusing, they may be…

I have recently been accused of “beating a dead horse with a dead camel” for revisiting the trouble with Ted. Maybe that’s true, but this type of insufferable, bureaucratic harassment is an issue that is very much alive for me.

Because I hunt. A lot…and I would like to continue to do so until I can hunt no more. It would be nice to do so without constant threat of fine and penalty for violating some new, obscure, and poorly written regulation that has no grounding in common sense or sound wildlife management.

One thing is also clear. It’s also about time to stand up and be counted, as my pioneering, bowhunting father used to say. I can still hear him now – everyday!

I know that Ted Nugent would agree.

 

 

Has anything like this, happened to you?

Posted By Michael Patrick McCarty

 

*The Interstate Wildlife Violator Compact (IWVC) is a United States interstate compact (an agreement among participating states) to provide reciprocal sharing of information regarding sportsman fishing, hunting, and trapping violations and allows for recognition of suspension or revocation of hunting, fishing, and trapping licenses and permits in other member states resulting from violations concerning hunting, fishing and trapping laws in order to prevent poaching across state lines.

Illegal activities in one state can thus affect a person’s hunting or fishing privileges in all member states. The IWVC obligates members to report wildlife violation convictions to Compact members, gives the members the capability to honor each other’s suspensions, and provides the method to exchange violator data between member states. A conviction in one Compact member state may cause them to be barred from participating in hunting, fishing, and trapping in all member states, at the discretion of each state.

Ted Nugent’s statement about his illegal bear hunt in Alaska

Published April 25, 2012

Below is Ted Nugent’s full statement regarding his guilty plea on Tuesday in Alaska of illegally killing a bear. It’s entitled “Ignorance of the law is no excuse.”

“Not a day goes by where an American outdoorsmen doesn’t confide in me that due to the increasingly complex, illogical hunting and fishing regulations across the nation, that it would not surprise them that they have unintentionally violated a game law at some point in time. Other outdoorsmen routinely express their frustration about regulations that serve no purpose and cannot possibly be explained in terms of wildlife management.

“America is increasingly drowning in just such strange, goofy regulations and requirements. As logic crusader John Stossel recently exposed, our federal government releases roughly 80,000 pages of new regulations each year, confusing, ambiguous, weird illogical regulations that serve no meaningful purpose other than to feebly attempt to justify bureaucracies already off the rails. It’s way past bizarre.

“The ‘you don’t need to read it, you just need to sign it’ health care bill argued before the Supreme Court was almost 2,000 pages long of extraordinarily complex rules and regulations. Sarcastically, Supreme Court Justice Scalia stated that reading the bill was a violation of the 8th Amendment’s (protection against) cruel and unusual punishment clause.

“Regrettably, state hunting regulations have also been ravaged by the over-regulation beast. In Alaska, the hunting regulation book is 128 pages long. Alaska trapping regulation is 48 pages.

“Alaska is not alone. Numerous other states have seen incredible expansion of their hunting regulations over the past few decades. In Texas, the summary of hunting and fishing regulations is 85 pages. The hunting regulations in California are roughly 140 pages long.

“Even with an increasing mountain of often confusing and complex hunting and fishing regulations to abide by, sportsmen have a legal and ethical obligation to know and abide by these regulations, no matter how goofy they may be. I have said this for decades and will continue to do so as we fight to make them sensible.

“I have hunted in Alaska for almost 40 years. It is a spectacular, beautiful place that offers incredible big and small game hunting cherished by sporters from around the globe.

“In 2009, I returned again with my sons to Alaska to hunt black bear. What I was unaware of is that the specific region where I hunted had a new and unprecedented requirement that a bear hunting tag was considered to be “filled” even with a non-lethal hit on the animal. For sixty years, every “tag” regulation in every state and Canadian province has declared that you tag the animal upon taking possession of the animal.

“The first arrow I shot on that hunt was obviously a non-lethal shot where the arrow literally glanced off the animal’s rib, as seen clearly on stop action video. The bear leapt, stopped, looked around, and slowly ambled off, confused but unhurt by the disruption. After diligent effort by my son and I, we were convinced that this bear was alive and well. We then continued our hunt and ultimately killed a beautiful black bear.

“I filmed the entire hunt including the first non-lethal arrow and put it on my television program Spirit of the Wild on Outdoor Channel for tens of millions of viewers to witness. Airing the hunt on television proves beyond all doubt that I had no willful intention to violate any hunting regulation.

“Was I negligent in not knowing the Alaska bear hunting rule for the specific region I hunted that year? Absolutely. For my negligence, I have been charged with a violation and I plead guilty. To the best of my knowledge, I am the only person ever charged with violating this new, unheard of law. Lifetime AK hunters, guides, outfitters, even the resident judge at my hearing were unaware of such an unprecedented regulation.

“While I disagree with Alaska’s requirement that a tag is considered to be “filled” even on a non-lethal hit, that was the requirement at the time of my hunt. Had I known of that requirement, I would not have hunted that region because I fundamentally disagree with it, and I certainly would not have hunted another bear.

“I have promoted the grand, honorable hunting lifestyle all of my life and will continue to do so. Hunting, fishing and trapping are the epitome of true conservation.

“What I also pledge to American outdoorsmen is to work to repeal onerous, unscientific, counterproductive rules and regulations that make no sense such as the seven states where hunting is banned on Sunday, making 50% of the season illegal for the average hunting families in those states. Idiotic laws such as these are a hindrance to real conservation and the critical need for recruiting new hunters. Such arbitrary laws serve no scientific purpose that benefits the management of wildlife value whatsoever.

“The outdoor lifestyle cannot be preserved for future generations of sportsmen by constructing such a labyrinth of confusing, unscientific and oftentimes counterproductive regulations and rules. Reversing this trend is my focus.

“While I have never intentionally violated a hunting regulation, ignorance of the law is no excuse, and I am truly sorry, and have paid dearly. There is even less of an excuse for ignorant laws.”

Ted Nugent

 

“One final paragraph of advice: Do not burn yourselves out. Be as I am –a reluctant enthusiast…a part-time crusader, a half-hearted fanatic. Save the other half of yourselves and your lives for pleasure and adventure. It is not enough to fight for the land; it is even more important to enjoy it. While you can. While it’s still there. So get out there and hunt and fish and mess around with your friends, ramble out yonder and explore the forests, encounter the grizz, climb the mountains, bag the peaks, run the rivers, breathe deep of that yet sweet and lucid air, sit quietly for a while and contemplate the precious stillness, that lovely, mysterious and awesome space. Enjoy yourselves, keep your brain in your head and your head firmly attached to the body, the body active and alive, and I promise you this much: I promise you this one sweet victory over our enemies, over those desk-bound  people with their hearts in a safe deposit box and their eyes hypnotized by desk calculators. I promise you this: you will outlive the bastards”. Edward Abbey

 

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A Journal of Wild Game, Fighting Fish, and Grand Pursuit