'Lost' Animals

[metau]

So I've recently read the few threads on here about the issues folks are having with loosing an animal and then recovering it after the close of the season, doing the right thing and notifying the G&F only to have thier animal siezed. I was looking for where in the regs the G&F would be allowed to do this, and from best I can tell, it looks like is is a combination of a few laws and a rule:

 

A.R.S. 17-101 A. 18.

“Take” means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or the placing or using of any net or other device or trap in a manner that may result in the capturing or killing of wildlife.

 

A.R.S.17-309 A. 11.

Take wildlife during the closed season.

 

R12-4-302 I.

Immediately after an individual kills wildlife, unless

exempted under R12-4-217 or the individual who took

the wildlife wishes to divide the carcass under R12-4-305,

the individual shall attach his or her valid tag to the wildlife

carcass......

 

 

Now I have no clue how hard it is to change things like this, but I know anything you try to do with the government takes forever and then some. But I think a few rewordings and additions may make things much more the way they should be when it comes to situations like these. I'm no lawyer, so I am sure my wording is off, but it sounds right to me:

 

A.R.S. 17-101 A. 18.

“Take” means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting living wildlife or the placing or using of any net or other device or trap in a manner that may result in the capturing or killing of wildlife.

 

Which would rule out the complications from A.R.S.17-309 A. 11.

 

And;

 

R12-4-302

I. 1. Immediately after an individual kills wildlife, unless

exempted in this subsection, under R12-4-217 or the individual

who took the wildlife wishes to divide the carcass under

R12-4-305, the individual shall attach his or her valid tag

to the wildlife carcass in the following manner:

a. Remove all of the detachable paper covering from

the adhesive back of the tag;

b. Seal the exposed adhesive portions of the tag

around the wildlife so the tag cannot be removed or

Reused and all printing on the face of the tag is visible

and:

1. For a deer, elk, or antelope, seal the tag around

the antler or horn, or through the gambrel of a

hind leg;

2. For a javelina, bighorn sheep, mountain lion,

buffalo, or bear, seal the tag through the gambrel

of a hind leg; and

3. For a turkey, sandhill crane, or pheasant, seal

the tag around the neck or a leg.

2. a. If a taken animal cannot be immediately recovered, the hunter

may notify the Department and include the following information:

1. Species, sex and description of game taken;

2. Unit, location, date and time of shot(s) taken;

3. A detailed description of the shot(s) and attempted

recovery efforts;

b. Any hunter who notifies the Department in accordance

with this subsection may continue to locate legally taken

Wildlife after the close of the season, provided the

following conditions are met:

1. The hunter shall notify the department within 24 hours

of the close of the season that the taken wildlife was

not recovered;

2. Within 5 days of the close of the season, the hunter

shall provide for inspection the unused tag to a

Department official; and

3. The hunter shall not attempt to locate any legally taken

wildlife under this subsection while actively hunting in any

manner for any wildlife, nor shall the hunter be in

possession of any firearm for the purpose of taking

wildlife while attempting to locate wildlife under this

subsection.

c. Once the taken wildlife is found the hunter shall:

1. Notify the Department as to the location of the

recovered wildlife carcass;

2. Not move or disturb the wildlife carcass until

inspected by a Department official: and

a. If the wildlife is verified by the Department official

to be the same wildlife as reported by the hunter in

accordance with this subsection, the hunter shall

attach his or her tag in accordance with this

subsection and take possession of the

wildlife carcass;

b. If the wildlife is unable to be verified by the

Department official to be the same wildlife

reported by the hunter in accordance with

this subsection, then the Department shall

seize control of the carcass.

 

 

 

I've never been in the situation that some of you have posted about, but I can only imagine how horable I would feel if I was. If anyone knows about making these things legal, I'd like to hear how. I've never been to a G&F Commsion meeting, is this something that could be brought up there? I assume the revision to the A.R.S. would have to be through a member of the state senate or house? Let me know your thoughts.

 

Jerry

 

edit-Wasn't sure if this belonged here or in the politcal area. Thought it might get more traffic here, but feel free to move it if it does not belong.

[azslim]

Nice attempt but I don't see it happening since G&F has got a taste of how much money they can get for racks. Takes a lot of funds to pay for all the overhead that has nothing to do with game management.

[Guest Lobo]

There are many things that can lead to a lost animal. It happens. I assume we're talking about the hunter whose bull elk antlers will be sold by G&F. If it was a small bull or buck would it be as important?

[AZantlerhead]

What happened to the days when our laws were based on what's right and what's wrong ??? As well the officers were backed up by their agency in determining just that, what's wrong and illegal and what's right and therefor legal??...I've heard stories about those days.... but mostly just in John Wayne movies and Louis L'Amour books...

 

Sad deal for everyone I hope The higher power that punished the one officer for giving the guy his rack back is fired, and the officer that gave the hunter his rack, is givin his job and a raise...I hope the other guy gets his rack for 00.01 at auction if he must, and the officer that took the guys rack that's going to auction is charged with grand theft and fired...Now that would all be the RIGHT thing to do.. IMO of course.

 

I've been out in the field with an officer to recover a frsh winter kill bull that a friend found, a pretty serious non typical I'm sure would fetch a good dollar at auction, but also something a man would hike his whole life and of course never find another just like it... That officer worked hard, did his job and ended up letting my friend keep his find once he had done his duties, not to mention was a good guy to just talk to.... I'm glad that law allows for an officer to do the right thing while enforcing written law at the same time... If you read this you know who you are, and thanks for doing the right thing in the situation once again and enjoyed the hike in with you.

 

The law pertaining to recovering game that you killed legally, after a hunt, needs to be re-written .... to make sure all parties are doing the right thing and everything is fair and square...

 

I really feel for the guy who must buy his antlers at auction,, He is paying for something that is rightfully his, that ain't right... If we all went to the auction to protest the sale of his rack maybe the guys in charge will get the hint... dang did I just say that??? We the people must make ourselves heard..........By the people, For the people.... we should all get more involved including myself