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Teal Opener
Waterfowl season has officially opened in many states with early Canada goose and teal seasons in full swing. An opportunity to catch those early migrating blue wings and resident geese, September waterfowl seasons are a great way to knock the rust out of your joints and the dust off the decoys. These seasons afford the dedicated waterfowler the chance to find out his waders have sprung a hole in mild-temperature ponds, or that his retriever may need a refresher on casting.
For teal, the shooting is often fast and early. Erratic flocks of "darts with wings" will likely begin buzzing the decoy spread well before shooting time. The squeaky high pitched quacks and splashing around in front of the blind will likely drive the pup crazy after a whole summer of bumpers. Because most areas won’t have had a freeze by opening day of an early teal season, bug spray and even sunscreen are a must. Hunting the Cheyenne Bottoms Wildlife Area in Central Kansas at this time can make you want to put the inventor of DEET on your Christmas list…
Hunting resident Canada geese has its ups and downs. The birds are likely not migrators for one reason or another, and their patterns are pretty set. There is a lot of loafing in cut hay fields and open fields as opposed to heavy feeding in cut corn and milo as late season goose hunter may be used to. In my experience, the calling is a lot less aggressive as well.
Whatever your passion, try to get out for an early season hunt. That friend or kid in your neighborhood who has always wanted to try duck hunting may be more apt to enjoy his or her first time out when the high temp is above 40 degrees.
Remember, early teal and goose, as well as September dove hunting, is migratory bird hunting. Check your state’s regulations for shooting times, daily bag limits, legal species, and required licenses. Some states elect for later shooting times for early seasons and bag limits will likely differ from the regular duck or goose season. For your convenience, the following links for state waterfowl regulations are provided:
Kansas: http://kdwpt.state.ks.us/Hunting/Migratory-Birds
Missouri: http://mdc.mo.gov/hunting-trapping/hunting-regulations/waterfowl-regulations
Colorado: http://cpw.state.co.us/thingstodo/Pages/Waterfowl.aspx
Kansas Hunters Facing Migratory Bird Violations
It has been hunting season for less than a month and hunters are already making the news in a big way. Four Kansas men were allegedly found in possession of 209 doves, according to KDWPT employees.
Doves are a migratory bird, and if these hunters are convicted or plead guilty to any charges, there could be very serious repercussions. Under the Migratory Bird Treaty Act, the hunters could face federal penalties depending on the route taken by officials in Kansas. Federal judges do not take these kinds of charges lightly and the case will likely attract a lot of attention from hunters, pro- and anti-hunting groups, and legislative authorities through to its conclusion.
When facing these kinds of charges, the advice of a lawyer is crucial in understanding the consequences that go along with accepting any plea bargains from the District Attorney. Judges and prosecutors have little to no say in most states in the administrative repercussions imposed by the Department of Wildlife and Parks, including the suspension of your hunting license or lifetime ban from the sport.
Check back here for a follow-up once the charges being pursued against these individuals are made public.
Article from the Wichita Eagle: http://www.kansas.com/news/local/article1848988.html
Deer Management Civil War
The National Park Service has unveiled a $1.8 million plan to harvest 2,800 deer from D.C.-area Civil War Battlefields. Public hunting is not allowed on these Park Service grounds, thus the deer population has spiraled wildly out of control. Ideal deer per square mile measurements hover around 25-30 animals per square mile. On these government-controlled areas, that number has reached as much as 200 animals per square mile.
In a time when the Federal and several State governments have imposed more restrictions on hunting and firearm use/ownership than at any other time in our history, a plan has been revealed to spend over one million dollars of taxpayer money to hire sharpshooters to take the place of hunters. The federal government has seen fit to limit access to public land for hunters and is now seeing the effects of those restrictions.
While the chance to see the sunrise from a deerstand over a battlefield where our country was forged is without a doubt a dream come true, it is completely understandable to limit public hunting access on such sacred ground. However, for the government to use taxpayer money to counter the effects of that very government’s restrictions is, sadly, representative of the current state of affairs for our hunting heritage. A well-regulated lottery system to allow youth hunters to take a deer on a historically significant site would just make too much sense, apparently.
Beretta USA Responds to Gun Control Actions by Relocating Jobs
In response to the ever-growing and expanding gun control laws in the state of Maryland, Beretta USA has announced that it will move its manufacturing plant in the state to Tennessee. The legislation in Maryland banning certain types of firearms and heavily restricting others has led the manufacturer to feel unwelcome.
Kendall Jones
It started with a young woman enjoying a treasured past-time with her family. It ended with that same family hearing strangers offering money for explicit pictures of their daughter, their sister. People publicly called for her death in various ways and even exclaimed that they would exact revenge in other, more horrifying ways. Why were people who had no idea who this young lady was so perfectly content to assault her and her family with threats of pain and suffering? Because she had gone hunting.
That’s it. She and her family went on a fully legal hunting trip in Africa and posted the pictures online to her Facebook page. For this crime, Facebook labeled her photos "inhumane" and supportive of "animal abuse" and promptly removed them. Other Facebook users took to the internet in droves, pitchforks at the ready, to make an example of this poor woman. A man running for office in a state halfway across the country publicly offered $100,000 for explicit pictures of the young woman, Kendall Jones.
Notwithstanding the obvious problems with threatening an avid hunter with violence of any kind, I wonder how many of the internet activists have daughters, little sisters, or wives they would want subjected to the kinds of things they have said to Kendall Jones. It sickens me and the members of our firm to see the capacity for violence and depravity that our fellow Americans are capable of. These "activists" hang their hats on a hook of "animal rights" and "vegan lifestyles," as if to say that enforcing the rights of a legal game animal would somehow justify forcible sexual assault, grievous bodily harm, emotional distress, or murder. If you think I would exaggerate as to the threats she and her family has received, and you think you can stomach true depravity, you’re welcome to search out the articles and ensuing comments but I will not be giving those comments any additional attention.
http://www.nydailynews.com/news/world/cheerleader-19-loves-shooting-safari-article-1.1850383
At Wildlife Lawyers, we are dedicated to the preservation of the outdoor pursuits so deeply engrained in American tradition. It takes people like Ms. Jones to sustain and support these traditions and for this, we applaud her. Having worked with many international and domestic hunters in the past, we know the challenges she is facing and wish her Godspeed in dealing with her situation. Congratulations on the fine animals harvested and happy hunting to Ms. Jones, her family, and all the hunters across the world.
Colorado Hunting License Registration Increases Despite Proposed Boycott
Last Spring, when Gov. John Hickenlooper signed several bills into law that restricted magazine capacity and mandated stricter controls on gun sales, there was a cry for a boycott of the Colorado big game industry. Hunters, outfitters, and proponents of the Second Amendment called for both residents and non-residents alike to boycott the big game hunting season to show the State how they felt about the new laws. After the dice fell, the results are in and Colorado sold more licenses this year than they had in 2012. The boycott missed its mark.
According to the Denver Post, Colorado Parks and Wildlife sold about 6,000 more deer and elk licenses than 2012 and about 1,400 more bear licenses than in 2012. This was an overall increase of about 4% in the number of limited license applications since the previous year. The Colorado hunting and fishing industry brings in roughly $1.8 billion a year.
So why was the boycott ineffective? While it is impossible to know exactly why the boycott failed on the individual level, some other trends have shown up. The legislature signed Hickenlooper’s bills into law only just before the deadline for big game licenses. This timing may have made some hunters choose between standing up for themselves or missing an entire season. Further, nonresident licenses make up about 80% of the licenses sold in the State. The nonresidents may have been unaware or apathetic to the changing laws and boycott.
So what does this mean for the hunters of Colorado? It means that a change came and went, without too much backlash on the State itself. It means that Colorado hunters are being restricted in their Second Amendment rights without being able to voice their concerns. It means the State can keep rolling, with or without, the hunters of Colorado.
If your Second Amendment rights have been infringed upon or if you need to talk to a Wildlife Law Expert, contact Welsh Law, LLC. toll-free at 888-458-0991.
Colorado’s Hunter Education Faces Changes
Changes may be coming to hunter education. Do you support the current two-day classroom sessions or a change like the "mentor" program? Let us know what you think.
Colorado’s hunter education could be too much of a good thing
http://www.denverpost.com/outdoors/ci_23764001/colorados-hunter-education-could-be-too-much-good
Heads Up
It’s that time of the year, time to get out and look for those elk and deer sheds. Well at least here in Arizona, you boys up North may have to wait for a little more snow to melt off. You don’t have to find a shed to have a great time in the outdoors but it gives you a great excuse to go.
We’ve been combining our shed hunting with predator calling. The calling has gone better than the shed hunting. From four different sets yesterday we called one coyote. He came right to my buddy but because of some brush he couldn’t shoot. My shot was after he spooked and he was running all out. Get out there today and save a fawn shoot a coyote.
A new website I just found and thought you might be interested in, it’s called http://www.huntfortruth.org/site/. This site has been examining the validity of the environmentalist’s claims that lead found in bullets are causing lead poisoning in our wildlife. I would recommend you check it out.
The gun control battle is heating up with false claims being made left and right by those who favor restricting our 2nd Amendment rights. Get involved and call your representative, join the NRA, The Citizens Committee to Keep and Bear Arms, the Safari Club, or the 28 other major hunting and wildlife organizations who are fighting for our rights as gun owners and hunters.
Now that big game tags from the various states are becoming available and some of you are planning a guided trip for that dream hunt in a remote part of the country you’ll need to thoroughly check the prospective outfitter’s credentials and his references. Once you have agreed with the conditions of the hunt and before you sign the contract you owe it to yourself to have a good wildlife attorney review the contract. The cost of this service is small when compared to the overall cost of the hunt. Many things can and will go wrong during a hunt such as weather, sickness, and bad outfitters and guides so cover your bases before signing on the dotted line. And outfitters by having a good solid contract with your clients you can avoid misunderstandings and hard feelings and look forward to years of repeat customers.
Remember When
I was reminiscing the other day about my first whitetail deer hunt in my home state of Michigan and about how hunting has changed over the years.
As a kid my dad would take me to my grandfather’s cabin in northern Michigan where we would meet uncles, cousins, and my grandparents. As I remember there were about 10 of us including my grandmother the only woman in camp. I don’t know how we all fit as it was only a three-room cabin with four double bunk beds, a sofa, and a small space on the floor to make a bed. There was no running water so someone had to go out to the well and pump a bucket or two every day, that chore typically went to the youngest hunter in camp "me". Our "facilities" consisted of a "cold" outhouse about 40 yards from the cabin.
The cabin was a beehive of activity every morning and in the evening when supper was done and sandwiches had been made for the next day’s hunt the playing cards and whiskey were brought out. The days hunt was relived and the tales got taller as the evening wore on. The air was filled with merriment and continued into the wee hours of the night.
I remember my Gramp warning everyone that morning would come very early and how he was always in bed by 8 p.m. He was up at 4 a.m. and would be banging on an aluminum dishpan with a wooden spoon letting all the late-night revelers know that it was time to get up and get ready to go hunting. I remember his words as he played revelry every morning "daylight in the swamp boys". I’m sure there were a lot of throbbing heads as there were many bloodshot eyes and a whole lot of moaning going on.
I remember my first deer; I was on stand before daylight. My dad had taken me to the deer stand which was called, little buck point, and told me not to leave under any circumstance. He said he would return at noon to have lunch with me. Not long after daylight three deer materialized out of the trees and I shot the first one, a doe with my model 64 Winchester lever-action 30-30. It must have been an act of God that I was able to get the shot off, my heart was beating so hard that I thought the deer would hear it. After that I was hooked on hunting and have never gotten over the adrenalin charge I had that morning.
I remember the small town not too far from the cabin and the buck pole in front of the general store and the people who would stop and admire the deer hanging on the buck pole and the excitement over the big buck contest and who would win the prize for the biggest buck.
I remember tying my deer to the top of the car, and how proud I was to show everyone the deer I had shot. How everyone no matter where you stopped would come over and admire the trophies and how glad they were that you had taken a deer.
Well now the hunting culture has changed and we hide our deer in the back of the truck, there are no buck poles anywhere and we dare not say we killed a deer we now "harvest" a deer like we harvest a bushel of corn. It’s mostly hotels, motels, and lodges now.
In today’s culture it’s hard to get our children and grandchildren interested in hunting as there are so many distractions with new video games coming out daily, computer games, and Xbox vying for the youngster’s time. But it’s never too late to try and see if you can get a son, daughter, grandson or granddaughter interested in hunting and hopefully they will catch the same bug that you and I have.
Trespassing II
Part II JOE SHOULD HAVE…
What went wrong for Joe and what could he have done differently?
Well you see Joe was from Arizona where the trespass laws are a little different. Down there a landowner has to post his property to keep unwanted persons off his land. Joe didn’t take the time to research Colorado’s laws and just assumed they were similar to Arizona.
Arizona’s trespass law states "reasonable notice prohibiting entry". So if the land is not reasonably posted against entry or trespass you are ok to hunt it. Not so with Colorado, it states in the CRS 18-4-504 "A person commits the crime of third-degree criminal trespass if such person unlawfully enters or remains in or upon premises of another". Colorado law does not require the landowner to either fence or post his land to keep unwanted persons off his land.
Joe could have saved himself a lot of grief if he had either asked for permission to hunt the property in question or had a GPS with maps installed that show when you are on public/private land.
Joe was also taken in by the personable game warden and didn’t think he was under investigation when he was asked to show the location of his kill and afterword when he knew he was under investigation he thought by cooperating his problem would be less severe which in reality is not normally the case.
Joe had the right to ask, when questioned about the kill site by the officer if he was under investigation and at that point should have not answered any more questions. Joe when charged with the above offenses should have been ready to call a good wildlife lawyer rather than to continue to incriminate himself.
Joe’s second big mistake was not using an experienced wildlife lawyer to represent him at the administration hearings which resulted in Joe losing his hunting privileges for five years.
Joe was guilty of trespassing, but a good wildlife attorney more than likely could have negotiated a plea bargain and may have been able to end it at a trespassing charge with no loss of hunting privileges. As a sportsman always be prepared no matter what comes your way.