BagginBigguns

Here's a word of advice to everyone: READ AND KNOW THE REGULATIONS!!!

I spoke with a friend of mine yesterday and he informed me of a situation he is currently in with the law. Wisconsin had a special T-zone season (10/28-10/31) in the middle of the archery season that was for doe only. My buddy was unaware that the T-zone season was in session and ended up killing a nice 8 pointer on Sunday night (10/31). To make matters worse, he is in an Earn-A-Buck zone and had not previously tagged a doe. He intended to register it and take it to the processor on Monday after work. As it turns out a neighbor must have seen what was going on and called him in. Monday morning the DNR showed up and took the deer. He then got a call at work requesting that he meet with the game warden. He left work and met with the warden. The warden took his bow and he will be charged with killing a deer out of season ("poaching"), which is a misdemeanor crime punishable by a $2000 fine and 3 year revocation of hunting privileges.

My question is, does anyone have any experience with this sort of situation (personally or by association), and is there a reasonable defense? The warden is calling him a "poacher", which I think is COMPLETELY out of line. To me this is the equivalent of keeping a walleye that is 14" long when the size limit is 15". While what he did is against regulations and is indeed wrong to do, he is not a "criminal". The whole thing was quite innocent. If last year's regulations were unchanged from last year warden would have congratulated him rather than charging him with a crime. I feel terrible for him and was hoping that someone here might be able to offer some advice.

Perhaps some punishment is in order, but the charges are FAR from reasonable, in my humble opinion. Any suggestions would be greatly appreciated.

-BagginBigguns

justhunt

It does seem a little extreme, but ignorance is no defense.

adams

I'm probably not going to be much help here. I feel for your friend espically if he's a good guy but I'm a staunch advocate for knowing the law and abiding by it. IMO ignorance is not an excuse espically if you get a law book when you get your license.

This quote:
Shows me you may have little respect for the law. Keeping a short fish is exactly like shooting a deer out of season. It's illegal and "bending" the rules for yourself is exactly like Breaking the law. Call me holier then thou (cause I'm sure it'll come up, it always dose) but I read, know and follow the laws in the states I hunt. If I some day decide to stray from this position then I expect to get the book thrown at me. JMO.

My best suggestion for your friend is to obtain an attourney and try to plead to a lesser charge and in the future take the time to read and know the laws.

GR8atta2d

Ok so he didn't know a new special season was in effect, maybe that's possible and unfortunate. But he had to know he was in an earn-a-buck area. Now that doesn't mean I favor that type of program but apparently in his area ity's the law. So for that I say he deserves a punishment of a poacher.
My cousin lives in Wisconsin in an earn-a-buck area. He has had 2 bruisers within spitting distance and could do nothing as he hasn't taken his doe yet. You gotta play by the rules.

WV8Point

I agree 100% with adams. Ignorance is no excuse. We all have the responsibility to follow the law. An incidence like this is ammo for the anti's.

It is each hunter's responsibility to check changes in the games laws prior to going into the woods each year.

As adams stated concerning the walleye, it is evident that you too have no respect for the law.

JeramyK

I'm sorry to hear about you're friends incident. Even if it was an honest mistake he is still in violation of the law. Even with an attorney I think there will be little if any leniency.

Dubbya

I also feel bad for the guy if indeed he is an ethical hunter. Unfortunately a poacher is defined by my websters collegiate dictionary as "one who kills or takes wild animals (as game or fish) illegally." Like I said I feel for the guy, but he should know the regulations, especially if he hunts that area frequently.

cardeer

At what point and time did he realize he made a mistake??? As soon as he realized he messed up he should of reported it himself. having someone else do it and wait till after work makes it look bad.

BagginBigguns

He didn't know that it was EAB. He was going on the assumption that the rules are the same as they have been for that zone for a number of seasons now.

As for not respecting the law, if I'm considered a disrespecter of the law if I think that $2000 and three years is a bit stiff for keeping a 14" fish while not knowing that the limit is 15", then so be it. That penalty is not reasonable.


So does anyone have any advice on how to proceed with the legal process?

BagginBigguns

Are you serious? You would turn yourself in?

He realized the mistake when the DNR called him on his cell at work. He was oblivious to the error, assuming that the regulations had remained unchanged for that area, as they had for a few seasons as far as I know.