Go Back  HuntingNet.com Forums > Regional Forums > Midwest
Michigan DNR citation >

Michigan DNR citation

Midwest OH, IN, IL, WI, MI, MN, IA, MO, KS, ND, SD, NE Remember the Regional Forums are for Hunting Topics only.

Michigan DNR citation

Old 12-16-2013, 02:50 PM
  #1  
Spike
Thread Starter
 
Join Date: Dec 2013
Posts: 2
Default Michigan DNR citation

I was cited the second to last day of firearm deer season for not immediately tagging a deer. Admission, I did not, I did notch the tag, but was worried about a long drag out and losing the tag. Had it in my pocket. First time in 15 years of hunting, I encounter a DNR officer. Cited me, a misdeamenor and $200 fine. I pleaded not guilty, as to keep my options open. Should I just man up and pay it, put up with the misdeamenor on my record? In addtion, just to add to the situation, my son who was hunting near by was visited by a DNR officer tonight at his home inquiring as the situation that night. He was taking an on line timed LSAT test and told the officer, call ahead, he did not have time to chat.

I know I was supposed to, just plain forgot, I know that sounds lame, but the excitement of a deer and the long drag, just forgot. I did notch the tag, DNR officer said I could have re-used tag, yeah, if I dragged out a warm deer the next day with a day old tag.

I have been doing a little research, this probably is a minimal fine, the misdeamenor thing is irritating, not like I was dealing drugs, shoplifting etc. Just need opinions, no lectures. Thanks
captdave12 is offline  
Old 12-16-2013, 06:40 PM
  #2  
Super Moderator
 
Arrowmaster's Avatar
 
Join Date: Apr 2003
Location: Indiana
Posts: 7,182
Default

I think your caught between a rock and a hard place here. I would just pay the fine and let it be done. If the law calls for it to be tagged immediately, you really don't have a leg to stand on. Not saying he coudnt have cut you a break.
Arrowmaster is offline  
Old 12-18-2013, 03:54 AM
  #3  
Nontypical Buck
 
Mickey Finn's Avatar
 
Join Date: Apr 2008
Location: Michigan
Posts: 3,952
Default

Originally Posted by captdave12
I was cited the second to last day of firearm deer season for not immediately tagging a deer. Admission, I did not, I did notch the tag, but was worried about a long drag out and losing the tag. Had it in my pocket. First time in 15 years of hunting, I encounter a DNR officer. Cited me, a misdeamenor and $200 fine. I pleaded not guilty, as to keep my options open. Should I just man up and pay it, put up with the misdeamenor on my record? In addtion, just to add to the situation, my son who was hunting near by was visited by a DNR officer tonight at his home inquiring as the situation that night. He was taking an on line timed LSAT test and told the officer, call ahead, he did not have time to chat.

I know I was supposed to, just plain forgot, I know that sounds lame, but the excitement of a deer and the long drag, just forgot. I did notch the tag, DNR officer said I could have re-used tag, yeah, if I dragged out a warm deer the next day with a day old tag.

I have been doing a little research, this probably is a minimal fine, the misdeamenor thing is irritating, not like I was dealing drugs, shoplifting etc. Just need opinions, no lectures. Thanks
I'd probably change my plea, and pay.
Mickey Finn is offline  
Old 12-18-2013, 07:30 AM
  #4  
Fork Horn
 
Join Date: Feb 2005
Location: Olympia, Washington
Posts: 257
Default

I wouldn't pay. No way. Just hope you get a judge with some common sense and who isn't an anti-hunter. Your tag was notched, I see nothing wrong with attaching it to the animal when you're done dragging it to your vehicle.
bdan68 is offline  
Old 12-20-2013, 06:36 AM
  #5  
Spike
 
Join Date: Dec 2013
Location: Missouri
Posts: 22
Default

What is the downside of going to court? If you lose you still pay. Your odds aren't the best but it would be worth it. I guess I don't understand the home visit there has to be more they are wanting to charge.
buckstop515 is offline  
Old 12-20-2013, 10:20 AM
  #6  
Fork Horn
 
Join Date: Apr 2005
Location: Dark Side of the Moon
Posts: 406
Default

I notch the tag, secure to a piece of rope and notch the animals ear where I am going to secure the tag. I keep the tag in my pocket however during the drag out. I have been stopped by the DNR during drag out and asked why the animal is not tagged. I replied, that I have lost tags dragging deer out of the woods and then I am poaching. The tag is going to be affixed right to this spot as soon as I get it to the truck. Officer looked at the punched tag and said it is supposed to be on the animal, but just make sure it gets there when you reach the truck.

I guess it all depends on who you get. I have a feeling that there is more going on in your area then you realize. Anit-hunters can call the DNR and report shooting at night. That will bring the DNR out pretty quick. Just sounds like a lot of law enforcement activity for an improperly tagged animal. Remember, in Michigan this year a tag wrapped around the antler is considered improperly tagged and the tag is supposed to be considered void as they cannot read the information. Depends on the C.O. whether or not that would get you the citation.

I would fight it. You have nothing to lose. Sir, the tag was punched, wrapped around a rope and the deer's ear notched. I did not want to loose the tag when dragging the deer out.
Kathwacckkk is offline  
Old 12-20-2013, 10:37 AM
  #7  
JW
Super Moderator
 
JW's Avatar
 
Join Date: Jan 2004
Location: Wisconsin
Posts: 7,431
Default

It is the law. A harvested animal is to immediately be tagged before said animal is gutted, moved, and or transported, etc.
My Opinion - Man I made a mistake so I own up to them. My brain fart not yours.

I would go to court. For a few reasons.

1. I would change my plea, not fight the issue, pay the fine and state to the judge why.
I would state "I know now, I really needed to tag that animal before I moved it, and I am truly sorry. I accept any fine I must pay because of my error and I assure you it won't ever happen again! I made a mistake, however through mistakes is how we learn. " That would be my response or something similar to it.

2. With the very few traffic tickets I earned in my lifetime I went to court mainly to see how the court system works. I paid the fine but the points where dropped to which I thanked the judge and the court. Heck I was guilty I got caught speeding because I was negligent of what I was doing. When I went before the judge he posed the fine to which I did as he asked and then I thanked him. He was taken back at my comment to which I explained. "Hey my points where dropped and I am happy to pay the fine. Works for me your honor thanks. It won't happen again." All to which the judge was rather surprised. But that is me

Look at this way - it could have been worse and you might have lost your hunting privileges.

Just my thoughts. Good luck and let us know the outcome

JW

Last edited by JW; 12-20-2013 at 10:46 AM.
JW is offline  
Old 12-20-2013, 12:13 PM
  #8  
Spike
 
Join Date: Aug 2007
Location: Minneapolis, MN
Posts: 35
Default Why Avoid Court and JUst Pay the Fine

Originally Posted by buckstop515
What is the downside of going to court? If you lose you still pay. Your odds aren't the best but it would be worth it. I guess I don't understand the home visit there has to be more they are wanting to charge.
In addition to the fine they would also add court costs. Further you may have to take timer off work to attend court.

However, I agree you might find a sympathetic judge who would either lower the fine or waive the court costs.
Gremlin1104 is offline  
Old 12-21-2013, 03:32 PM
  #9  
Giant Nontypical
 
Join Date: Jan 2011
Location: Allegan, MI
Posts: 8,019
Default

Below is the current requirement for tagging that I copied/pasted from the DNR website. It is completely different than what used to be allowed ever since I started deer hunting here in MI in 1963 and I'm a retired MI Dept of Ag Law Enforcement Investigator that has always done what you did so as not to lose the tag until I got to camp or my truck. They have always made you notch your tag immediately after the kill, but did not require you to attach it to the animal until you got it back to camp or your vehicle. Was the animal still in the field or had you put it in your vehicle when you were checked and ticketed for it not being tagged? It sounds like it was the latter and if that ls the case you may be up the creek without a paddle! I see they have even changed the way they want a turkey tagged with a wire, etc. instead of wrapping the tag with the sticky side around the leg like I have been doing right up through the bird I took last Spring. It would seem that when they make a major rule change like tagging that they would notify all of us sportspersons with a supplemental paper when the license is issued because I can guarantee you that 90% of the people do not read all the stuff that's in a lawbook to check for a change like that. Unless you had it in the vehicle where it should have been tagged, I'd go to court with your plea or change it to "No Contest" with your explanation telling the Judge you did not know the requirement had changed, just like I didn't until I read this thread. Good luck and I would at least give it a try IF the deer was still in the field like the old law allowed until back at camp or in the vehicle! Also, I'd sure like to know what the deal was for the visit at your son's house, as that certainly doesn't sound kosher and I think he handled it properly by politely telling the guy to take a hike!!!


Tagging Big Game
Immediately after killing a deer, bear, wolf, elk or turkey, you must validate your
kill tag and fasten it to the antler, lower jaw or lower leg in such a manner that the
tag remains securely attached to the animal. Do not stick or wrap the kill tag to
the antler of a deer or to the leg of a turkey. The best way to attach a kill tag is to
lay a strong piece of wire or cord across the sticky side of the kill tag so the tag
can be folded in half. Tie the wire or cord to the animal. Make sure the kill tag is
completely legible and visible for inspection. The kill tag must remain attached
until you process or butcher the animal, or the animal is accepted for processing
and recorded by a commercial processor or taxidermist.
Note: If the antlers or head are returned to the person submitting the animal to the
commercial processor, the kill tag shall accompany the head or antlers.

Last edited by Topgun 3006; 12-21-2013 at 03:46 PM.
Topgun 3006 is offline  
Old 12-26-2013, 01:58 PM
  #10  
Typical Buck
 
Join Date: Feb 2003
Location: Northern Illinois
Posts: 612
Default

Man up, pay the fine. We have that same law here in Illinois and you have to tag the deer immediately when you find it. It would be much easier to attach after you gut, or get it back to the truck but its the law. I keep a couple plastic zip ties and use them to help attach the tag to the leg and keep a eye on it on the way out. Everyone makes mistakes in life and we all life and learn
Don K is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.