Legal?
04-02-2007, 07:13 PM
#11
Nontypical Buck
Join Date: Feb 2007
Location: Denton, Texas
Posts: 1,335
RE: Legal?
ORIGINAL: npaden
I've been wondering about this since I removed a road kill doe and put it in front of one of my trail cameras last week. I'm afraid that it might be a violation since it is out of season.
These citations look like they could apply.
2018White-tailed Deer: hunt or possess in a closed season (PWC) 61.021/62.010 (PWP) 65.9/65.42
2019White-tailed Deer: hunt or possess taken on a public road or closed riverbeds (PWC) 61.021/62.010 (PWP) 65.9
I looked up the highlighted code sections and didn't see a smoking gun, but the big kicker is "or possess". For the 1/2 mile that road kill doe was in the back of my pickup I think I might have been subject to a citation. I think this is an area where the enforcement could be a gray area. The deer I moved was at least a day old and was starting to stink so it for sure wasn't going to be useful for something else.
FWIW, Nathan
I've been wondering about this since I removed a road kill doe and put it in front of one of my trail cameras last week. I'm afraid that it might be a violation since it is out of season.
These citations look like they could apply.
2018White-tailed Deer: hunt or possess in a closed season (PWC) 61.021/62.010 (PWP) 65.9/65.42
2019White-tailed Deer: hunt or possess taken on a public road or closed riverbeds (PWC) 61.021/62.010 (PWP) 65.9
I looked up the highlighted code sections and didn't see a smoking gun, but the big kicker is "or possess". For the 1/2 mile that road kill doe was in the back of my pickup I think I might have been subject to a citation. I think this is an area where the enforcement could be a gray area. The deer I moved was at least a day old and was starting to stink so it for sure wasn't going to be useful for something else.
FWIW, Nathan
04-06-2007, 07:51 AM
#16
Join Date: Nov 2005
Location: NC
Posts: 163
RE: Legal?
I read this post yesterday and started thinking about it last night, when I thought of a question. I realize that many states have laws against possessing deer out of season and I understand how that could be interpreted to include road kill or a portion of the carcass (antlers). My question is how would this be different from finding a carcass while shed hunting? I can see where a shed would no longer be considered a violation as the deer has basically discarded the antlers. However what would differentiate between picking up a skull with antlers still attached versus collecting antlers from a road killed animal? Degree of decomposition?
This is just a question that I was wondering if anyone knew the answer to, I am not trying to make any sort of accusation.
This is just a question that I was wondering if anyone knew the answer to, I am not trying to make any sort of accusation.
04-06-2007, 08:05 AM
#17
Nontypical Buck
Join Date: Dec 2006
Location: Lubbock, Texas
Posts: 1,401
RE: Legal?
Actually, it is illegal insome states to take a skull if you find it while shed hunting. If the antlers have dropped off it's okay, but if they are still attached to a skull then it isn't.
Another difference is that you would be taking one animal from a public right of way vs. taking the other from private land. That could make a difference in some states.
Enforcement on any of these is probably pretty loose. Remember it is illegal to spit on the sidewalk still many places but you don't generally see those laws enforced.
Another difference is that you would be taking one animal from a public right of way vs. taking the other from private land. That could make a difference in some states.
Enforcement on any of these is probably pretty loose. Remember it is illegal to spit on the sidewalk still many places but you don't generally see those laws enforced.
04-06-2007, 09:32 AM
#18
Nontypical Buck
Join Date: Feb 2003
Location: Maryland
Posts: 1,364
RE: Legal?
Not legal in MD unless you get a possesion tag from law enforcement. With that being said, almost every buck I see along side the road in the fall has been de-horned. I know some folks who put a hacksaw under their seat when the rut gets close just for that purpose.
04-06-2007, 09:38 AM
#19
Nontypical Buck
Join Date: Feb 2003
Location: Too close to Chicago
Posts: 3,337
RE: Legal?
sjsfire:
I "think" in Illinois you can call the local DNR office and they will issue a permit for the road kill to take. The driver of the vehicle that hit the deer has first choice if they want the deer or not. Then the deer is yours to do with what you want.
I "think" in Illinois you can call the local DNR office and they will issue a permit for the road kill to take. The driver of the vehicle that hit the deer has first choice if they want the deer or not. Then the deer is yours to do with what you want.
Here is the text from the 2007 regs, page 12.
DEER ACCIDENTALLY
KILLED/INJURED BY A
MOTOR VEHICLE
WHAT TO DO IF YOU FIND A DEER THAT WAS
KILLED
/INJURED BY A MOTOR VEHICLE AND
YOU WISH TO CLAIM IT
.
White-tailed deer killed/injured as a result
of a collision with a motor vehicle may be legally
possessed by an individual if the following
criteria are met:
1. The driver of a motor vehicle involved in a
vehicle-deer collision has priority in possessing
said deer. If the driver does not take possession
of the deer before leaving the collision
scene, any citizen of Illinois may possess
and transport the deer.
2. There is no limit to the number of deer that may
be possessed under these circumstances.
3. The person possessing the deer must keep a
personal record which provides the date the
deer was claimed, the sex of the deer, the location
of the kill, and the place where the deer or
deer parts are stored. This information must be
kept until the deer is consumed or is no longer
in the possession of any person. The information
must be provided to any law enforcement
officer who may be investigating the death and
possession of the deer.
Note: If you plan to take
the deer to a taxidermist or tannery you must
make a report to the Department and obtain a
tag. The tag cannot be discarded until the deer
is at the legal residence of the person who
legally claimed the deer. Please call the Office
of Law Enforcement at (217) 782-6431 to
obtain a tag before you deliver the deer to a
taxidermist or tannery. If you take the deer to a
meat processor or process it yourself, you are
not required to report it.
4. Except for any law enforcement officers in the
performance of their duties, it shall be illegal to
kill a deer crippled by a collision with a motor
vehicle.
5. The inedible parts of vehicle-killed deer cannot
be bartered or sold.
6. The State of Illinois is absolved of any
and all liability associated with the handling or
utilization of vehicle-killed deer. This does not,
however, relieve involved parties from reporting
other liabilities to appropriate agencies as
required.
04-06-2007, 10:10 AM
#20
Giant Nontypical
Join Date: Feb 2003
Location: Darien, IL
Posts: 6,744
RE: Legal?
Bulz what you posted strictly clarifys matters involving taking the whole deer for processing, taxi or tanning.
Back to the actual question MadMax asked.........
I can tell you technically here in Illinois the driver ofthe vehicle who struck and killed the deer has 1st rights. If the deer is found dead and no one is around and there is no note on it saying something like, "I hit this deer. I am coming back with a truck to pick it up. John Doe." then it's up for grabs.
However, by taking any part of the animal you now are legally oblidged (responsible) for the entire carcass. If you want to saw the antlers off, fine, butyou are still liable for legal disposal of the entire carcass. Whether or not a CPO is gonna tag you on it is iffy.
Back to the actual question MadMax asked.........
I can tell you technically here in Illinois the driver ofthe vehicle who struck and killed the deer has 1st rights. If the deer is found dead and no one is around and there is no note on it saying something like, "I hit this deer. I am coming back with a truck to pick it up. John Doe." then it's up for grabs.
However, by taking any part of the animal you now are legally oblidged (responsible) for the entire carcass. If you want to saw the antlers off, fine, butyou are still liable for legal disposal of the entire carcass. Whether or not a CPO is gonna tag you on it is iffy.