Post by Woody Williams on Oct 11, 2011 20:58:57 GMT -5
I emailed Scotty Wilson (DNR Director of the Law Enforcement Division)
about the "Lost Buck" thread and asked his opinion on it. This is what he sent me by email...
about the "Lost Buck" thread and asked his opinion on it. This is what he sent me by email...
Woody,
I have gleaned over the discussion you refer to. The laws that are being discussed in this matter are highlighted below. I do not know and cannot testify to all the facts surrounding this incident and offer the following based solely on what little I have read.
It would appear that the individual attempted to abide by the law in all circumstances with the exception of the head remaining on the carcass until it had been checked in. According to his post he did check with the check station prior to removing the head and was advised not to bring the rotten carcass into the check station. Was that the best advice? A logical and reasonable person would agree that it was. Was it within the parameters of the rule? Technically, No.
While the laws are black and white, the enforcement of the laws are not always that easy. Indiana Conservation Officers are given and expected to use discretion according to the circumstances surrounding the incident. We try to determine intent and along with any available evidence, apply the proper and fair enforcement action when necessary. In other words to be the referee. The call will not always be the same depending on the relevant facts and circumstances.
We expect all rules/laws to be followed. We understand there will be extenuating circumstances in some cases and will use discretion in determining the outcome.
My advice is to always contact an ICO for advice and authorization on matters such as this. We do not try to make criminals out of innocent citizens.
In the scenario depicted on your site it would appear that logical and reasonable decisions were made regarding some unfortunate circumstances.
Colonel Scotty Wilson
Director - Law Enforcement Division
Indiana Department of Natural Resources
402 West Washington Street, Room W255D
Indianapolis, Indiana 46204
FBINA 215th Session
IC 14-22-10-7
Effort to retrieve crippled or killed wild animals
Sec. 7. A person may not kill or cripple a wild animal without making a reasonable effort to retrieve the animal and include the animal in the person's daily bag limit.
312 IAC 9-3-2 General requirements and licenses for hunting deer
(k) An individual must, immediately upon taking a deer, attach a piece of paper to the deer that states the following:
(1) The name and address of the individual who took the deer.
(2) The license number (if applicable) of the individual who took the deer.
(3) The sex of the deer.
(4) The month and day the deer was taken.
A deer must be tagged with the piece of paper before leaving the field. A deer that is in the field is not required to be tagged if the
individual who takes the deer maintains immediate custody of, and constant visual contact with, the deer carcass
(l) An individual who takes a deer must cause delivery of the deer carcass to an official checking station for registration in the name of the individual who took the deer on the occurrence of the earlier of the following:
(1) Within forty-eight (48) hours of the taking of the deer.
(2) Before the deer is removed from this state.
The individual who delivers the deer carcass to an official checking station for registration must provide true and accurate information for the check station logs, including the name and license number of the individual who took the deer and the date the deer was taken.
(m) The head of a deer must remain attached to the carcass until the tag is attached and locked at the deer checking station.
(u) Notwithstanding subsection (s), an individual may use dogs only while on a leash to track or trail wounded deer.
I have gleaned over the discussion you refer to. The laws that are being discussed in this matter are highlighted below. I do not know and cannot testify to all the facts surrounding this incident and offer the following based solely on what little I have read.
It would appear that the individual attempted to abide by the law in all circumstances with the exception of the head remaining on the carcass until it had been checked in. According to his post he did check with the check station prior to removing the head and was advised not to bring the rotten carcass into the check station. Was that the best advice? A logical and reasonable person would agree that it was. Was it within the parameters of the rule? Technically, No.
While the laws are black and white, the enforcement of the laws are not always that easy. Indiana Conservation Officers are given and expected to use discretion according to the circumstances surrounding the incident. We try to determine intent and along with any available evidence, apply the proper and fair enforcement action when necessary. In other words to be the referee. The call will not always be the same depending on the relevant facts and circumstances.
We expect all rules/laws to be followed. We understand there will be extenuating circumstances in some cases and will use discretion in determining the outcome.
My advice is to always contact an ICO for advice and authorization on matters such as this. We do not try to make criminals out of innocent citizens.
In the scenario depicted on your site it would appear that logical and reasonable decisions were made regarding some unfortunate circumstances.
Colonel Scotty Wilson
Director - Law Enforcement Division
Indiana Department of Natural Resources
402 West Washington Street, Room W255D
Indianapolis, Indiana 46204
FBINA 215th Session
IC 14-22-10-7
Effort to retrieve crippled or killed wild animals
Sec. 7. A person may not kill or cripple a wild animal without making a reasonable effort to retrieve the animal and include the animal in the person's daily bag limit.
312 IAC 9-3-2 General requirements and licenses for hunting deer
(k) An individual must, immediately upon taking a deer, attach a piece of paper to the deer that states the following:
(1) The name and address of the individual who took the deer.
(2) The license number (if applicable) of the individual who took the deer.
(3) The sex of the deer.
(4) The month and day the deer was taken.
A deer must be tagged with the piece of paper before leaving the field. A deer that is in the field is not required to be tagged if the
individual who takes the deer maintains immediate custody of, and constant visual contact with, the deer carcass
(l) An individual who takes a deer must cause delivery of the deer carcass to an official checking station for registration in the name of the individual who took the deer on the occurrence of the earlier of the following:
(1) Within forty-eight (48) hours of the taking of the deer.
(2) Before the deer is removed from this state.
The individual who delivers the deer carcass to an official checking station for registration must provide true and accurate information for the check station logs, including the name and license number of the individual who took the deer and the date the deer was taken.
(m) The head of a deer must remain attached to the carcass until the tag is attached and locked at the deer checking station.
(u) Notwithstanding subsection (s), an individual may use dogs only while on a leash to track or trail wounded deer.