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SB88 Senate testimony

Discussion in 'Chesapeake Flyway Forum' started by Backpeddler, Feb 10, 2015.

  1. carolina girl

    carolina girl Elite Refuge Member

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    Who hunts everyday?

    Also, if everyone baited, the allure of it would no longer exist. Neither would the advantage.

    Instead of one pile attracting all the ducks, there would by 10,000 piles and we would be right back where we started.
     
  2. Scotty

    Scotty Elite Refuge Member

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    Jonathan you are right, not many oeople would support a 12 bird per season limit. For a lot of us that would be a 2 day duck season and a 6 day goose season.

    Here is an interesting concept, we have a season limit. It's 360 ducks.

    Even if baiting were legal, I still wouldn't do it. Waterfowling to me is a challenge, and an art. Baiting would seriously cheapen that and ruin it for me.

    We are off the topic here. Lets try to get back on track.

    Jonathan, I ask another scenario. You get visited by a warden who says your neighbor is baiting 299 yards from your blind, and you are in violation. Is that fair? Under the current law, you are required to receive a ticket. Under the federal law, you could have gone to the property line to see if your immediate area was baited, and that would have been enough to satisfy your responsibility.
    But, even if you did that, now you would be in trouble.

    Is this fair to you? Now you have the means to take the day off, afford a lawyer, etc... What about the retired guy or young college kid who doesn't? They just have this mark on their record?

    I guess I can see where you are coming from because you do understand the inner workings of the judicial system better than most of us, but I understand what is fair and strict liability is not fair at all.

    Say I am at a public spot, and the guy across the street is baiting but I have no idea, why would it be ok for an NRP officer to write me a ticket?

    You guys keep saying officers won't, and maybe guys like eye or some of the older officers wouldn't- but what about these newer, younger, less waterfowl hinting savvy officers? What happens when the "old heads" retire and the supervisors and officers are now a bunch of men and women who never hunted anything, but went and got a criminal justice degree and want to be promoted or look as good as possible and stop using common sense and discretion? When they start writing up every minor violation regardless of intent or situation?

    Since there has never been a number on zone of influence, why would it be fair for a guy to receive a fine for bait a mile away?

    I think the supporters of this bill see the writing on the wall and see that the face of the NRP is changing, and the newer officers are far less experienced and may not understand the nuances of hunting and fishing. Personally, I read laws pretty darn literally, and do my best to follow them. I however cannot control what the neighbor does, and under strict liability I am in violation. At least with the federal standard, I could at least do my best to make sure I'm legal. Known or should have known wording means that I made the best effort possible to clear my area. I can't trespass, but I can walk the property line, and make sure MY area isn't baited.

    Because I hunt primarily public land, removing the SL law makes it way harder for me to be written up based on the neighbors activity, and THAT is why I am supporting this bill!!
     
  3. blinddog

    blinddog Elite Refuge Member

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    Not sure if the assumptions you are making are correct.

    Can we safely harvest more than the average?

    Are harvests really going to increase dramatically? Everyone killing their limit every day over bait is just not credible. If everyone is permitted to use bait, then the draw is much decreased.
     
  4. honga

    honga Senior Refuge Member

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    Once again if your neighbor is feeding next door and you are not working with him to feed his property and hunt your property there is no violation. 300 yards has nothing to do with it. There have been cases where a blind was shut down because they were to close to a feeding situation, a water blind literally a broad jump away, but there were no citations issued because you can't control what your neighbor does.

    I can think of no cases that saw a hunter charged under SL while hunting a public area baited by some unknown person. The areas were closed to hunting but the only charges placed were those placed on the person who baited the area, or no charges at all if the baiter was not identified.
     
    Last edited: Feb 20, 2015
  5. Scotty

    Scotty Elite Refuge Member

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    That's in YOUR opinion, that is not what the law states.
     
  6. carolina girl

    carolina girl Elite Refuge Member

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    .....but, under strict liability, they could be charged.

    Correct?
     
  7. honga

    honga Senior Refuge Member

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    Scotty,
    The law says nothing about the next door neighbor and it is not just opinion it is the practice and policy we used in enforcing baiting law. That is what I did for almost 25 years so I know what the law says and I know how it was applied...you don't.

    Carolina Girl,
    If you are talking about public areas I suppose they could be charged under a strict interpretation of the law but policy and application in those situations has never resulted in any charges to my knowledge.
     
    Last edited: Feb 20, 2015
  8. Allan

    Allan Elite Refuge Member

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    Did the neighbor admit to putting the food out in these situations?
     
  9. Allan

    Allan Elite Refuge Member

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    There is a recurring theme here by ex-game wardens, and it is that while we have SL on the books, in practice and by policy, we choose not to use it. It does beg the question - why have it on the books at all?
     
  10. honga

    honga Senior Refuge Member

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    Yes the neighbor was very open about it and had fed that spot for years. The person who put the blind up knew it as well and thought he had a good thing going. We closed him down but probably could have let him hunt and charged him. We gave him the same benefit of doubt that we did for all in those situations.
     
    Last edited: Feb 20, 2015

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