Situation with PGC

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Goodsy
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2012/01/18 21:02:08 (permalink)

Situation with PGC

I know a guy that recently had an interesting situation unfold with the PGC. This guy hit a good buck in archery. He looked and looked and could not find it. He continued to look after archery and even after rifle because he knew the buck could not survive the hit he made. He ended up finding it during the second archery season. He put his tag on it and took head back to his house and cleaned it all up(boiled skull) and hung it on his wall. In the process of all of this, someone whom he told the story told him he should let the game commission know so that it was on the up and up. He ended up letting the PGC know about the situation. Low and behold after he did that he got a knock on his door and it was the PGC. The PGC took the head and said that they were taking it and if he wanted it he could purchase it off them. Apparently there is some kind of time limit on when a kill is considered a kill.

Not sure I agree with the actions of the PGC and they really must have too much to do this time of year, but I guess there is probably something buried in the game book regarding this situation and I do not have the energy to dig for it. On the bright side, I think the guy is going to fight the situation through the magistrate. Not sure what good it will do, but at least he will make them do some work. I will probably take a beating on here for not knowing what this guy did wrong, but honestly I see nothing wrong with what he has done except inform the PGC. It is a shame the meat was wasted, but I am sure there are some critters didn't care.


Goodsy
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    retired guy
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    RE: Situation with PGC 2012/01/18 21:21:12 (permalink)
    Made mention in that post bout some poor guy gettin shot recently- YA CANT TEACH COMMON SENSE
    #2
    dpms
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    RE: Situation with PGC 2012/01/18 21:53:54 (permalink)
    ORIGINAL: Goodsy

    The PGC took the head and said that they were taking it and if he wanted it he could purchase it off them. Apparently there is some kind of time limit on when a kill is considered a kill.


     
    If he put his antlered tag on it, I don't understand what rule was broken? Never heard of a time limit to tag a recovered deer. 

    My rifle is a black rifle
    #3
    Eman89so
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    RE: Situation with PGC 2012/01/18 22:28:38 (permalink)
    This is a situation that you need to ask RSB about he would be able to answer this question
    post edited by Eman89so - 2012/01/18 22:29:14
    #4
    draketrutta
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    RE: Situation with PGC 2012/01/18 22:57:42 (permalink)
    Hopefully the magistrate possesses common sense & decency and will rule in the hunter's favor.

    The Guy was toeing the line, The WCO's overstepped the line and should have applied a liberal interpretation of a moronic regulation (that I have never heard of).

    JackBoots sure put a dent in public relations.
    post edited by draketrutta - 2012/01/18 22:59:00
    #5
    ridgehunter
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    RE: Situation with PGC 2012/01/19 08:06:47 (permalink)
    He shot it, he found it, he tagged it.

    Was there really a need to call a WCO?


    #6
    Dr. Trout
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    RE: Situation with PGC 2012/01/19 08:18:37 (permalink)
    I can't figure this one out at all....

    If I find shed antlers I can keep them, do you mean to tell me if I find a deer skeleton I can not keep the skull ????

    The guy used his tag ???

    I sure hope the WCO in this case doesn't come around this area, that sounds a little cruel to me !!!!

    Hopefully the magistrate will rule in favor of the hunter who killed that deer and not the PGC in this case..
    #7
    dpms
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    RE: Situation with PGC 2012/01/19 08:29:32 (permalink)
    ORIGINAL: Dr. Trout

    I can't figure this one out at all....

    If I find shed antlers I can keep them, do you mean to tell me if I find a deer skeleton I can not keep the skull ????



    Sheds are good to go.  I believe dead heads, by law, must be left to lay unless tagged with a valid antlered tag.  Could be wrong but I think that is the case. 

    In this case, the fellow states it was tagged. I don't see the issue.
    post edited by dpms - 2012/01/19 08:30:50

    My rifle is a black rifle
    #8
    woodnickle
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    RE: Situation with PGC 2012/01/19 08:37:42 (permalink)
    If it was tagged during a legal season....I don,t get it

    #9
    S-10
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    RE: Situation with PGC 2012/01/19 09:14:37 (permalink)
    It's probably one of those cases where the law was enacted for a altogether different reason than what took place. The problem is that if the law is on he books and a WCO is made aware of it he may have felt he had no choice but to do what the law stated.
    That sounds like another case where WCO discretion came into play and this time WCO discretion gave the PGC a black eye if it happened like we are being told.
    Sometimes it is better just to do what you you think is reasonable and say nothing.
    #10
    ridgehunter
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    RE: Situation with PGC 2012/01/19 09:15:41 (permalink)

    It's possible that the magistrate can rule in his favor if he can prove that he tagged it.  If he tagged it, did he report the kill on-line, by phone or by harvest report post card?

    If he did, he may be able to obtain his report info and have it available to present to the magistrate.  If he didn't report the kill, then it would be a waste of time. IMO


    #11
    RSB
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    RE: Situation with PGC 2012/01/19 17:16:13 (permalink)
    I would suspect there is more to this story that isn’t being told.
     
    It would not be illegal to place your tag on a deer you took during a legal season and with a legal weapon. It is not illegal to pick up a naturally shed antler. It is illegal to remove a deer skull and antlers that were not legally shed.
     
    As I said, I believe there has to be more to this story since there would be no way for a District Judge to make any ruling on the matter unless there was also a citation involved.
     R.S. Bodenhorn
    #12
    Goodsy
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    RE: Situation with PGC 2012/01/19 18:19:11 (permalink)
    No more to the story.....I talked to him tonight and the PGC is giving the antlers back. They must have determined no laws were broken.

    Apparently the reason he called the PGC to begin with is because he figured the harvest date was in October and he did not report it until January. He wanted to clear up the fact that he did not call within the 10 days required. I guess the harvest date could have been in January when he finally found it, but he did not look at it that way.
    #13
    RSB
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    RE: Situation with PGC 2012/01/19 22:17:37 (permalink)
    ORIGINAL: Goodsy

    No more to the story.....I talked to him tonight and the PGC is giving the antlers back. They must have determined no laws were broken.

    Apparently the reason he called the PGC to begin with is because he figured the harvest date was in October and he did not report it until January. He wanted to clear up the fact that he did not call within the 10 days required. I guess the harvest date could have been in January when he finally found it, but he did not look at it that way.

     
    Ok, that sounds a lot better and pretty much the way if should have worked out if the entire story was as originally posted.
     
    As for those that that worry about getting fine if they forgot to send in their report card within the 10 days, they don’t have to worry about get a fine for being late if they just send it in. Anyone who forgot can still send it and they aren’t going to get a fine for being late. As long as they have the report before the middle of February or even the first of March it would still be data they could enter and worth sending it in.
     
    I know people are afraid they will get a fine for mailing it late, but I promise you they will not get a fine for just being late. It is when we can prove that they didn’t send it at all that they get a fine.
     
    R.S. Bodenhorn
    #14
    bingsbaits
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    RE: Situation with PGC 2012/01/20 06:51:19 (permalink)
    When exactly was the last time someone was fined for not reporting ??

    You said yourself it is not enforced.

    "There is a pleasure in Angling that no one knows but the Angler himself". WB
     
     


    #15
    Cold
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    RE: Situation with PGC 2012/01/20 11:25:50 (permalink)
    It's situations like this that create animosity between sportsmen and the regulatory commissions in this state. It also encourages people to be dishonest, and to bend, or even break the laws when they know (or feel) that doing things the way the state wants them to will only lead to unnecessary grief, hassle, and aggravation.
    #16
    World Famous
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    RE: Situation with PGC 2012/01/20 14:42:18 (permalink)
    +1....WF
    #17
    treesparrow
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    RE: Situation with PGC 2012/01/20 17:01:23 (permalink)
    I can be living proof that R.S.B. is correct about not getting fined for turning in harvest report late. I have done it several times. Can't find report card, or just my insistant procrastination. I think though in my 44 years of hunting I have allways reported.
    #18
    RSB
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    RE: Situation with PGC 2012/01/20 21:31:27 (permalink)
    ORIGINAL: bingsbaits

    When exactly was the last time someone was fined for not reporting ??

    You said yourself it is not enforced.

     
    It is not all that uncommon to cite someone for failure to report. I have charged people with failure to report pretty frequently when I have had the proof they killed a deer and then didn’t report it. It was easier to prove when each license had its own report card and I had their report card in my hands well after it should have been sent in. But, I can sometimes still prove a case even without the mail in cards. I haven’t cite anyone for failure to report yet this year, it is still too early for that, but I did following the 2010 season and suspect I will cite some for failure to report later this year too.
     
    But, I have a Judge that isn’t as easily fooled by the “it must have been lost it in the mail” story so I tend to charge more people for that offense than some WCOs who don’t have a Judge that reads lies as well as my Judge does.  
     
    R.S. Bodenhorn
    #19
    spoonchucker
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    RE: Situation with PGC 2012/01/20 22:53:43 (permalink)
    From the 2009-2010 annual report.

    "That the investment in training increases the professionalism and technical competence
    of Game Commission officers can be seen in our enforcement statistics. Officers
    encountered 18,684 violations during this fiscal year through high visibility patrol, selective
    enforcement operations, overt and covert investigations, surveillance operations
    and complaint response. The enforcement actions taken by officers encountering those
    violations resulted in 12,129 warnings and 6,555 citations being issued
    —a rate of almost
    two to one —indicating our officers’ discretion in balancing enforcements effort
    to focus on the violations with the most impact to the wildlife resource. Of the violations
    cited, the conviction rate was 96 percent
    , further attesting to the discretion, technical
    competence and professionalism of Game Commission officers. The ratio of appeals
    of initial convictions was a mere 0.7 percent.
    The final measurement of the training investment is the low citizen complaint to
    enforcement contact ratio. Only six complaints were received against officers this year,
    none of which proved to be founded.
    The top 10 violations prosecuted this year were:
    1. Unlawful taking or possession of game or wildlife – 704 prosecutions.
    2. Operating vehicles on Game Lands in areas closed to travel, primarily ATV violations
    – 388 prosecutions.
    3. Possession of a loaded firearm in a stationary vehicle – 324 prosecutions.
    4. Hunting or taking wildlife through the use of bait or enticement – 316 prosecutions.
    5. Safety zone violations – 224 prosecutions.
    6. Big game tagging violations – 221 prosecutions.
    7. Unlawful use of lights while hunting – 199 prosecutions.
    8. Casting a light after 11 p.m. – 190 prosecutions.
    9. Possession of a loaded firearm in a moving motor vehicle – 173 prosecutions.
    10. Hunting or taking wildlife through use of a motor vehicle – 166 prosecutions."

    Doesn't exactly make a case for WCO's being out of control "jackboots"

    Get Informed, Get Involved, And Make A Difference.

    Step Up, or Step Aside


    The next time you say "Somebody should do something", remember that YOU are somebody.

    GL
    #20
    S-10
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    RE: Situation with PGC 2012/01/21 08:33:30 (permalink)
    It will be interesting to see how those stats change now that (in most cases) the fine and penalties will be far greater than the cost of defending yourself against the charges. In the past it was far cheaper to pay the penalty and go on with life. With the new laws regarding violations a lawyers fee won't seem so steep for a person charged with a violation when compared to the potential penalty.
    #21
    Big Tuna
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    RE: Situation with PGC 2012/01/21 09:13:08 (permalink)
    I have lost my respect for PGC.They always make you feel like you've done something wrong. I've been check by two different wardens in Ohio and both guys where really nice and even offered places to hunt.
    #22
    Goodsy
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    RE: Situation with PGC 2012/01/21 14:33:15 (permalink)
    Guilty until proven innocent....
    #23
    retired guy
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    RE: Situation with PGC 2012/01/21 23:21:03 (permalink)
    Lets face it- Game laws do NOT get their due in court. No matter where ya are.
      Put yourself in the Judges place- HMMMMM here is a docket full of burglars and dopers and assaulters and other crooks with records -now  guy who shot 3 Pheasants instead of 2.
        Well he had a lisense- it was in season- he was legally armed and where he was supposed to be--- compared to the burglars and dopers and other crooks --------
      Court time is very limited compared to the numbers on the docket and the game guy will pay a big number to some charity for a lousy nolle so let it be---Move on to the REAL crooks who prey of people( their opinion-not mine)
    #24
    bingsbaits
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    RE: Situation with PGC 2012/01/22 07:56:52 (permalink)
    Only if you have a Judge in your back pocket.

    "There is a pleasure in Angling that no one knows but the Angler himself". WB
     
     


    #25
    dpms
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    RE: Situation with PGC 2012/01/22 08:55:14 (permalink)
    Recently found out some interesting news that relates to this thread.  Did you fellows realize that it is illegal to track and tag a game animal after legal shooting hours close?  Whether that is during the night in between two legal days of the season or after the season closes.
     
     
    There is a discussion going on a different board that is similar to this.  I guess that is the law but officers usually do not cite because of discretion unless the act of tracking and recovery is occuring way after a season closed which brings in suspician of poaching.
     
    So, finding your buck and tagging it a few weeks after the close of the season is an illegal act, by law. Officer discretion determines the outcome.

    My rifle is a black rifle
    #26
    Dr. Trout
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    RE: Situation with PGC 2012/01/22 09:17:11 (permalink)
    Gene==

    My local WCO has told me as long as I call and tell PGC district and notified them I am tracking or retreiving a harvested animal after shooting hours it would be okay to do so with NO WEAPON...

    He said to call and follow what ever they tell me to do...
    #27
    dpms
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    RE: Situation with PGC 2012/01/22 09:21:50 (permalink)
    Yep. Good to do since the act itself is illegal.  Never realized that tracking and recovering a animal after legal shooting hours is an illegal act. Or that finding a buck after the close of the season and tagging it was also illegal.
    post edited by dpms - 2012/01/22 09:29:34

    My rifle is a black rifle
    #28
    S-10
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    RE: Situation with PGC 2012/01/22 09:33:31 (permalink)
    This must be a relatively new law because a number of years ago a friend was showing me a new hunting area the day before rifle season for deer and we came on four fellows, two of whom were DWCO'S looking for a bear one of the DWCO's had hit the second day of bear season. They were all armed and said because the bear was wounded and dangerous it was legal for them to continue to hunt it. We felt it was BS at the time but were in no position do do much about it.
    #29
    ridgehunter
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    RE: Situation with PGC 2012/01/22 09:34:53 (permalink)
    ORIGINAL: dpms

    Recently found out some interesting news that relates to this thread.  Did you fellows realize that it is illegal to track and tag a game animal after legal shooting hours close?  Whether that is during the night in between two legal days of the season or after the season closes.


    Yes.  You would have to contact and inform a local WCO of your actions. 

    It's kind of crazy that the game law requires all hunters to make every effort to recover game but at the same time hunters are being limited to do so in this situation.

    As a bowhunter, I've hunted in the fall season right up to the last minute of shooting hours like everyone else does.  in 2001 I arrowed a decent 8pt. about 15 min. before shooting hr ended.  Took me about 30-40 minutes to recover it which put me in an illegal situation.  Due to the warm weather there was no way in hell I was leaving that animal in the wood somewhere while I go and contact a warden about my intentions.

    I dressed him, tagged him and dragged him out well after shooting hr expired.  Had I been stopped by a warden, well I was prepare to suffer the consequences.
    #30
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