I'm sure that he will tell you that Joe Hunter's action was illegal.

I'm sure that he'll tell you that Joe Hunter should've contacted someone from the PGC or a WCO to handle that situation.

If I was placed in that same situation as Joe Hunter, my action would be the same as Joe Hunter. Legal or not, there's no way I'm leaving the woods to contact anyone and take the chance of this animal roaming and venturing off and possibly infecting other animals.

ORIGINAL: draketrutta

ORIGINAL: RSB


I’m not sure about the numbers for 2011 yet since I have not seen a release on the totals. But, I have not heard anything about increasing numbers so I suspect it is about as usual.
 
Here are the facts on some past-confirmed rabies cases in the state by species.
 
Species___________2006_____________2008______________2010
Raccoon__________283______________228_______________217
Skunk____________62_______________71________________56
Cat_______________58_______________49________________56
Bat_______________41_______________43_________________29
Fox_______________32_______________24________________25
Cow______________6________________3_________________7
Groundhog_________6________________2_________________5
Dog_______________4________________3_________________4
Deer______________4________________1_________________4
Coyote____________2________________0_________________0
Bobcat____________1________________1_________________0
Horse_____________1________________0_________________5
Goat______________1________________1_________________0
Fisher_____________1________________0_________________0
Llama_____________1________________0_________________0
Ferrett_____________1________________0_________________0
 
Total_____________504______________426________________410
 
It actually appears that confirmed rabies cases are on the decline. But, people, especially hunters and trappers, need to take extra precautions when handling dead animals and no live animals should ever be approached. Any wild animal that would let you get close enough to touch it becomes suspect for something being seriously wrong with it.
 
Also, the fact that the number of confirmed cases might be declining may not mean that the number of rabid wild animals is declining. The only animals that get tested are the ones with a positive contact with either a person or domestic animal. We handle a fair number of animals that are highly suspect where no contact occurred so those animals are just buried or incinerated without being tested.
 
Rabies is nothing to mess with so everyone needs to take precautions to avoid it and that includes wearing gloves anytime you are handling wildlife even if it is dead.
 
R.S. Bodenhorn  Â 

interesting stats on the coyotes & bobcats.

Legality question for you RSB, if you don't mind.

Joe Hunter is afield one day, ( not on private property or woking farm) and encounters a very messed up agresssive (thinking Rabies) Racoon and shoots it out of season...
Joe Hunter thinks he did the world a favor.

Legal or Not?

just curious

 
The answer to your question is actually found in the following sections of the law but if you read and understand the law you will also see that the investigation WCO has the power to exonerate the person doing the killing if there is evidence to support that a was necessary to protect any person.
 
The law does not provide a legal means to a citizen to kill any wildlife just because they think it is acting strange.
 
People make bad decisions on that all the time as evidence by the dozens of calls I get every year from people seeing fox during daylight hours and believe it must be sick and should be killed. The fact is that fox so hunt during the day and often close to homes when they have young that are reaching the point they are about to be weaned. As the pups get older they eat more and the adults have to hunt a lot more to find enough food to sustain themselves and the pups. Simply many people do not know enough about the real facts of what is normal or abnomal behavior for many species to make the right decisions on when to kill it and when to simply leave it alone.
 
Here is the law that sets down when it is legal to kill wildlife in a closed season period.
   
Sec. 2141. Killing game or wildlife to protect person.
 
(a) General rule.--It is unlawful for a person to kill any game or wildlife as a means of protection unless it is clearly evident from all the facts that a human is endangered to a degree that the immediate destruction of the game or wildlife is necessary.
 
(b) Report, safekeeping and investigation.--A person killing any game or wildlife under this subchapter shall report the event to an officer as soon as possible following the incident but in no case later than 24 hours, provide for safekeeping of the game or wildlife intact at the place where it was killed and be available for interview by the officer. The person killing the game or wildlife shall answer, without evasion, any pertinent questions of the officer making the investigation.
 
(c) Exoneration.--At the conclusion of any investigation when any game or wildlife is allegedly killed as protection to a person, the officer may exonerate the person for the otherwise unlawful killing of the game or wildlife. In all cases the officer shall seize and dispose of the game or wildlife as required by this title or upon instructions of the director.
 
(d) Prosecution.--Any officer making an investigation when game or wildlife was allegedly killed as a protection to a person shall proceed with prosecution as though the game or wildlife was unlawfully killed if the officer is dissatisfied with the explanation of the person killing the game or wildlife or if the physical facts of the killing do not support and sustain the facts alleged by the person killing the game or wildlife.
 
(e) Penalties.--A violation of this section relating to:
(1) Threatened or endangered species is a misdemeanor of the third degree.
(2) Elk or bear is a summary offense of the first degree.
(3) Deer is a summary offense of the second degree.
(4) Bobcat or otter is a summary offense of the third degree.
(5) Wild turkey or beaver is a summary offense of the fourth degree.
(6) Any other game or wildlife is a summary offense of the fifth degree.
 
Under Section 2307 you can find the following that allows certain persons to kill wildlife that would be sick or injured beyond what is permitted within Section 2141 above.
 
(d) Exceptions.--This section shall not apply to:
 
(1)     Authorized individuals who euthanize critically injured game or wildlife, which shall be permitted when it is reasonable to believe that the chance of survival of the injured game or wildlife is minimal or the injured game or wildlife poses a threat to human safety.
 
(f) Definition.--As used in this section, the term "Authorized Individual" means any person who:
 
(1) Has 18 Pa. C.S. enforcement powers.
 
(2) Is a currently employed waterway conservation officer or deputy waterway conservation officer.
 
(3) Is a currently employed wildlife conservation officer or deputy wildlife conservation officer.
 
(4) Is a currently employed state park ranger or a state forest ranger.
 
(5) Is a veterinarian licensed to practice in the United States.
 
Now with all of this said it really comes down to each instance of a sick or injured animal gets evaluated on its own merits. But, the law says only those above can legally kill wildlife in close season. If a person uses good judgment on killing a sick animal though they probably will not be charged. If they do not use good judgment they very well could be though.
 
R.S. Bodenhorn

     A goodly portion of the animals  I  eliminated were in the course of LE duties and responding to calls on my own accord where Patrol was sent to Strange acting animals. You would be surprised how many guys 'on the job' have little or no outdoor experience and simply have no idea bout wild animals--Urbies.
     Heard a FOX call once wherein the critter had a newspaper kid cornered ona car roof. When I got there the Fox was sittin on the kids bike and the kid was standing on the roof of somebodys 4 door in the driveway. Neighbors all over lookin outa windows,
      Fox came right to me upon arrival and started a slow circle around me- BOOM. BTW never shoot suspected animals in the head- a body shot will do as they need the brain to determine Rabies- that Fox tested positive.
      Like Doc was tryin to point out- Rabies is scarey stuff.
  On the flip side went to a strange actin Coon one night  - It was tryin to rip into a screen window on a house. Looked like a lost pet to me and ended up sittin on my shoulder ( much to the surprise of the neighbors and other cops) and then into the trunk for a ride out into the country and a release. Was friendly as could be.

Many years ago I called a WCO on a Fox Acting unnatural. After we talked he told me to care of the critter and suggested that in the future ("If I Was Sure it had a problem") use the SBS method. Shoot, Bury, Shutup. He wanted to know about Deer, Bear, turkey or Dogs.

Nice story Drake-  Urbies- no clue.
Those guys get their outdoor info from those 'finding bigfoot' shows where everyone runs around the woods at night with flashlights looking for Sasquatch. Thats bout the limit of their outdoor expereince and the really believe it is what to do -
When they run into an actual animal they are kinda scardey- cat that it may hurt them.. lol

Right on Doc- problem is they vote too and will ultimately have huge impact on our sport- if not already.