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Old April 4, 2012, 11:59 AM   #1
ltc444
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Illegal transportation of deer

A couple From NC have been charged with illegally transporting White Tail Deer Nebraska to NC.

http://www.foxnews.com/us/2012/04/04...est=latestnews

I am planning an out of state hunt. What is a good source dealing with the rules of transport game between states?
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Old April 4, 2012, 12:42 PM   #2
Doyle
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I think the problem with these two is that they were charged with "illegal transportation of an unlawfully killed deer". The key being that state is saying the deer were killed illegally in Nebraska and if they had been legally killed there wouldn't have been a charge. I may be wrong, but that is what I take from the charge.

But, even if that is the case and you do manage to legally kill a deer in another state there could be issues with bringing it back into your state. The problem I'm talking about is with the state's attempt to prevent the spread of Chronic Wasting Disease. There are many states that prohibit the importion of out-of-state meat if it still has bones attached (the bones being the part that can carry CWD). If you live in one of those states, you'll have to be sure that all meet is deboned before transporting it .

Late edit: After reading it, I'm even more convinced that this was the case. The charge was brought by the US Attorney on a federal charge in Nebraska. The only way they would do that is if the deer were taken illegally in the first place.
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Old April 4, 2012, 01:08 PM   #3
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Have to agree with Doyle. "Unlawfully killed" seems to be the key phrase here. If you plan to hunt out of state, make sure you know all of that state's hunting laws (appropriate calibers, acceptable weapon types, etc...) and you should be ok.
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Old April 4, 2012, 08:29 PM   #4
ltc444
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The story was a trigger for my question. If the deer were killed illegally, then I think they should be prosecuted to the fullest extent.

My question is where do I go to for information on transport. Obviously I talk to AZ and the state I hunt in. Are ther fed regs I need to look at.
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Old April 4, 2012, 08:40 PM   #5
TXAZ
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Wow, half a million is serious $'s for 3 illegal deers.
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Last edited by TXAZ; April 7, 2012 at 09:44 AM.
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Old April 4, 2012, 08:50 PM   #6
Doyle
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Quote:
My question is where do I go to for information on transport. Obviously I talk to AZ and the state I hunt in. Are ther fed regs I need to look at.
I would think that everything you would need to know would be contained in the hunting regs for both your state and the one you are hunting in. Fed regs only get involved when there is "interstate commerce". The reason that it applied in the case of the NC couple was that the deer crossed state lines as a part of producing a video for sale.
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Old April 5, 2012, 03:09 AM   #7
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Focus on the CWD angle while you are looking things up. Many states are hard on the issue of keeping it from spreading. Here in FL new regulations have been pasted in the last couple of years.
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Old April 5, 2012, 03:15 AM   #8
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Ran into this problem Myself a few years ago.Was hunting close to the state line in GA,took a nice little buck on the evening hunt. So I needed extra ice because was'nt leaving for home untill the next day The nearest store was in SC. no kiddin 4 miles away.When I came out of the store the game warden was sitting behind my truck looking at blood leaking out of the tailgate.

Thats when IT hit the fan.Starting charges were Illegal out of state hunting,no SC. hunting licence,Illegal transportation of said deer even though it was tagged in GA. 6 hours later with DNR OFFICERS from both states it was decided they would have to see proof of the kill site or I would be jailed.

Now its 1 AM in the woods with flash lights looking at a bloody kill site & I'M told You better be glad you were telling the truth. We've had enough of this poaching crap.Well I told them this was not poaching!!! This set off well we're not finished yet. Back to the camp wake everyone up to varify My story & check licence & every firearm in the club. 5AM back to my truck was told we'll let you know if we need anything else ENJOY your hunt.

NO tickets or charges were made. But I will never kick THAT DOG again
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Old April 5, 2012, 06:30 AM   #9
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Fox News had this story online yesterday. The couple charged had been on Drury's Dream Season and a couple of the kills charged appear to match the timeline of the show. Charges were rendered because it appears they did not purchase a hunting license before taking the bucks in question.

As for determining what's legal for transport in your state, a quick call to your fish and game office should clear that up. I might also advise doing the same for any other states you transit on the way home, just in case you get pulled over.
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Old April 5, 2012, 07:13 AM   #10
Doyle
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Quote:
I might also advise doing the same for any other states you transit on the way home, just in case you get pulled over.
This brings up a couple of thoughts about the best way to carry a deer back without running the risk of causing any troubles in the "in between" states. I would think that it would be easier carrying processed meat than a whole animal. If I were having to carry either a whole animal (or a head for mounting), I think I would try to get hold of the game warden in the state where it was harvested and get him to "certify" the animal as being taken there. That way, any other state would not have reason to suspect the deer was harvested illegally in their state.
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Old April 5, 2012, 07:37 AM   #11
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Good on the feds for getting this indictment. It is an indictment: They have not been found guilty-yet. Look for them to cop a plea.

Too many so called "hunters" are getting away with illegally killing game and transporting it interstate. This couple ran a hunting lodge in Nebraska. They were most likely part of a much larger outlaw operation.

One of our well known local outlaws was caught spotlighting deer. They confiscated his new Dodge diesel pickup and gun, fined him big time and revoked his right to hunt for life: As it should be.

Full story here:

http://www.outdoorhub.com/news/north...-game-charges/
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Old April 5, 2012, 09:53 AM   #12
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These nimrods are being charged under Federal Law. They are accused of violating the Lacey Act (16 U.S.C. §§ 3371–3378) which prohibits the interstate transport of illegaly taken game, fish, and plants.

Hunters need not worry about transporting their game interstate if it was take legaly! Just follow the rules and nothing to wory about.

Remember that the game laws are there to protect our sport!

Quote:
My question is where do I go to for information on transport. Obviously I talk to AZ and the state I hunt in. Are ther fed regs I need to look at.
According to the Lacy act, if game is taken legaly and tagged properly, it can be transported. Most State F&G agencies sell "Interstate Game Tags" that allow for the transport of legaly taken game parts if the license holder is not accompanying the animal. It is very straight forward. Basically, if you shot the critter legally, you can posses it and transport it to your home State.

Big P - The reason you were not issued a ticket is because you did nothing wrong. The reason the Wardens were looking so hard at you is because they can apply FEDERAL LAW if you had poached that deer and drove it across the state line. Many State laws don't have the teeth of the Lacy act as far as penalties, so they were looking for a big score, but when your story proved out, they had to release you. I bet they get several people each year in the same situation that are not honest like you. Thanks for relaying the story, and be proud you were doing things correctly!
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Old April 6, 2012, 06:19 PM   #13
bamaranger
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Lacey Act

The Lacey Act is not a law to tangle with. Felony Lacey charges can run into tens of thousands of dollars, and seizure of involved gear, like guns, vehicles, etc. The Law was intended to address commercial hunting, and the movement of illegally taken game across state lines. But it is often used to address aggrevated poaching cases in places like National Parks and National Forests and other US property. I did not read the link, and cannot say why Nebraska AUSA office went with Lacey in this incident. Typically though, Lacey is used to "hammer" special cases.

Misdemeanor Lacey charges are a bit milder in penalties.

Crossing state lines with game legally taken should not result in Lacy charges.
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Old April 7, 2012, 09:42 AM   #14
TXAZ
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So what if... hopping over the state line

We've previously hunted in a county bordering another state, and it begs the question: If you shoot an animal legally and the fatally wounded animal 'hops' over the state line (assuming you know where that is in the woods), do you follow, do you go get a license for the other state, or let it go? What if you don't know where the line is precisely and follow it?

As the OP noted, this could become a real can of worms without having done anything wrong.
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Old April 7, 2012, 11:04 AM   #15
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Quote:
We've previously hunted in a county bordering another state, and it begs the question: If you shoot an animal legally and the fatally wounded animal 'hops' over the state line (assuming you know where that is in the woods), do you follow, do you go get a license for the other state, or let it go? What if you don't know where the line is precisely and follow it?
Given that the animal would be "taken" in a different state from where you wounded it, you would need a license to hunt in that state.

What if you don't know where the line is? Then it could suck to be you when you get nabbed for poaching. Ignorance is no excuse. If you already know you are going to be close to the state line when you go hunt, then it is in your best interest to know where you are when you are hunting and it may also be a very good idea to have permits from both states.
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Old April 7, 2012, 11:47 AM   #16
Art Eatman
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"...a very good idea to have permits from both states."

If you're actually hunting that close to a state line, you'd do well at least to talk to a game warden whose area of concern is just over the line from where you hunt. Call it cheap insurance. After all, if you can trail a wounded deer, a game warden should be able to back-trail that deer to the place where he was shot.

Or, for the sake of your billfold and peace of mind if you're all that worried about this sort of truly-rare and highly-unlikely problem, be quiet and go home.
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