Who’s Responsibile?
Posted by MikeAdams on October 17, 2008
Last night at work a fellow co-worker and I were discussing the deer baiting ban here in Michigan due to the CWD incident. I proposed a hypothetical question to him and it brought up a multitude of questions.
Here is the scenario, Joe hunter walks out on state land on opening morning to his hunting spot he got ready the weekend before. It is still more than an hour before first light, so he is using his flashlight to find his way in the dark. After a good half hour hike in he finds his deer run that crosses the main trail. He takes his turn down this small beaten out path and proceeds to his make shift deer blind just off the deer trail. He knows that the deer come from up ahead, so he positions himself looking that way.
Now it is beginning to break daylight. The sun is popping up behind him and he can now see clearly as a nice buck is coming down the trail towards him. He takes careful aim and takes his buck! It was only a 20 yard shot and the deer drops in its tracks. After taking a few minutes to calm down and unload his rifle, he gets out his field dressing kit and begins to take care of the deer. As he is finishing up a conservation officer walks up from the direction the deer came and begins to question Joe. The CO then informs Joe that he was hunting over bait. Joe denies the accusation stating that he doesn’t bait and doesn’t know what he is talking about. Then the CO shows Joe the bait pile about 20 yards up the trail from where they were standing.
Now here is my question. Since Joe didn’t put the bait out and it is obviously someone’s other than Joe’s, why should he be held responsible for being near an unseen bait pile? Even though it was in his proximity is it his responsibility to check his hunting area before he sits down each time he hits the woods? Now how far away is he responsible for? Your not going to check all around you for 50 yards in each direction in the dark. This probably isn’t going to happen, but these are some of the problems that I have with the baiting ban here in Michigan.
There are many and I do mean many, hunters that have stated they will bait this year. If that is the case, there will be a lot of bait laying on the ground come opening morning and you had better not be near a pile of it if there is a CO around. Just some food for thought for this upcoming season!
Ouch! That’s mean! Can Joe provide enough argument that it’s not his bait pile? foot prints? bait material not in his vehicle? That’s a tough one. I guess it all depends on what kind of mood the CO is in… and yes, that is one of the problems with the change in the rules.
October 17th, 2008 at 9:23 am
Joe is getting a ticket!
October 17th, 2008 at 11:45 am
Man that would suck big time and if it happened to me I would be ticked. Although I can see that happening and the only way to settle it would be to go to court. Then again how would you go about proving that you didn’t do it other than calling in CIS to help prove it. I would hope that the CO would be reasonable but then again I am sure that there are some out there that would not be. I know of many people who say they are going anyways so as long as people are continuing to bait on state land, which I am sure they will, this will be a potential problem.
October 17th, 2008 at 12:57 pm
Mike you have brought up a real good point. I hope that I can speak for the average law enforcement officer or Conservation Officer on this issue. Joe hunter is not guilty unless Joe LEO/CO has evidence that points to Joe Hunter as the guilty offender. I would ask Joe Hunter to see his DNR License and ensure it’s valid. Then I would walk Joe Hunter to his transportation and ask if he had an issue with me doing a basic and quick search for grain sacks, grain, fruit and/or any related items that show this Joe is or isn’t guilty. The courts would be over loaded if LEO/CO’s don’t use careful discreation. I agree a few cases could pop up in court but I for one will not worry or be discouraged to hunt because of the reaction the state had with this CW disease issue. I do advise readers to follow the mandate/law or chance a big fine and lots of problems that will follow.
I still think that had I been Queen of the DNR for that day I would have maybe put a restriction upon that county and all border counties and monitor them very closely. The idea was right but over reaction might well have taken place. We know the average range of a southern Michigan Whitetail Deer would likely hold it into an area within that county or a neighbor county. This is just one guy and one idea but that would have seemed more enforceable rule as well. ???
October 24th, 2008 at 3:17 pm