BS violation today

Billy Goat

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I'm confused, if written a warning, I thought that's not a violation. Just a written warning so if caught again they have a record of it already happening.

If it was a ticket you would have been actually written up.

Maybe it's different language.


I hope non of y'all waterfowl hunt and find out about the zone of influence. Turkeys would easily travel 300 yards to bait. With waterfowl you can be ticketed for hunting under birds flying to a baited area 10 miles away.


To walk past a feeder on a road seems to me akin to driving past a speed limit sign, then saying you didn't see it. I'm not from a bait state so I don't know.
 

GSPHUNTER

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Lengthy I know...So I took my son on his first turkey hunt this morning. Arkansas youth weekend. Went to a lease that I’m a member of. We walked down an old road that I’ve used for locating birds my entire life. Someone had a deer stand and a corn feeder still up from deer seasons. We walked straight by it and down the ridge another 300 yards. I proceeded to crack off a few calls but heard zip in return. Walked back towards my truck and when we went by the feeder, 3 wardens stood up out of the brush. My son (13) was given a warning for hunting over bait. I was given the same warning and issued a citation for “aiding/abetting” because I supposedly let him do it.
I know you can’t bait turkeys. I never have and never will. I honestly didn’t even pay attention to the feeder because it wasn’t mine and I didn’t even know it was there until we topped the ridge. There was still some corn in the feeder and a tiny bit on the ground.
Didn’t matter to the warden. Simply wrong place, wrong time. But not the way a kid should be introduced to Game and Fish officers. Most are simply doing their jobs. But this was overboard. I will be fighting it in court. Thoughts???
That sounds like California wardens. Always looking to give out citations.
 

huntineveryday

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You acknowledge that you saw it on the walk in, and I would think one could argue a turkey could respond to calling from 300 yards away, so I think there would be a case that the feeder could have been aiding your efforts. I think the only argument you'd have is if you couldn't see that it was actively being used and wouldn't have had reason to believe it was actively being used.

I'd be pretty pissed at whoever was still running corn through that feeder. They were actively baiting during turkey season and putting other members of the lease at risk of being cited. I'd want to find out who it was and demand that they pay the fines if it's a hunting lease.
 

Farmer9770

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You will win in court. It aggravates me seeing wardens write bs tickets. We should all be working together to weed out poachers, sounds like they are revenue collecting.
 

fwafwow

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So game wardens need permission to access private land in Arkansas? I was under the impression they don’t need permission.
 

Felix40

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I don’t really understand what’s bs. You hunted a baited property after walking within sight of the bait.

In NM the regs are strict liability so you wouldn’t have much chance trying to fight this. I don’t know what it’s like in your state.
 
OP
Gapmaster

Gapmaster

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Here's another take on it........how big is the property? Is all the property around it private or public? A warden could make a case that there was an active feeder on the hunting lease property, which is being used to attract birds from other properties "to the leased property" for the purpose of hunting them........regardless how far away from the feeder you are, and regardless whether that was YOUR intent or not. The facts are........there's an active feeder during turkey season on that lease.........and your son was hunting that lease.
1,800 acres. What’s strange is there are only two of us that even turkey hunt on it. I know it wasn’t the other gentleman’s. Lots of un answered questions on my end
 
OP
Gapmaster

Gapmaster

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I don’t really understand what’s bs. You hunted a baited property after walking within sight of the bait.

In NM the regs are strict liability so you wouldn’t have much chance trying to fight this. I don’t know what it’s like in your state.
I didn’t hunt on the baited area. Honestly didn’t even think twice about it. Didn’t even know there was corn in it until they told us. There are probably 10 feeders on that lease right now that are empty and just sitting there. Was just an honest “wrong place wrong time” thing. I feel like they could have at least listened to our explanation.
 

Felix40

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I didn’t hunt on the baited area. Honestly didn’t even think twice about it. Didn’t even know there was corn in it until they told us. There are probably 10 feeders on that lease right now that are empty and just sitting there. Was just an honest “wrong place wrong time” thing. I feel like they could have at least listened to our explanation.
The problem with listening to your excuse is that literally every single person has one. People will lie to your face and swear they didn’t know they were messing up.

And yeah, 300 yards from bait can easily be considered the “baited area” depending on who you ask. Pretty easy to call a bird 300 yds.

I’m not saying you were wrong in doing what you did. I’m just saying that from the point of view of a warden, it looks very much like hunting over bait.
 

mtwarden

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so the wardens put the feeders there and filled it with corn, just waiting for some guy and son to go past it and start hunting- very plausible, very plausible indeed

what's even funnier is when you hear a story about a BS ticket and then you actually talk to the warden who wrote the citation, not sure why but the stories are always different- probably just the wardens lying their asses off
 

KurtR

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I'm confused, if written a warning, I thought that's not a violation. Just a written warning so if caught again they have a record of it already happening.

If it was a ticket you would have been actually written up.

Maybe it's different language.


I hope non of y'all waterfowl hunt and find out about the zone of influence. Turkeys would easily travel 300 yards to bait. With waterfowl you can be ticketed for hunting under birds flying to a baited area 10 miles away.


To walk past a feeder on a road seems to me akin to driving past a speed limit sign, then saying you didn't see it. I'm not from a bait state so I don't know.
Where’s that rule at. You can’t hunt a field that has been baited for ten days have never seen a rule on distance

It is illegal to hunt waterfowl in an area where such feeding has occurred that could lure or attract migratory game birds to, on, or over any area where hunters are attempting to take them. The 10-day rule applies to such areas, and any salt, grain, or feed must be gone 10 days before hunting.
 

Billy Goat

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Where’s that rule at. You can’t hunt a field that has been baited for ten days have never seen a rule on distance

It is illegal to hunt waterfowl in an area where such feeding has occurred that could lure or attract migratory game birds to, on, or OVER any area where hunters are attempting to take them. The 10-day rule applies to such areas, and any salt, grain, or feed must be gone 10 days before hunting.


It's federal, zone of influence.


Hunt between a loaf/roost and a determined baited area it's illegal.

"Distance
How close to bait can you hunt without breaking the law? There is no set distance. The law prohibits hunting if bait is present that could lure or attract birds to, on, or over areas where hunters are attempting to take them. Distance will vary depending on the circumstances and such factors as topography, weather, and waterfowl flight patterns. Therefore, this question can only be answered on a case-by-case basis."


From:
 

Bighorner

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It will almost certainly cost more to get a lawyer than to pay the ticket, with that said I would fight it if it's a BS ticket. I think it is a life lesson to your son to understand the law and understand when it is being enforced improperly, if it all went down the way you describe. I hope it goes good for you whatever route you take.
 
OP
Gapmaster

Gapmaster

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I’m going to fight it simply because I won’t plead guilty to something I didn’t do. It may cost me more money. If the judge rules against me then so be it. I’ll pay the fine and go on. It has been a lesson for my son and for me as well. I have respect for law enforcement and by no means want him to think differently, but he also must learn to stand up for himself when need be.

I also wanted to say that I don’t think the wardens “planted” the bait. I honestly think it was a feeder left over from late bow season. Our season doesn’t close until February 28. If filled in Feb, then it could have still had some in it. I checked it today and it was practically empty. I’m sure some vibrating out when it goes off. Thanks for the opinions.
 

Reburn

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well you did do it. You may not have had intent to do it.
I think is a losing deal to fight it. I would personally pay it and move on. I guess if you think its worth your time and money to fight it go for it. Would love to see you win.
 

5MilesBack

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I’m going to fight it simply because I won’t plead guilty to something I didn’t do.
I don't think they have to prove "intent" for a lot of these laws.

Reburn......your post came up right as I was hitting the post button.

Back in the early 80's two buddies and I were deer hunting on some BLM above private property. We parked up high and hiked down into the oak brush above the rancher's fields. I shot a buck in the brush on that ridge side and then it was time to pack it out. There was a fence about 1/2 mile below us. So instead of packing the buck all the way back to the truck up hill, I had one buddy hike up to the truck and told him to meet us on the road where the fence came out.

So my other buddy and I hiked down to the fence line and packed the deer out. My buddy parked and then hiked in from the road to meet us. Well, the landowner saw the truck off the road and called the sheriff. They met us along the fence line right before we got to the road. Apparently, the fence line was NOT the actual property boundary. The actual boundary was a few hundred yards above the fence line.

Well......after hiking them back to where I shot the buck the landowner decided to not have us charged with trespassing.......even though it was well within his right to. We had no intent to be trespassing, but in reality we were, and he could have had us charged. The rancher was actually very cool about the whole thing.
 
Last edited:

sndmn11

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If you are going to fight it, you ought to delete all of your posts in this thread admitting guilt. I can't imagine someone walking right by a feeder, when he claims to know baiting isn't allowed, especially on HIS PRIVATE LEASE, and doing nothing about it other than continuing to hunt, being able to convince any judge it was BS.

Your chance to not get a citation was walking away when you first saw the feeder and either leaving or notifying the authorities of the violation. Your gifted chance was lost when you chose to walk by the feeder a second time.
 

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