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Started By
Message
re: Untagged Ducks - advice needed updated OP
Posted on 1/19/18 at 7:06 am to Da Hammer
Posted on 1/19/18 at 7:06 am to Da Hammer
quote:
DO NOT breast them, make sure at a minimum you have a wing and head
You can do whatever you want to them as long as you leave a wing attached to the carcass until you reach your final destination.
Not being discussed here but worthy of mention is separation leaving the field. That's always another fun ticket to discuss as lots of folks just throw then in a pile in the boat or on the wheeler heading back to camp. Get some zip ties and separate the birds in accurate limits obviously.
I think the fine here is pretty excessive. I think he could probably get out of that as not tagging birds as a first time offender shouldn't be this costly. I would go to court and not plead ignorance but own up to the shite and say you now know the rules and will not break them again and you are just a first time offender and I bet the judge lets you off for about $200.
1
Posted on 1/19/18 at 7:14 am to Athletix
quote:
$106 for the disposal of the confiscated ducks- WLF fine (separate) $500 fine 40 hours community service 6 months probation w/ $60 a month fee for meeting with a counselor
Damn looks like you were the unlucky recipient of being there when the department needed an influx of cash.
What is the $106 duck disposal fee about? So they just destroy the birds? That just seems dumb
Posted on 1/19/18 at 7:21 am to MWP
What I am most afraid of is getting fricked by a judge. There are no set punishments that I can find for this violation. Can I spend time in jail? Could my hunting privileges be revoked for a year or years? I want to go to court plead guilty and state that I knowingly did not attempt to break any laws. My ignorance is no excuse, but I will not make this mistake again. Would I even get a chance to explain myself?
I'm leaning more and more to going to court. I'm just extremely uncertain of what could happen. Obviously will make a call/talk to an attorney before appearing in court.
I'm leaning more and more to going to court. I'm just extremely uncertain of what could happen. Obviously will make a call/talk to an attorney before appearing in court.
Posted on 1/19/18 at 7:23 am to Athletix
Write a letter to the DA explaining that your actions were out of ignorance, not malice, that the cost seems out of proportion to the offense and ask if he can show some consideration in your case. If you have connection to the area, include that. Include a little background regardless. Only costs you a stamp.
Posted on 1/19/18 at 7:24 am to civiltiger07
quote:
What is the $106 duck disposal fee about? So they just destroy the birds? That just seems dumb
Yeah, I'm not exactly sure but something like that.
quote:
Damn looks like you were the unlucky recipient of being there when the department needed an influx of cash.
Right.. So, who's to say that the judge won't slap me with an even bigger fine knowing that I had an opportunity of not appearing in front of him. As you can tell I have no faith in being handled justly.
quote:
Write a letter to the DA explaining that your actions were out of ignorance, not malice, that the cost seems out of proportion to the offense and ask if he can show some consideration in your case.
It's good advice, I've heard of people having success with this before.
This post was edited on 1/19/18 at 7:32 am
Posted on 1/19/18 at 7:28 am to Athletix
If this is your first offense, I can’t see how they’ll hit you with anything harsher than the BS pretrial diversion offer they gave you. Especially if you own up to it in court
Posted on 1/19/18 at 7:36 am to FOBW
quote:waterfowl violations are not handled by local DA's in LA.. pretty sure they are handled by federal prosecutors in federal court.
Write a letter to the DA explaining
Posted on 1/19/18 at 7:44 am to choupiquesushi
I'm to appear in at St Mary Parish court in Franklin LA. The DA's office is the one that mailed me the Pretrial Diversion stuff.
Posted on 1/19/18 at 8:01 am to Athletix
quote:
Can I spend time in jail? Could my hunting privileges be revoked for a year or years? I want to go to court plead guilty and state that I knowingly did not attempt to break any laws. My ignorance is no excuse, but I will not make this mistake again. Would I even get a chance to explain myself?
You are not going to jail and you will not lose hunting privileges. Don't waste your time talking to an attorney over this unless you are just wigging out over it.
On trail day, you will be called up to the judge when they get to your case by a Federal Prosecutor. He will read your violation in front of the court with probably the game warden that wrote you the ticket there. You will quickly realize that you are in there for probably the most petty of all things. Then after they present the charges and evidence against you, you can then explain to the judge your side. Just say you fricked up, know the rules now, and you will never see the inside of that courtroom again. If you have no priors and have a clean criminal record, you will probably get hit with a $200-$300 fine. Just a tip, bring cash.
Posted on 1/19/18 at 8:04 am to Athletix
quote:So does this mean you can't leave your strap of birds on the ground beside the blind while you go get the four wheeler?? What about leaving them on the tailgate while you go in the bushes to take a shite?
No person shall give, put or leave any migratory game birds at any place
This law was meant to prohibit the transport of over the limit birds from the field by someone other than the hunter who killed them -
I.E.: Joe leaves the blind early to go back home. He takes 12 ducks with him, so the other three guys in the blind can continue to hunt and hopefully kill another 3 man limit.
Sorry you were the victim of an overzealous greenjeans. I know some good ones, but there's an a-hole in every group.
This is bullshite and absolutely ridiculous.
Posted on 1/19/18 at 8:08 am to MWP
Thanks, I did find this after extensive searching
quote:
§118. Migratory game bird violations
Except for failure to sign a federal duck stamp and failure to possess a valid federal duck stamp, any violation of the provisions of this Section shall constitute a class four violation and shall be enforced according to the provisions of R.S. 56:34.
quote:
§34. Class four violation
For the first offense, the fine shall be not less than four hundred dollars nor more than nine hundred fifty dollars or imprisonment for not more than one hundred twenty days, or both.
Posted on 1/19/18 at 8:13 am to SCwTiger
GW gave everyone in my buddy's pit a warning for something similar. My buddy was working the dog and all the birds were on his end of the pit. Gw said everyone should have the birds they shot seperated and tagged while hunting and traveling back to the camp. Leave a wing on when traveling and tag your birds.
I agree with MWP, go to court, explain your side and ask for leniency.
ETA: as a result of the warning, they have tags and pens in their pits.
I agree with MWP, go to court, explain your side and ask for leniency.
ETA: as a result of the warning, they have tags and pens in their pits.
This post was edited on 1/19/18 at 8:16 am
Posted on 1/19/18 at 8:14 am to Athletix
quote:
No person shall give, put or leave any migratory game birds at any place or in the custody of another person unless the birds are tagged by the hunter with the following information: 1. The hunter’s name and signature. 2. The hunter’s address. 3. The total number of birds involved, by species. 4. The dates such birds were killed.
Question, is your ice chest labeled with your name and address on it? I'm fairly sure (from reading this) that you didn't adhere to items #3 & 4 and that would be violation of the law there anyway.
If your cooler is labeled they are still in your possession and would they need to be tagged?
This post was edited on 1/19/18 at 8:16 am
Posted on 1/19/18 at 8:17 am to Athletix
quote:
Pre trial Diversion paperwork came in.. $106 for the disposal of the confiscated ducks- WLF fine (separate) $500 fine 40 hours community service 6 months probation w/ $60 a month fee for meeting with a counselor.
Jesus fricking Christ
Probation with $60 fee and 40 hours community service?
What a bullshite money grab, this has nothing to do with the law
This post was edited on 1/19/18 at 8:18 am
Posted on 1/19/18 at 8:18 am to Athletix
quote:Interesting.
I'm to appear in at St Mary Parish court in Franklin LA. The DA's office is the one that mailed me the Pretrial Diversion stuff.
Posted on 1/19/18 at 8:19 am to Barneyrb
quote:
Question, is your ice chest labeled with your name and address on it?
No, I don't know if it would be worth fighting if I did. the best route seems to be pleading guilty and briefly explaining my ignorance and dedication to never making the same mistake
Posted on 1/19/18 at 8:22 am to Athletix
quote:
For the first offense, the fine shall be not less than four hundred dollars nor more than nine hundred fifty dollars or imprisonment for not more than one hundred twenty days, or both.
No judge is going to imprison a first time offender for failing to tag some birds in a cooler at their campsite. The imprisonment part of that statute is going to be for someone who's clearly violating the law intentionally (way over their limit or simultaneously committing a whole bunch of violations)
Posted on 1/19/18 at 8:24 am to MSWebfoot
quote:
GW gave everyone in my buddy's pit a warning for something similar. My buddy was working the dog and all the birds were on his end of the pit. Gw said everyone should have the birds they shot seperated and tagged while hunting and traveling back to the camp. Leave a wing on when traveling and tag your birds.
This is a good reason why a lot of people can't stand game wardens. You could write 99% duck hunters a ticket for this. I've never tagged a duck, and I've been stopped by game wardens with ducks a number of times.
The worst one was the guy at Sabine that wanted the 3 of us to seperate 9 ducks...we had one pintail, a couple of gadwall, and some teal. No where near over the limit on anything, and no one is stupid enough to say they shot more than 6 ducks when hunting with 3 guys.
Some of those green jeans just like to make a lot of trouble for no reason.
Posted on 1/19/18 at 8:27 am to AlxTgr
quote:wow - then it must not be classified as a federal violation
I'm to appear in at St Mary Parish court in Franklin LA. The DA's office is the one that mailed me the Pretrial Diversion stuff.
Interesting.
Posted on 1/19/18 at 8:40 am to choupiquesushi
quote:
then it must not be classified as a federal violation
Anything duck hunting is a Federal violation.
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