Calling in elk without a tag - wild game harassment or fun?

[Fogalo]

Hunted a limited entry unit. Ran into folks calling in elk without a tag, just for fun. Not helping somebody with a tag.

 

[wapitibob]

oh well

 

[ORJoe]

Hang out and see if anything shows up.

 

[Rob5589]

I sure wouldn't want to explain it to a warden if I had any kind of weapon on me.

 

[Tick]

I have no issue with it. Tags are not getting any easier to draw. I plan to hit up some premier units with calls and a camera on years I don't have a tag.

 

[2five7]

Don't have a problem with it, but definitely in the "free education" camp.

 

[Read1t48]

I take elk calls to bear hunt. Apparently, I’m a way better bear caller than elk caller.

Earlier this season, after doing a cow party set up, I looked off to my left after dropping down about 40 yards and went, “wow… that is a really dark elk running in. Then I went, “wow that is a really short elk coming in.” Then I went, “wow that is a black bear running straight at me!”
This boat literally came in at probably 8 mph. It was actually above me and figured the herd had moved down and was literally trying to catch up to the herd it believed was there. It ran right in front of me and had no idea I was standing there.
Calling elk, even without an elk tag, can reach a guy a lot. Carry more TP in my case. And no matter how fast you think you can draw your pistol, it may not be fast enough.

 

[Ucsdryder]

I bet you guys would have a problem with it if you waited 10-30 years to draw a tag only to have a couple guys wandering around trying to call in big bulls. Wait until oct 1 when there is no season. The elk will still be bugling and you won’t potentially be messing it up for others.

Better yet, head to Estes and do it in the park. Let me know what the rangers say as they’re writing your ticket.

 

[Jwknutson17]

I bet you guys would have a problem with it if you waited 10-30 years to draw a tag only to have a couple guys wandering around trying to call in big bulls. Wait until oct 1 when there is no season. The elk will still be bugling and you won’t potentially be messing it up for others.

Better yet, head to Estes and do it in the park. Let me know what the rangers say as they’re writing your ticket.

I was just about to say go to Estes Park or RMNP.

Agree on not messing up someone's hunt who waited decades to get the tag. I personally would be upset. You think they would have some respect for fellow hunters and their tags, especially in high draw units. If folks want to call, get a OTC tag and have it with everyone else. If you're any good you may kill one too while you're at it.

 

[JPD350]

I voted two categories, it's good ol fashion fun and inconsiderate to others with tags. Everyone has a right to be in the woods anytime they please, it's public land and just because you have a tag doesn't make you more righteous, it just means you have the ability to kill one and a guy with a camera can't.
I also feel it is inconsiderate in the sense that hunters shouldn't knowingly jack with other hunters and neither should dudes with cameras.

Edit; My reality is that other hunters are a much bigger issue than people with cameras, 40 years of hunting NM and I've never ran into a dude with a camera or a dude that's just out there calling for fun.

 

[Ucsdryder]

I voted two categories, it's good ol fashion fun and inconsiderate to others with tags. Everyone has a right to be in the woods anytime they please, it's public land and just because you have a tag doesn't make you more righteous it just means you have the ability to kill one and a guy with a camera can't.
I also feel it is inconsiderate in the sense that hunters shouldn't knowingly jack with other hunters and neither should dudes with cameras.

A warden might have a different take. I honestly don’t know. Yes to the first part, we ALL have the right to be in the woods, but the second part is a little more murky. The animals are owned by the state (the reason states can dictate resident/non-resident levels) so calling to the animals could be considered harassment or something similar. Someone should send a question to CPW.

 

[CAElkhunter]

If you are in a limited entry area where someone has waited years to draw a tag it is inconsiderate to be out
there messing with Elk they might be hunting.

If you are out in an OTC general area and just want to practice where no hunters are around it is just good fun.

I don't see it as harassment just being inconsiderate to those who actually paid for a tag and are trying to hunt.

 

[JPD350]

A warden might have a different take. I honestly don’t know. Yes to the first part, we ALL have the right to be in the woods, but the second part is a little more murky. The animals are owned by the state (the reason states can dictate resident/non-resident levels) so calling to the animals could be considered harassment or something similar. Someone should send a question to CPW.

I actually don't know of any laws pertaining to calling in animals of any kind but if calling could be construed as harassment of some kind wouldn't that also apply to hunters? hunters are not allowed to harass animals either.
I do believe that no one has a right to harass hunters or the animals they pursue but I can't see how calling an animal in could be harassment. There are two hunters calling in the same basin, one is a better caller and calls the bull in but doesn't kill him because he was too small, did he harass the animal or the other hunter?

 

[Ucsdryder]

I actually don't know of any laws pertaining to calling in animals of any kind but if calling could be construed as harassment of some kind wouldn't that also apply to hunters? hunters are not allowed to harass animals either.
I do believe that no one has a right to harass hunters or the animals they pursue but I can't see how calling an animal in could be harassment. There are two hunters calling in the same basin, one is a better caller and calls the bull in but doesn't kill him because he was too small, did he harass the animal or the other hunter?

I assume a tag would change that. Part of having a tag is the ability to pursue that animal? All guesses, but that’s how I could see them justifying it. Are you allowed to shoot animals with rubber blunts? Paintballs? I know the answer is no, so not sure how they would categorize that, but I assume it would be harassment. And when you shoot one your definitely harassing it!

 

[DAOutfitters208]

Its only inconsiderate if you know there is another hunter working on that bull and you continue to do so.

 

[Boone-In-Wall]

I think as long as its not a limited entry unit, you'd be fine. Just be considerate if you end up crossing paths with some hunters. Plus, if they're struggling or don't know how to call well, then maybe you could help them!

 

[svivian]

I assume a tag would change that. Part of having a tag is the ability to pursue that animal? All guesses, but that’s how I could see them justifying it. Are you allowed to shoot animals with rubber blunts? Paintballs? I know the answer is no, so not sure how they would categorize that, but I assume it would be harassment. And when you shoot one your definitely harassing it!

If this were true then folks would not be allowed to have a non tag holder with them to call behind them in a setup.

 

[sndmn11]

Colorado Parks and Wildlife

Colorado Parks and Wildlife is a nationally recognized leader in conservation, outdoor recreation and wildlife management. The agency manages 42 state parks, all of Colorado's wildlife, more than 300 state wildlife areas and a host of recreational programs. CPW issues hunting and fishing...

cpw.state.co.us

C.R.S. 33-6-115.5

I would write the citation based on:
(2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he:
(a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by:
(I) Use of any natural or artificial source of noise or light;
(II) Giving chase to prey on foot or by use of any vehicle;
(III) Throwing objects or making movements;

2) is simply the name of the offense and introduction to the elements of the offense.
A) is satisfied because the intention is to distract the animal from whatever they were doing by eliciting a response to the calling. If the animal flees (don't they all) then (2) is fully satisfied.
(I)/(II)/(III) do not all need to be satisfied, only one option. Making a noise such as a call satisfies (I), moving towards an animal that one has located by sight/sound/smell satisfies (II), "making movmements" in (III) is satisfied if the animal sees the person. Again, one option from (I)/(II)/(III) need be satisfied.

 

[Ucsdryder]

Colorado Parks and Wildlife

Colorado Parks and Wildlife is a nationally recognized leader in conservation, outdoor recreation and wildlife management. The agency manages 42 state parks, all of Colorado's wildlife, more than 300 state wildlife areas and a host of recreational programs. CPW issues hunting and fishing...

cpw.state.co.us

C.R.S. 33-6-115.5

I would write the citation based on:
(2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he:
(a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by:
(I) Use of any natural or artificial source of noise or light;
(II) Giving chase to prey on foot or by use of any vehicle;
(III) Throwing objects or making movements;

2) is simply the name of the offense and introduction to the elements of the offense.
A) is satisfied because the intention is to distract the animal from whatever they were doing by eliciting a response to the calling. If the animal flees (don't they all) then (2) is fully satisfied.
(I)/(II)/(III) do not all need to be satisfied, only one option. Making a noise such as a call satisfies (I), moving towards an animal that one has located by sight/sound/smell satisfies (II), "making movmements" in (III) is satisfied if the animal sees the person. Again, one option from (I)/(II)/(III) need be satisfied.

woah woah woah! Don’t come in here with your FACTS! This thread is for speculation, what ifs, maybes, and could be’s!


Oh and I was right!

 

[Laramie]

Colorado Parks and Wildlife

Colorado Parks and Wildlife is a nationally recognized leader in conservation, outdoor recreation and wildlife management. The agency manages 42 state parks, all of Colorado's wildlife, more than 300 state wildlife areas and a host of recreational programs. CPW issues hunting and fishing...

cpw.state.co.us

C.R.S. 33-6-115.5

I would write the citation based on:
(2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he:
(a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by:
(I) Use of any natural or artificial source of noise or light;
(II) Giving chase to prey on foot or by use of any vehicle;
(III) Throwing objects or making movements;

2) is simply the name of the offense and introduction to the elements of the offense.
A) is satisfied because the intention is to distract the animal from whatever they were doing by eliciting a response to the calling. If the animal flees (don't they all) then (2) is fully satisfied.
(I)/(II)/(III) do not all need to be satisfied, only one option. Making a noise such as a call satisfies (I), moving towards an animal that one has located by sight/sound/smell satisfies (II), "making movmements" in (III) is satisfied if the animal sees the person. Again, one option from (I)/(II)/(III) need be satisfied.

How is calling an animal in "intentional interference with lawful hunting" if the guy calling has only the intention of taking pictures and has no knowledge of another hunters efforts. As far as causing the animal to "flee", that is not a given at all. I have called a pile of bulls in guiding and hunting that never spooked. The "flee" is far from a given.

In my opinion...

I think you and the rest of us know that is not the intention of the law and it would have absolutely zero chance of holding up in court. Now if a non-hunter was intentionally calling to an elk that he knew was being pursued by a hunter, it would be a completely different story. That said, I can't see a game warden ever writing a ticket for that and if they did, the CA would throw it out.

Different perspective - Is sending out a locator bugle while scouting pre-season or at night during season harassing wildlife? How about a guy scouting for turkeys- can he send out an owl hoot or a yelp to get a gobble? Lets say a guy is holding out for a 350" bull and calls a 300" away from another guy that would have been happy with the 300" bull- should he be guilty of intentional interference?

Would it be annoying if a guy ruined my hunt by calling without a tag? Of course but it isn't any more annoying than the nature hikers out with their 3 dogs scaring the heck out of the herd, the UTV riders tearing it up at last light driving the elk another mile deeper, or the mushroom hunters that march right into the elks bedding area with no regard to me, the hunter.

Bottom line, a LQ tag doesn't give you personal rights to the areas access or the different ways that people recreate on the land.