These questions and answers are from the Idaho Fish and Game Department and obviously don't apply in other states but I would be surprised to learn if other states do not have similar laws. In short, if you finish off an animal that was wounded by another hunter, you are responsible for tagging that animal. If the other hunter tags it instead, that is by legal definition party hunting. The law doesn't care how you define party hunting, in Idaho at least, if you kill an animal and someone else tags it, that is party hunting. It doesn't matter if the animal was previously wounded or not. If you decide that your personal ethics are contrary to that and act accordingly, be prepared to explain it to a judge and hope they agree with you.
What is the rule on killing a big game animal after your partner has wounded it? Still, trailing it after a couple of days. Whose tag goes on the animal?
A:
If you kill an animal previously wounded by your partner you must reduce the animal to your possession, validate your tag, and place it on the animal. If you do not have a valid tag for the area it would be unlawful to kill the animal even if it is wounded.
if you came across an elk or deer shot by another hunter who's not in sight or is not able to retrieve it , could you shoot it and tag that animal?
A:
This is a very good question! If a wounded animal is located while hunting and it is still alive nothing would prohibit you from taking the animal and tagging it as your own, as long as you have a valid license, tag and or permit for the same animal and area where you are hunting.
The hunter who kills the animal and takes it into possession is the hunter who should legally tag the animal. However, this becomes a question of ethics and sportsmanship at times. Idaho Law requires hunters who wound or kill animals to make a "reasonable effort to retrieve" the animal and reduce it to possession. In addition all hunters are required to remove and care for the edible meat of big game animals, except bear, mountain lion and gray wolves. (See Pg 97 "Wounding and Retrieving" of the 2014 Big Game seasons and Rules). If you know someone else is tracking the animal you may want to let the hunter who wounded the animal have their opportunity to retrieve the animal they wounded, especially if the animal is unable to move and you know the hunter is actively tracking the animal. If the animal is already dead but fresh and salvageable I would suggest reporting it immediately to a Conservation officer as the dead animal may be part of a violation.
You cannot legally tag or possess an animal killed by another hunter.
A:
No. The public is not authorized to dispatch a wounded animal. Please report injured wildlife by contacting your nearest Conservation Officer, Sheriff’s office, or IDFG regional office.