How Would You Respond?

[WyoElkHntr]

Add me to the long list of folks thinking the ‘acquaintance’ was completely in the right to put down your animal. Obviously your shots weren’t as great as you said they were. Doesn’t sound like he had any way of knowing your location or if you were going to be able to finish it off. Also curious why you’d follow the elk toward his location anyway. Good on you for talking him into looking for his elk but that’s about it.

 

[PredatorSlayer]

Not to pick on you but I’m not surprised Utah allows it with the way those guys hunt out there

I agree - utah is always a cluster **** when it comes to hunting and ethics. I have seen some of the most horrendous stuff while hunting in utah.

 

[idelkslayer]

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.

Q: Killing a wounded animal​

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.

Q: Wounding animal​

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.

Q: Is it legal to put an animal out of its misery if you find one that is dying and suffering?​

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.

 

[idelkslayer]

Just to stir the pot a bit. Going by those rules. Wouldnt it be a no no to have possession of part of a game animal that you did not kill?

That is addressed elsewhere. Page 98 of the current big game regulations booklet:

"It is Unlawful to:
To possess or transport game or parts (including processed meat) taken by another person without having a completed proxy statement. See page 102."

Page 102 has an example proxy statement that can be copied and used. In recent years, you also receive a printed proxy statement when you purchase a tag.

 

[Elkoholic87]

I’d practice my shooting.


Sent from my iPhone using Tapatalk

 

[idelkslayer]

Wonder how many folks on here do that. Before they help pack out an animal that they're buddy shot?

I cannot find any specific language that speaks to transportation of game killed by another hunter while in the presence of that other hunter and in the field. It seems to me that if the other hunter is present then he is still in possession (can exercise control) of the meat. I think that if your hunting partner is with you, then you do not need a proxy statement. I think this is meant to apply to transportation out of the field. However, I can see a situation where if the other hunter goes to town for ice while you continue to pack quarters you would need a proxy statement. Again, I can't find any specific language in the regulations that clarifies this.

However, think of how it looks to a Game Warden. There you are by yourself, with a game animal that has someone else's tag on it. How are they to know that you aren't out there killing animals and using someone else's tag? Maybe the warden hangs around long enough to meet up with your hunting partner and look at photos verifying he shot the animal or at least was at the fresh kill site and lets you go. Or, he writes you a misdemeanor citation for illegal harvest and you have to go to court to present all the same evidence and get the case withdrawn or plead it down to a fine for failure to carry a proxy statement.

 

[goathunter]

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.

Q: Killing a wounded animal​

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.

Q: Wounding animal​

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.

Q: Is it legal to put an animal out of its misery if you find one that is dying and suffering?​

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.

This is the answer. The shooter that puts the animal down has to tag it. And I agree most every warden would ticket and probably confiscate your animal. Where would the line be drawn otherwise? Say your buddy just shoots one for you to tag next time? It's not really different than what the OP describes. They teach you this in hunters education course in Montana, I still remember it from when I was a kid.