[truehaun]

I honestly don't care enough to go look, but I'm willing to bet that there's something that addresses animals "and animal parts" being within DWR's authority. Look at the definition of "carcass" as not all states require the animal to be dead to be considered within the scope of the carcass.

(7) "Carcass" means the dead body of an animal or
its parts.
Well that’s probably it then. There’s no definition of parts in there. After an antler falls off is it still considered a part of the animal? Would animal scat be considered a part of the animal?

 

[johnnycake]

(7) "Carcass" means the dead body of an animal or
its parts.
Well that’s probably it then. There’s no definition of parts in there. After an antler falls off is it still considered a part of the animal? Would animal scat be considered a part of the animal?

There are places that regulate the collection of bird and bat guano

 

[middlefork]

Wait what's this? Another travesty of justice? Denying people of their god given rights? For shame!

Utah highway speed limits temporarily lowered after elk collisions

Speed limits on certain Utah highways are being temporarily lowered due to vehicle collisions with elk in recent weeks.

www.fox13now.com

 

[middlefork]

If there is one thing I like to do more than big game hunting is coyote hunting but guess what I can also chose not to hunt them if there are deer around. I know... choices.

truehaun, what exactly has caused the burr under your saddle? Go hike in the winter range if you must. It's ok to put the blinders on and not search for antlers or dead heads. I'm sure as winter progresses there will be more than enough dead heads come the end of April.

I have no problem calling out other users this time of year. They have no problem calling me out during the hunting seasons.

 

[truehaun]

If there is one thing I like to do more than big game hunting is coyote hunting but guess what I can also chose not to hunt them if there are deer around. I know... choices.

truehaun, what exactly has caused the burr under your saddle? Go hike in the winter range if you must. It's ok to put the blinders on and not search for antlers or dead heads. I'm sure as winter progresses there will be more than enough dead heads come the end of April.

I have no problem calling out other users this time of year. They have no problem calling me out during the hunting seasons.

The burr under my saddle is the definition of “gathering” including “locating” and “marking locations”.

 

[backcountry]

(7) "Carcass" means the dead body of an animal or
its parts.
Well that’s probably it then. There’s no definition of parts in there. After an antler falls off is it still considered a part of the animal? Would animal scat be considered a part of the animal?

The agency clearly interprets it's powers to regulate sheds.

We've both gotten into the weeds on this one over the past two days. I was being overly specific in use of the word "law" in my earlier replies; orders aren't technically "law" in the strictest of sense but it doesn't matter as they carry the force of law. Plus I was inconsistent and cited agency code as law when it's also technically not.

To find the answers to the questions you have I believe you are going to have actually dive deeper. You'd probably need to find each corresponding bill that the agency justifies it's powers upon. That can be a nightmare as old bills that have established charters like the DWR are amended many, many times. Some states are better than others at making that easy to search for citizens.

Reality is you are on a rather quixotic quest if your goal is to show the agency doesn't have this authority. It's not impossible you'll find evidence they've misinterpreted their authority in this regard but it's highly improbable.

I hope you find satisfaction in this at some point. You helped correct some of us in the thread which is ultimately appreciated.

 

[backcountry]

The burr under my saddle is the definition of “gathering” including “locating” and “marking locations”.

Stepping away from the technicalities of their definitions and the legal aspects...

Can you understand the why of their focus on "locating"?

 

[backcountry]

There are places that regulate the collection of bird and bat guano

Would you say that's bat *$&! crazy of them?

 

[truehaun]

Stepping away from the technicalities of their definitions and the legal aspects...

Can you understand the why of their focus on "locating"?

Oh absolutely I can understand why they would included “locating”. I don’t like it though.

 

[middlefork]

The burr under my saddle is the definition of “gathering” including “locating” and “marking locations”.

Good on you. Good luck on your quest to re write the code. What district do you represent if you don't mind me asking?

 

[truehaun]

Good on you. Good luck on your quest to re write the code. What district do you represent if you don't mind me asking?

I’m just a lowly peasant so I have no say. I’ll just have to do whatever the overloads say and if that means “locating”=“gathering” I guess I can’t do anything about that.

 

[truehaun]

Good on you. Good luck on your quest to re write the code. What district do you represent if you don't mind me asking?

Look all I'm trying to point out is that to me"gathering"="locating" or "marking locations" is a bad definition. Imagine if they decided that taking an elk meant "locating" or "marking locations" and if you're out hunting and you "locate an elk" then legally you have "taken" that elk and have to cut your tag. Am I crazy or is that not at least close to the premise here? Do you understand why I have a problem with the definition at least? The two lawyers on here have said it’s badly worded but I feel like I’m getting ridiculed for saying I don’t like the wording.

 

[middlefork]

I agree the wording could be better.

But the underlying point is pretty apparent. No reason to beat a dead horse. If at all possible people should try and leave big game alone during this time of year. But I don't think anybody out there is smart enough to write into code all circumstances.

Even with a tip of the hat to our forum lawyers.

 

[taxidermist]

Sure is a lot of "what ifs" on this thread, along with an "ethics committee" . I'm sure the shed hunting community consists of a larger populous that the outdoor winter jogger in the woods, or x-country skiers.
The shed hunting season has been closed. Doesn't get any clearer than that.

 

[Dahlmer]

I think you've beat your argument into the ground truehan. I don't believe anyone here disagrees that the regulation is poorly written. I don't think we needed a second thread to discuss this. If you are going to die on this sword, please do it quickly.

 

[MWScott72]

Wow...this has been exhausting to say the least. While I understand that it's not just shed hunters that are disturbing animals on their winter range, why is that used by some as justification to allow it unchecked when animals, in a harsh winter year, need all the respite they can get after the actual hunts conclude? It's like arguing with my kids. For example:

Me: Why are you home late for the 2nd time this week?
Daughter: Why are you only telling me this dad? My brother was late last night.
Me: We're not talking about your brother. We're talking about you.
Daughter: This is so unfair!
Me: Don't worry, I will speak to your brother too, but this is not about him...here, in this moment...it's about YOU!

I have no problem shutting down the shed season for two or three months to give the animals a break when they're at their most vulnerable. We don't have bird seasons during nesting season (for good reason). Makes sense that we shouldn't be collecting sheds and disturbing ungulates during their most vulnerable time of the winter. And, if you (the shed hunter) doesn't like it that snowmobilers, trail runners, cross-country skiers, etc. are out there recreating, when you can't, then that needs to be taken up with those interests groups and dealt with accordingly. The DWR can only regulate what is within their authority to do so - and a closure on shed hunting to protect the animals that we all want to see in the fall - is where that authority lies.

I will say to be consistent, I do wish they would close all DWR managed lands with important winter range to all use during the emergency closure. If it's that important to protect deer and elk, then it should be a blanket closure until it is lifted or modified.

 

[backcountry]

Does DWR release data on the number of shed hunters during the designated season?

 

[taxidermist]

I can still gather sheds on my 200K acres of forest lands though. Government can't regulate what I do on my "farm".

 

[backcountry]

I can still gather sheds on my 200K acres of forest lands though. Government can't regulate what I do on my "farm".

I believe they can if it's a wildlife part, which the agency deemed sheds as. It's similar to how they can regulate you hunting deer on private land.

Am I misunderstanding that issue?

I would wager the COs will focus personnel on heavily used areas and won't focus much energy on monitoring private land, would be difficult to anyways.

 

[johnnycake]

I believe they can if it's a wildlife part, which the agency deemed sheds as. It's similar to how they can regulate you hunting deer on private land.

Am I misunderstanding that issue?

I would wager the COs will focus personnel on heavily used areas and won't focus much energy on monitoring private land, would be difficult to anyways.

Unfortunately I would wager few, if any, COs will focus personnel on this at all without reports from the public