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Re: Lost Dove * Include it in bag limit? [Re: Zack] #791098 07/09/09 12:19 AM
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Quote:

I do not consider it part of my bag. I am allowed to kill a bag limit of birds each day of the season. As I do not hunt each day of the season, my total harvest is well below what I would be otherwise allowed to kill. The few birds that I might lose in a year have no impact on numbers.

I do make every effort to find all the birds that I shoot. I hunt with well trained dogs to further that effort. Duck and dove total, I might have lost 5 birds last year but I don't think it was even that many.





+1

How many birds die, that the hunter thought they completely missed or never shot at?


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Sniper John] #791099 07/09/09 03:36 PM
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Your poll questions are skewed. "As an ethical hunter...?" So, if you are an ethical hunter there is only one choice. I hunt doves many times during season, sometimes several times a week. I evaluate the situation as it occurs. Sometimes I feel I must count a downed dove I cannot find but not always. Sometimes it may appear that the bird was hit and went down but after a search (and I use a well-trained dog) I conclude I must not have hit it afterall. To me it seems one can be ethical and not count birds that cannot be retreived.



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Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: reeltexan] #791100 07/09/09 04:14 PM
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Don't read so much into choice three. Not the reason I included it. Look at it as choice one, choice two, or other. I would edit the wording, but I can't edit a poll question after it was put in place.
I'm with ya.
John


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Sniper John] #791101 07/09/09 04:23 PM
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There is a limit on doves?


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: ChuckwagonBHC] #791102 07/09/09 08:59 PM
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A couple of years ago I was hunting and had bagged some birds early. About 9 a.m. I got thirsty so I walked back to my truck for a drink. While there, I emptied (I thought) my bird bag - it's a large shoulder strap type. I counted the birds and I had 12. In that county I could shoot three more. Which I did. When I left the field the warden stops me and asked how I did. I told him I had three in the bag and twelve on the tailgate. He reached into the bag and sez: "I think we have a problem." That's right, I missed one in the corner and it put me one over. He was quick to write me a ticket - $120. So, if I don't count one I can't find, so be it. But I guarantee you I'll never be over.

Officer Williams:





Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Sniper John] #791103 07/10/09 09:31 PM
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I have never gotten a limit so it has never mattered whether I counted one or not, lol.


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Sniper John] #791104 07/10/09 09:52 PM
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With all due respect - asking the ENFORCEMENT person is the wrong person to ask. Enforcement guys do not get to INTERPRET the law - that is the job of lawyers (prosecution and defense) and judges.

And frankly - his interpretation of the law is wrong.

Sections (b) & (c) do not apply to the question at hand

> (a) Except as provided by Subsection (c), it is an
> offense if a person while hunting kills or wounds a game
> bird or game animal and intentionally or knowingly fails
> to make a reasonable effort to retrieve the animal or
> bird and include it in the person's daily or seasonal bag
> limit.


I highlighted the critical words.

First, the act must be INTENTIONAL. By making an effort to recover the bird, the act is no longer intentional.

Second, the word "and" is critical - that means that both parts of the section must be fulfilled before a person is in violation. In this case, since the first part of the section are NOT fulfilled, the 2nd does not apply.


PS: I am not a lawyer, but I did sleep at a Holiday Inn once.



-- Chris Barnes
Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Chris Barnes] #791105 07/10/09 10:09 PM
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We were dove hunting a couple years ago and got checked by the game warden. He had been watching us from a distance all morning, I guess. He saw a friend of mine looking for a bird in the tall grass and then go back to his chair. When he finally came down to check us, my friend had a limit in his game bag. Warden asked if he had found the one in the grass. Friend said no. Warden went and combed the area for at least 15 min and said if he would have found it, friend would have gotten a fine for being over the limit.


Last edited by REDGUN; 07/10/09 11:31 PM.
Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Chris Barnes] #791106 07/10/09 10:09 PM
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Good luck on that one...so we all need to take a lawyer (both a defense & prosecuting) with us when we hunt, fish, trap, boat, camp, etc. so they can tell us what is right & wrong.


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Sniper John] #791107 07/11/09 04:16 AM
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Good one. Like I could hit enough of them to worry about a limit.



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Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: REDGUN] #791108 07/11/09 06:28 AM
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Quote:

We were dove hunting a couple years ago and got checked by the game warden. He had been watching us from a distance all morning, I guess. He saw a friend of mine looking for a bird in the tall grass and then go back to his chair. When he finally came down to check us, my friend had a limit in his game bag. Warden asked if he had found the one in the grass. Friend said no. Warden went and combed the area for at least 15 min and said if he would have found it, friend would have gotten a fine for being over the limit.




This senario is what I think about when I cant find a downed bird. If a GW can't find a bird left then they have no ground to stand on in court as long as you looked for it and did not intentionally leave it.

If I drop a bird and look for it hard enough to be convinced that it must have flown off or maybe I didn't hit it as hard as I thought...then I don't see how that would be considered a failure to retrieve downed game or wanton waste. I looked it wasn't there it must have flown off. If a GW comes over I know that the bird is not there and I will not get a ticket.

How many times have you shot a bird dead just to retrieve it and watch it fly off when you get close to it? How many times does that happen and you don't notice it because you where shooting at another bird or not looking?

GW's would have the opportunity to write tons of this type of ticket in the public duck waters if they just observed the hunters actually hunting instead of writing tickets at the boat ramp or truck. All the time I see people shooting ducks that glide a ways a fall dead and people don't even go after them, they just continue to shoot until the have there limit in hand and leave. What about woodies during teal season and stomped spoonies. This happens every day at every public duck spot in Texas that has any ducks at all. If Mr. Green Pants left his truck and got out where the hunters are actually hunting then those types of things would not happen nearly as much. No one is going to stomp a spoonie if they know that there is a pretty good chance they are being watched. Over the last 10 years I have prolly been check 40 or 50 times on public land. I can only remember 3 times that I was checked away from my truck. Only ignorant hunters get tickets at the truck the greedy people that truly harm the resource are smart enough to be legal when the get to the truck. Those types of people are the ones that will only be caught if someone is observing them.


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: duckiller] #791109 07/11/09 09:34 AM
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I go beyond a reasonable effort to find my downed birds, but ultimatley you do loose them do to poor spotting or tall grass. I have even lost birds to turtles in a tank, they took them down before they were close enough to the bank to retrieve. I do not count lost birds to my bag limit. I usually take about 150 birds in a season and I usually loose about 1 bird to every limit I take. Over the course of a season and this includes split season, that is only about 12.5 birds lost, give or take a couple. This is not a signifigant # even when you consider all the other hunters out there vs the dove population. I hate loosing any game, even fish but it happens, some lost game die and some survive that is just a part of it and I am sure that the Texas Parks and Wildlife figures this in when they establish limits according to projected dove population.


Last edited by JED; 07/11/09 05:27 PM.

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Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: Sniper John] #791110 07/11/09 09:11 PM
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nice topic


Re: TPWD response: Re: Lost Dove * Include it in bag limit? [Re: youngsouthtexashunter] #791111 07/11/09 09:19 PM
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Do you have to count the ones you hit with your pickup???



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