1. Welcome to Taxidermy.net, Guest!
    We have put together a brief tutorial to help you with the site, click here to access it.

Game Wardens

Discussion in 'The Taxidermy Industry' started by 3bears, Aug 16, 2013.

  1. gab

    gab Active Member

    shipping is transporting.had a guy ship me an illegally taken elk from Utah and the feds came and got it.pretty sure they charged him with Lacey act too
     
  2. petasucks

    petasucks New Member

    Marijuana is legal in some states but not federally. Goes to show how messed up the government is and whos trying to get more taxes
     

  3. 3bears

    3bears Well-Known Member

    6,247
    2,115
    MN
    gab, I believe you are correct, the Lacey Act has to do with transporting animals across state lines, regardless of mode of transportation.
     
  4. Mac67

    Mac67 New Member

    24
    0
    Actually, the Lacey Act states that it must have been illegally "taken," which can include "sold" if that's a state violation.

    Legally taken wildlife - not covered by any other federal law (such as the Endangered Species Act, for example) would be a state restriction, if applicable. If Maryland has a law against simply selling antlers within the state, that's Maryland's provision, not the feds. However, if they're illegally sold under STATE law, that's where the Lacey Act can kick in.

    For shipping/transporting out of the country - even Canada - then yes, federal permits are required and doing so without is technically illegal. But Lacey generally only applies to illegally-taken wildlife and plants (since 2008) and illegal guiding/outfitting operations.

    As far as wardens treating people "like criminals." remember that they don't "know" you. YOU may know you're squared-away and law abiding. They don't.

    Also remember that law enforcement has changed drastically in the last 30 years. You're not going to find many wardens taking the "Andy Griffith" approach to enforcing the law. Especially since Claude Dallas, wardens are also now regarded by their agencies as law enforcers more so than previosuly, so their training is going to reflect that. We live in a much more dangerous world than it once was, and a warden's guard is usually going to be up for that reason.

    If a ticket seems chickensh%^, maybe it is - ? That's what court is for, and I don't know of a single state where you don't have the option to fight a ticket (if there IS one, someone please correct me).

    Are some wardens jerks? Absolutely. Some may also be new to the job and not know it inside and out. That said, wardens are people, just like everyone else, and are a reflection of our society - there are jerks and there are good folks.

    Now, if someone is unprofessional (and simply writing a citation doesn't make that the case) that should be brought to the attention of a supervisor because it's not taught and is uncalled for (no academy I know of tells trainees that taxidermists are automatically running afoul of the law, BTW).
     
  5. gab

    gab Active Member

    yes,but some legally taken items must be accompanied by cites tags or certificates
     
  6. Huntman

    Huntman Guest

    Mac is right on the money. the Lacey act pertains to "illegal". Interstate commerce pertains to legally acquired game. If a product is bought or sold within Maryland, then it is a state issue. Once bought or sold across state lines, it becomes a federal issue. It does not matter wether is is hand delivered, shipped, mailed or transported in any way. You can not buy or sell deer antlers in Maryland, or a 50 year old mounted deer head. A sale within the state is a DNR issue, and handled by the state. If that sale is over state lines, it is a Federal issue not the states. The USF&W service superseeds and state law. Besides the USF&W, you are also in violation of the US Dept. of Commerce. "Interstate Commerce" is a grey area anyone buying and selling needs to be aware of.Mac is also right, that the law was amended in 2008
     
  7. 3bears

    3bears Well-Known Member

    6,247
    2,115
    MN
    Mac67, something you wrote, doesn't sit well with me and I'm guessing others as well.
    "As far as wardens treating people "like criminals." remember that they don't "know" you. YOU may know you're squared-away and law abiding. They don't."
    That is correct, they don't know, but what happened to "innocent till proven guilty"?
     
  8. gab

    gab Active Member

    3bears there are a lot of dead and wounded state troopers that have prescribed to that theory.when you're approaching an unknown situation with armed participants you better be aware and alert.
     
  9. 3bears

    3bears Well-Known Member

    6,247
    2,115
    MN
    gab, I understand that. I also understand that wearing a badge is often times related to wearing a target. That does not circumvent my rights. Just because I am armed doesn't automatically mean I have malicious intensions. No, I don't live their life or perform their jobs, but that doesn't make them better or more right than me. I will always respect the job they do and respect the officers, but it is a 2 way street. Fortunately, every warden I have been in contact with has been professional and respectful towards me and my rights.
     
  10. Mac67

    Mac67 New Member

    24
    0
    You're correct. Everyone should be given the benefit of the doubt. What I meant was...a warden these days - especially a younger one - is probably not going to take the "good old boy" approach and naturally assume that everything is good to go without checking first, looking at paperowk, etc. Just because they do that, it doesn't mean they're treating anyone like a "criminal." it just means that person is an unknown quantity to them.

    Sorry if I wasn't clear.
     
  11. 3bears

    3bears Well-Known Member

    6,247
    2,115
    MN
    I understand caution and do not wish for any officer to be harmed doing their job. I have friends that are and were in law enforcement and we jab back and forth on this as well. A person, no matter who you are, just plain and simple doesn't ask a person you presume to be innocent the same questions or in the same manner, that you ask a person whom you presume to be guilty.
     
  12. George

    George The older I get, the better I was.

    I'm 600 miles from my PC right now but I see a lot of shifthouse lawyers her who know only enough about the Lacey act to be dangerous. I have a link on my PC by a law professor explaining to students that with the Lacey Act, ANYONE can be arrested for LEGAL and illegal wildlife harvests. It's a catch-all and one of the most controversial of all times. The crux of that law states that if taking it possessing that animal is illegal in any part of the world, you have violated that law.
     
  13. 3bears

    3bears Well-Known Member

    6,247
    2,115
    MN
    George, I have an issue with the some stuff in your post. I don't believe I can be arrested for legally harvesting wildlife. It is perfectly legal to take and possess or sell the skins of black bears here in MN, but not in Cali. In your post you are telling me that I am breaking the laws of the Lacey Act by doing so. I find that hard to believe. I think maybe someone interpreted the wording incorrect somewhere.
     
  14. Mac67

    Mac67 New Member

    24
    0
    There generally has to be two "steps" to make it a violation of Lacey: 1) illegal taking, and 2) transport. Legal harvests can not trigger the Lacey Act if what you do is legal in that particular jurisdiction.

    I only say "generally" because this does not include the illegal hunting and guiding provisions of the act.
     
  15. roostinridge

    roostinridge Active Member

    Mine is good, not a problem--told me I had to many records. Can't complain they have treated me well.