Game Warden Power ?

[turkeyrun]

I have always thought, and seeing responses here seems to reinforce, IF you are legal,what does it matter that GW checks?

We have given them this power in our effort to stop illegals.

Many years ago, opening morning of teal season, dove also open. Around noon and we weren't seeing anything but swarms of red eared black birds.

I had my 9yo son and 2 of his buddies, plus my 2 hunting buddies. We let the boys bust a few black birds.

See a 'gray' truck tearing down the road. 2 GW come up. 1 walks up, all friendly, seeing the boys have the guns and starts asking us about our hunt. #2 goes to my truck, throwing stuff out on the ground, looking in tool box, dumping bags, etc.

Presented our licenses and my Hunter Safety Instructor card (almost as good as a badge, in my experience).

He told us they had caught 3 groups shooting quail, have a nice day and if we see anything, let them know.
#2 starts back to their vehicle, looking PO'd.

As I started to say something, #1 tells him to pick everything up and put it back orderly.

1. Were we illegal? NO
2. Did they have probable cause? Just because they heard shots? Possibly, I was happy they had caught some illegals.
3. Was #1 doing his job in a professional manner? Yes
4. Was #2 a prick? I believe TOTALLY.
5. Are there good and bad in every profession? D'uh
6. Were we upset about the happening? No, #1 was a good guy. YES, #2 was a prick. I sent a letter to WD giving both officers name and badge number.

This is the only 'unpleasant' encounter I have ever had.

 

[Jared]

Oh come one Jared! You can do better the that. Set this thread straight! What's the extent of a GW power? What is there, if anything yall can do or have ways around stuff yall get away with that normal LEO can't?

Here is the short version without me having to cite state laws, case laws, and supreme court decisions. GW "power" isnt any greater than any other State LEO, GW has jurisdiction throughout the entire state along with a commission from the Feds allowing the GW to enforce Fed Wildlife Laws. GW is still required to establish probable cause before any search or seizure (as we (the citizens) are supposed to be protected from unreasonable search and seizure under the Constitution). However, the law allows a GW to check for hunting/fishing permits when a subject has been participating in such act. And yes, a GW can enter on private property when a reasonable suspicion warrants that hunting/fishing activities and/or violations of such may be or could be occurring or have occurred.

 

[doctorjj]

Here is the short version without me having to cite state laws, case laws, and supreme court decisions. GW "power" isnt any greater than any other State LEO, GW has jurisdiction throughout the entire state along with a commission from the Feds allowing the GW to enforce Fed Wildlife Laws. GW is still required to establish probable cause before any search or seizure (as we (the citizens) are supposed to be protected from unreasonable search and seizure under the Constitution). However, the law allows a GW to check for hunting/fishing permits when a subject has been participating in such act. And yes, a GW can enter on private property when a reasonable suspicion warrants that hunting/fishing activities and/or violations of such may be or could be occurring or have occurred.

Ok, so the next time I stop on the side of the road to text (because I don't text and drive) and Steve Loveland then stops me and searches my vehicle I can tell him to stick it up his xxx?

 

[criticalbass]

Turkeyrun, unless the regs have changed recently, those blackbirds are protected. The only birds allowed, last time I looked, were house (English) sparrows and starlings. The red wing blackbird, which I suspect is what your kids were shooting, is a "songbird," and is off limits, along with grackles and house eating woodpeckers.

Found it:

Protected Species
All migratory birds, which include all hawks,
owls, eagles, songbirds and all other birds except
resident game birds, house sparrows and starlings
are protected by federal and state law. House sparrows
and starlings are the only birds that are not
protected by either federal or state law. However,
federal regulations provide for the control of blackbirds
under a depredation order. For complete
regulations, see 50 CFR, Part 20.43.
Endangered and threatened species are protected
by federal and/or state law.

Not sure about the blackbird depredation order, but the red wing and the other blackbird are not the same critter if I recall correctly.

<edit> found more: http://www.law.cornell.edu/cfr/text/50/21.43 Seems like you can shoot 'em if there's a bunch offering an imminent threat to property. Doubt it'd be a solid defense.

Here's what the link shows:

§ 21.43 Depredation order for blackbirds, cowbirds, grackles, crows, and magpies.
You do not need a Federal permit to control the species listed in the table below if they are committing or about to commit depredations on ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner that they are a health hazard or other nuisance:




Blackbirds

Cowbirds

Grackles

Crows

Magpies




Brewer's (Euphagus cyanocephalus) Bronzed (Molothrus aeneus) Boat-tailed (Quiscalus major) American (Corvus brachyrhynchos) Black-billed (Pica hudsonia).
Red-winged (Agelaius phoeniceus) Brown-headed (Molothrus ater) Common (Quiscalus quiscula) Fish (Corvus ossifragus) Yellow-billed (Pica nuttalli).
Yellow-headed (Xanthocephalus xanthocephalus) Shiny (Molothrus bonariensis) Great-tailed (Quiscalus mexicanus) Northwestern (Corvus caurinus)
Greater Antillean (Quiscalus niger)

(a) You must attempt to control depredation by species listed under this depredation order using non-lethal methods before you may use lethal control.

(b) In most cases, if you use a firearm to kill migratory birds under the provisions of this section, you must use nontoxic shot or nontoxic bullets to do so. See § 20.21(j) of this chapter for a listing of approved nontoxic shot types. However, this prohibition does not apply if you use an air rifle, an air pistol, or a 22 caliber rimfire firearm for control of depredating birds under this order.

(c) If you exercise any of the privileges granted by this section, you must allow any Federal, State, tribal, or territorial wildlife law enforcement officer unrestricted access at all reasonable times (including during actual operations) over the premises on which you are conducting the control. You must furnish the officer whatever information he or she may require about your control operations.

(d) You may kill birds under this order only in a way that complies with all State, tribal, or territorial laws or regulations. You must have any State, tribal, or territorial permit required to conduct the activity.

(e) You may not sell, or offer to sell, any bird, or any part thereof, killed under this section, but you may possess, transport, and otherwise dispose of the bird or its parts.

(f) Any person or agency acting under this depredation order must provide to the appropriate Regional Migratory Bird Permit Office an annual report for each species taken. You can find the addresses for the Regional Migratory Bird Permit Offices in § 2.2 of subchapter A of this chapter. You must submit your report by January 31st of the following year, and you must include the following information:

(1) Your name, address, phone number, and e-mail address;

(2) The species and number of birds taken;

(3) The months in which the birds were taken;

(4) The State(s) and county(ies) in which the birds were taken; and

(5) The general purpose for which the birds were taken (such as for protection of agriculture, human health and safety, property, or natural resources).

(g) The Office of Management and Budget has approved the information collection requirements associated with this depredation order and assigned OMB Control No. 1018-0146. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. You may send comments on the information collection requirements to the Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., Washington, DC 20240.

[75 FR 75156, Dec. 2, 2010]

 

[RidgeHunter]

Ok, so the next time I stop on the side of the road to text (because I don't text and drive) and Steve Loveland then stops me and searches my vehicle I can tell him to stick it up his xxx?

Please do and report back.

 

[doctorjj]

Please do and report back.

Wonder what kind of Internet they have in the county jail??

 

[YukonGlocker]

Wonder what kind of Internet they have in the county jail??

Morse code works well.

 

[turkeyrun]

We always just called them 'rice birds'. They could make a mess of a rice field and there were thousands of them. GW had no problem with the kids shooting them. And they had a ball.

 

[justin_h635]

Turkeyrun, unless the regs have changed recently, those blackbirds are protected. The only birds allowed, last time I looked, were house (English) sparrows and starlings. The red wing blackbird, which I suspect is what your kids were shooting, is a "songbird," and is off limits, along with grackles and house eating woodpeckers.

Found it:

Protected Species
All migratory birds, which include all hawks,
owls, eagles, songbirds and all other birds except
resident game birds, house sparrows and starlings
are protected by federal and state law. House sparrows
and starlings are the only birds that are not
protected by either federal or state law. However,
federal regulations provide for the control of blackbirds
under a depredation order. For complete
regulations, see 50 CFR, Part 20.43.
Endangered and threatened species are protected
by federal and/or state law.

Not sure about the blackbird depredation order, but the red wing and the other blackbird are not the same critter if I recall correctly.

<edit> found more: http://www.law.cornell.edu/cfr/text/50/21.43 Seems like you can shoot 'em if there's a bunch offering an imminent threat to property. Doubt it'd be a solid defense.

Here's what the link shows:

§ 21.43 Depredation order for blackbirds, cowbirds, grackles, crows, and magpies.
You do not need a Federal permit to control the species listed in the table below if they are committing or about to commit depredations on ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner that they are a health hazard or other nuisance:




Blackbirds

Cowbirds

Grackles

Crows

Magpies




Brewer's (Euphagus cyanocephalus) Bronzed (Molothrus aeneus) Boat-tailed (Quiscalus major) American (Corvus brachyrhynchos) Black-billed (Pica hudsonia).
Red-winged (Agelaius phoeniceus) Brown-headed (Molothrus ater) Common (Quiscalus quiscula) Fish (Corvus ossifragus) Yellow-billed (Pica nuttalli).
Yellow-headed (Xanthocephalus xanthocephalus) Shiny (Molothrus bonariensis) Great-tailed (Quiscalus mexicanus) Northwestern (Corvus caurinus)
Greater Antillean (Quiscalus niger)

(a) You must attempt to control depredation by species listed under this depredation order using non-lethal methods before you may use lethal control.

(b) In most cases, if you use a firearm to kill migratory birds under the provisions of this section, you must use nontoxic shot or nontoxic bullets to do so. See § 20.21(j) of this chapter for a listing of approved nontoxic shot types. However, this prohibition does not apply if you use an air rifle, an air pistol, or a 22 caliber rimfire firearm for control of depredating birds under this order.

(c) If you exercise any of the privileges granted by this section, you must allow any Federal, State, tribal, or territorial wildlife law enforcement officer unrestricted access at all reasonable times (including during actual operations) over the premises on which you are conducting the control. You must furnish the officer whatever information he or she may require about your control operations.

(d) You may kill birds under this order only in a way that complies with all State, tribal, or territorial laws or regulations. You must have any State, tribal, or territorial permit required to conduct the activity.

(e) You may not sell, or offer to sell, any bird, or any part thereof, killed under this section, but you may possess, transport, and otherwise dispose of the bird or its parts.

(f) Any person or agency acting under this depredation order must provide to the appropriate Regional Migratory Bird Permit Office an annual report for each species taken. You can find the addresses for the Regional Migratory Bird Permit Offices in § 2.2 of subchapter A of this chapter. You must submit your report by January 31st of the following year, and you must include the following information:

(1) Your name, address, phone number, and e-mail address;

(2) The species and number of birds taken;

(3) The months in which the birds were taken;

(4) The State(s) and county(ies) in which the birds were taken; and

(5) The general purpose for which the birds were taken (such as for protection of agriculture, human health and safety, property, or natural resources).

(g) The Office of Management and Budget has approved the information collection requirements associated with this depredation order and assigned OMB Control No. 1018-0146. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. You may send comments on the information collection requirements to the Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., Washington, DC 20240.

[75 FR 75156, Dec. 2, 2010]

Color me guilty cause as a young buck my daisy red rider took a ton of grackles, rwbb's, and meadowlarks. Cats used to follow me like I was 9 year old pied piper.

 

[turkeyrun]

Papa would send us out to the mulberry tree to shoot robins.
Grandma would catch us and whoop our butts. Then make us clean them since we shot them.
Fried robin, biscuits and gravy is some gooooooooooood eatins.