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<blockquote data-quote="Dr. Tad Hussein Winslow" data-source="post: 1221960" data-attributes="member: 7123"><p>Well, no, not really - it's not - you cannot completely separate the two and isolate them each in a vaccuum. That would be oversimplifying things. Look at the big picture from the perspective of the OWDC / game management authorities. Things are inextricably tied from a grand scheme of things, wildlife management perspective, since both are hunted, and both do lots of damage to crops. The game/non-game distinction is more or less a meaningless disctinction, since they both are regulated to varying degrees as if they're game animals. For that distinction to have any real meaning, it would have to a situation where there are literally NO RULES on hunting pigs. The statute that has you riled up itself renders the non-game animal distinction essentially meaningless.</p><p></p><p>So, with that in mind, here's the analysis:</p><p></p><p>PIGS are wild animals that if not controlled / left unchecked, will do untold damage to crops and thus your livelihood if you're a farmer.</p><p></p><p>DEER are wild animals that if not controlled / left unchecked, will<em><strong> also </strong></em>do untold damage to crops and thus your livelihood if you're a farmer.</p><p></p><p>Now...</p><p></p><p>To cull those $^#$#^&# deer who are destroying your livlihood, you must do one of the following, EVEN ON YOUR OWN LAND: </p><p></p><p>1. (a) Wait until deer season, and (b) PAY MONEY for both license and tag, and (c) Harvest them with the appropriate method of take for the season following all other regulations (daylight, orange, no roads, etc.), <strong>OR</strong> </p><p>2. Get a depredation permit by following a procedure with the local game warden (admittedly a somewhat onerous procedure, as you describe), and kill as many as the permit allows.</p><p></p><p></p><p>On the other hand, to cull those $^#$#^&# pigs who are destroying your livlihood, you do one of the following, EVEN ON YOUR OWN LAND: </p><p></p><p>1. Harvest them with gun <em>on any day outside of deer ML and hunting seasons</em>, which comprise only 3 out of 52 weeks in a year, leaving you 94% of the year's time to harvest them with no permit, including archery seasons, subject to just a few regulations, <strong>OR </strong></p><p>2. Harvest them with weapon during deer gun or ML season also (the other 6% of the time), provided you buy deer license and tags, which you probably will anyway, because most farmers tend to hunt deer, <strong>OR</strong></p><p>3. Trap them at any time day or night, tag or no tag, 365 days a year (100% of the time), even during deer gun and ML season, <strong>OR</strong></p><p>4. Get a depredation permit by following a procedure with the local game warden (admittedly a somewhat onerous procedure, as you describe), during that 6% of the year (those 3 weeks of gun and ML seasons), if you just MUST shoot them during this 6%, and for some reason don't hunt deer yourself. And, although you have a good point about it being a PITA to get the game warden to give you a permit for this, I would guess (tell me if I'm wrong) that's its fairly easy to get when pigs are known to be in the area, and probably easier to get than a deer depredation permit. </p><p></p><p>This little rule that covers this 6% of the year is designed to keep the unscrupulous landowner from poaching deer without a license, by being in the field with a gun and no permit, no license, no nothing, and allowed to carry on when checked. Yes, it's a small burden to legit landowners, but that's got to be weighed against trying to reduce poaching landowners.</p><p></p><p>So, it's a LOT easier to cull pigs, with a LOT more choices, and NONE of them involve cost except hunting them during that 6% of the year (but you can still trap during that time). So this makes sense that the rules are less onerous on piggies, because they breed faster and do more damage. But the onerous-ness of the means of culling <em><strong>are</strong></em> roughly proportionate to the relative inequities between deer and pigs in the damage they cause, and their prolific breeding, seems to me. They are extremely prolific and damaging, yes, but the rules are also much much looser to match that, if you look at them objectively. Should they be even a bit looser? Yes, I think so, in terms of hunting them at night and with lights, as in Texas. But this particular rule doesn't seem too bad, given its intended purpose.</p><p></p><p>Point is, you're madder'n hell, *arguably* for good reason, but your reason or logic is not ANY MORE valid than landowners who are madder'n hell about having to buy a deer license and tag OR get a depredation permit to legally kill them deer destroying their crops on their own property, which happens a lot in north-central and northwest OK, and a lot of other places,too. Not any LESS valid, but not any more either. Bear in mind that even if YOU do not have any problems at all with deer damaging your land/crops, in some parts of the state, there are farmers that DO have a big problem with this, on a par with the problems that you and others have with pigs.</p><p></p><p>I'm not saying you shouldn't be riled up; just saying that it DOES make sense, IF but only IF you accept the deer regulations generally, including the one that you cannot hunt deer on your own land without a license - which makes a LOT of people REALLY riled up itself.</p><p></p><p></p><p></p><p></p><p>Another thing - if you read that carefully, and apply a plain English language interpretation of it, by implication, you ARE allowed to harvest them if they are NOT damaging your property. "No sir, that's not why I'm killing them - they don't damage my land; I'm just hunting them for food - so that law doesn't apply to me". That'd be a correct legal result, seems to me. In addition, that doesn't apply if you hunt them at night, assuming that the wildlife regs allow night hunting for them - If this is allowed, then that's the best time to hunt them anyway, and that law doesn't apply to you. Can you hunt at night, as long as you don't use a light? I always forget this, and/or I confuse Texas law with Okla. law on this. I don't think you can. I know that you cannot on public land.</p><p></p><p>In fact, I'd like to see the gov't prove that THIS pig that you killed is the ONE pig that "damaged your land". Your defense: "Yes, sir, some pigs were damaging my land, but it wasn't THIS pig - I've watched this particular pig on numerous occasions, and it only eats acorns." <img src="/images/smilies/biggrin.png" class="smilie" loading="lazy" alt=":D" title="Big Grin :D" data-shortname=":D" /> Whether that argument might work will hinge upon whether the word 'swine' in that sentence necessarily always implies multiple pigs generally, or whether 'swine' can instead sometimes be singular, meaning ONE pig.</p><p></p><p> </p><p></p><p>In fact, the "that is" in the phrase "that is damaging the property...." implies that the pig IS DAMAGING the property right NOW, at the moment of the harvest (i.e. a pig THAT IS presently 'in the act of' damaging at the time of the kill or attempt to kill). Defense: "Yes sir, all them pigs tear the bejeebus out of my land, but at that time I shot this one, it was in the woods - it wasn't 'is damaging' at that moment." <img src="/images/smilies/biggrin.png" class="smilie" loading="lazy" alt=":D" title="Big Grin :D" data-shortname=":D" /></p><p></p><p>Another thing: Legal shooting time for deer AND for pigs (I think) is "One-half hour before official sunrise to one-half hour after official sunset". That law there prohibits hunting pigs during "daylight hours". Now if "daylight hours" are found to mean "from official sunrise to official sunset", then that still gives you one hour each day to hunt them - one-half hour in the morning, and one-half hour in the evening. This happens to be the best time to hunt them anyway, outside of night hours. <img src="/images/smilies/biggrin.png" class="smilie" loading="lazy" alt=":D" title="Big Grin :D" data-shortname=":D" /></p><p></p><p><img src="/images/smilies/tongue.png" class="smilie" loading="lazy" alt=":P" title="Stick Out Tongue :P" data-shortname=":P" /> Just throwing out some different arguments that the game warden won't buy, but a court MIGHT, if you contest the ticket.</p><p></p><p></p><p>But back to the subject at hand - good job on the trapping, roos - looks like there's a bunch of them out there. Hard to believe someone would pay $50, but that's awesome that they do.</p></blockquote><p></p>
[QUOTE="Dr. Tad Hussein Winslow, post: 1221960, member: 7123"] Well, no, not really - it's not - you cannot completely separate the two and isolate them each in a vaccuum. That would be oversimplifying things. Look at the big picture from the perspective of the OWDC / game management authorities. Things are inextricably tied from a grand scheme of things, wildlife management perspective, since both are hunted, and both do lots of damage to crops. The game/non-game distinction is more or less a meaningless disctinction, since they both are regulated to varying degrees as if they're game animals. For that distinction to have any real meaning, it would have to a situation where there are literally NO RULES on hunting pigs. The statute that has you riled up itself renders the non-game animal distinction essentially meaningless. So, with that in mind, here's the analysis: PIGS are wild animals that if not controlled / left unchecked, will do untold damage to crops and thus your livelihood if you're a farmer. DEER are wild animals that if not controlled / left unchecked, will[I][B] also [/B][/I]do untold damage to crops and thus your livelihood if you're a farmer. Now... To cull those $^#$#^&# deer who are destroying your livlihood, you must do one of the following, EVEN ON YOUR OWN LAND: 1. (a) Wait until deer season, and (b) PAY MONEY for both license and tag, and (c) Harvest them with the appropriate method of take for the season following all other regulations (daylight, orange, no roads, etc.), [B]OR[/B] 2. Get a depredation permit by following a procedure with the local game warden (admittedly a somewhat onerous procedure, as you describe), and kill as many as the permit allows. On the other hand, to cull those $^#$#^&# pigs who are destroying your livlihood, you do one of the following, EVEN ON YOUR OWN LAND: 1. Harvest them with gun [I]on any day outside of deer ML and hunting seasons[/I], which comprise only 3 out of 52 weeks in a year, leaving you 94% of the year's time to harvest them with no permit, including archery seasons, subject to just a few regulations, [B]OR [/B] 2. Harvest them with weapon during deer gun or ML season also (the other 6% of the time), provided you buy deer license and tags, which you probably will anyway, because most farmers tend to hunt deer, [B]OR[/B] 3. Trap them at any time day or night, tag or no tag, 365 days a year (100% of the time), even during deer gun and ML season, [B]OR[/B] 4. Get a depredation permit by following a procedure with the local game warden (admittedly a somewhat onerous procedure, as you describe), during that 6% of the year (those 3 weeks of gun and ML seasons), if you just MUST shoot them during this 6%, and for some reason don't hunt deer yourself. And, although you have a good point about it being a PITA to get the game warden to give you a permit for this, I would guess (tell me if I'm wrong) that's its fairly easy to get when pigs are known to be in the area, and probably easier to get than a deer depredation permit. This little rule that covers this 6% of the year is designed to keep the unscrupulous landowner from poaching deer without a license, by being in the field with a gun and no permit, no license, no nothing, and allowed to carry on when checked. Yes, it's a small burden to legit landowners, but that's got to be weighed against trying to reduce poaching landowners. So, it's a LOT easier to cull pigs, with a LOT more choices, and NONE of them involve cost except hunting them during that 6% of the year (but you can still trap during that time). So this makes sense that the rules are less onerous on piggies, because they breed faster and do more damage. But the onerous-ness of the means of culling [I][B]are[/B][/I] roughly proportionate to the relative inequities between deer and pigs in the damage they cause, and their prolific breeding, seems to me. They are extremely prolific and damaging, yes, but the rules are also much much looser to match that, if you look at them objectively. Should they be even a bit looser? Yes, I think so, in terms of hunting them at night and with lights, as in Texas. But this particular rule doesn't seem too bad, given its intended purpose. Point is, you're madder'n hell, *arguably* for good reason, but your reason or logic is not ANY MORE valid than landowners who are madder'n hell about having to buy a deer license and tag OR get a depredation permit to legally kill them deer destroying their crops on their own property, which happens a lot in north-central and northwest OK, and a lot of other places,too. Not any LESS valid, but not any more either. Bear in mind that even if YOU do not have any problems at all with deer damaging your land/crops, in some parts of the state, there are farmers that DO have a big problem with this, on a par with the problems that you and others have with pigs. I'm not saying you shouldn't be riled up; just saying that it DOES make sense, IF but only IF you accept the deer regulations generally, including the one that you cannot hunt deer on your own land without a license - which makes a LOT of people REALLY riled up itself. Another thing - if you read that carefully, and apply a plain English language interpretation of it, by implication, you ARE allowed to harvest them if they are NOT damaging your property. "No sir, that's not why I'm killing them - they don't damage my land; I'm just hunting them for food - so that law doesn't apply to me". That'd be a correct legal result, seems to me. In addition, that doesn't apply if you hunt them at night, assuming that the wildlife regs allow night hunting for them - If this is allowed, then that's the best time to hunt them anyway, and that law doesn't apply to you. Can you hunt at night, as long as you don't use a light? I always forget this, and/or I confuse Texas law with Okla. law on this. I don't think you can. I know that you cannot on public land. In fact, I'd like to see the gov't prove that THIS pig that you killed is the ONE pig that "damaged your land". Your defense: "Yes, sir, some pigs were damaging my land, but it wasn't THIS pig - I've watched this particular pig on numerous occasions, and it only eats acorns." :D Whether that argument might work will hinge upon whether the word 'swine' in that sentence necessarily always implies multiple pigs generally, or whether 'swine' can instead sometimes be singular, meaning ONE pig. In fact, the "that is" in the phrase "that is damaging the property...." implies that the pig IS DAMAGING the property right NOW, at the moment of the harvest (i.e. a pig THAT IS presently 'in the act of' damaging at the time of the kill or attempt to kill). Defense: "Yes sir, all them pigs tear the bejeebus out of my land, but at that time I shot this one, it was in the woods - it wasn't 'is damaging' at that moment." :D Another thing: Legal shooting time for deer AND for pigs (I think) is "One-half hour before official sunrise to one-half hour after official sunset". That law there prohibits hunting pigs during "daylight hours". Now if "daylight hours" are found to mean "from official sunrise to official sunset", then that still gives you one hour each day to hunt them - one-half hour in the morning, and one-half hour in the evening. This happens to be the best time to hunt them anyway, outside of night hours. :D :P Just throwing out some different arguments that the game warden won't buy, but a court MIGHT, if you contest the ticket. But back to the subject at hand - good job on the trapping, roos - looks like there's a bunch of them out there. Hard to believe someone would pay $50, but that's awesome that they do. [/QUOTE]
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