TD-40 Posted February 9, 2016 Share Posted February 9, 2016 Go out on a limb and pretend someone shot a sasquatch and hauled the body into town. The sheriff gets wind of this but what would he do? Could he charge the person with "poaching?" Does there have to be a state law that recognizes and protects a species or a hunting season to protect an animal and to be legally capable of charging someone with poaching something? Link to comment Share on other sites More sharing options...
Old Dog Posted February 9, 2016 Share Posted February 9, 2016 Poaching is the illegal taking of wildlife, in violation of local, state, federal or international law. Activities that are considered poaching include killing an animal out of season, without a license, with a prohibited weapon, or in a prohibited manner such as jacklighting. Killing a protected species, exceeding one's bag limit or killing an animal while trespassing are also considered to be poaching. Link to comment Share on other sites More sharing options...
Yuchi1 Posted February 9, 2016 Share Posted February 9, 2016 IMO, a poaching citation would likely be the least of your troubles as something of that nature would most assuredly be seized by the authorities and the subsequent forensic evaluation render a host of civil and criminal woes. No wonder Smeja (IMO) did a 180 to CYA by sending a piece of bear to Sykes. Link to comment Share on other sites More sharing options...
hiflier Posted February 9, 2016 Share Posted February 9, 2016 (edited) Hello Yuchi1, WHEW! Thanks. Glad you said that- I've been chomping on the bit for months! Anyway I've always thought poaching involved a controlled-by-law animal which ALL essentially are. I mean are there NO animals under some kind of agency program? And if so.....what does that say for cryptids? In states where mountain lions have been denied to exist are there laws still on the books in those states about taking them? Other than perhaps the old bounty laws that is. That could leave a telling loophole for some states. Edited February 9, 2016 by hiflier Link to comment Share on other sites More sharing options...
TD-40 Posted February 9, 2016 Author Share Posted February 9, 2016 Poaching is the illegal taking of wildlife, in violation of local, state, federal or international law. Activities that are considered poaching include killing an animal out of season, without a license, with a prohibited weapon, or in a prohibited manner such as jacklighting. Killing a protected species, exceeding one's bag limit or killing an animal while trespassing are also considered to be poaching. You defined poaching but what if the state doesn't recognize the species? What if you shot and killed a bigfoot? Does the state have to recognize the existence of an animal before it could be poached? Link to comment Share on other sites More sharing options...
norseman Posted February 10, 2016 Share Posted February 10, 2016 Poaching is the illegal taking of wildlife, in violation of local, state, federal or international law. Activities that are considered poaching include killing an animal out of season, without a license, with a prohibited weapon, or in a prohibited manner such as jacklighting[/size]. Killing a protected species, exceeding one's bag limit or killing an animal while trespassing are also considered to be poaching.[/size]You defined poaching but what if the state doesn't recognize the species? What if you shot and killed a bigfoot? Does the state have to recognize the existence of an animal before it could be poached? Biology does yes... There are cases of counties passing laws to protect myths. But nothing at the state or federal level. I mean Sasquatch has never been included in a federal environmental impact study for a proposed timber sale or a dam being built. But that doesnt stop a group of county commisioners from getting together and passing whatever law tickles their fancy. Hello Yuchi1, WHEW! Thanks. Glad you said that- I've been chomping on the bit for months! Anyway I've always thought poaching involved a controlled-by-law animal which ALL essentially are. I mean are there NO animals under some kind of agency program? And if so.....what does that say for cryptids? In states where mountain lions have been denied to exist are there laws still on the books in those states about taking them? Other than perhaps the old bounty laws that is. That could leave a telling loophole for some states. Can you flesh out your position as to why you think Yuchi is right? I'm not following..... Link to comment Share on other sites More sharing options...
spacemonkeymafia Posted February 10, 2016 Share Posted February 10, 2016 Hmmmm. I think I'll get out the chainsaw and feed the hogs well tonight. Don't need the Man on me. You all are right. Your life would be a nightmare after killing one,even for the hope of disclosure. 1 Link to comment Share on other sites More sharing options...
David NC Posted February 10, 2016 Share Posted February 10, 2016 (edited) In North Carolina, technically you would be breaking the law unless you were being threatened by said animal or it was causing damage to your property or domestic animals/crops. Taking It is unlawful for any person to take, or have in possession, any nongame mammal or bird unless you have a collection license or collecting fewer than 5 reptiles or fewer than 25 amphibians that are not endangered, threatened, or special concerned species. (see 15a ncac 10b .0200 for more information) The collection license is The executive director is authorized to license qualified (who is Qualified to hunt an unknown humanoid?) individuals to take or collect any species of wildlife resources except that Endangered, Threatened, Special Concern species may not be taken or collected except under a special permit issued by the executive director for research purposes. (see 15a ncac 10b .0119 for more information) Good luck getting a permit to hunt what all the " officials" call a myth. Very good way to protect a well hidden species under the radar. Edited February 10, 2016 by David NC Link to comment Share on other sites More sharing options...
Popular Post MIB Posted February 10, 2016 Moderator Popular Post Share Posted February 10, 2016 Bottom line ... it depends on which state you are in. I've said this before. Guess someone didn't want to hear so I'll say it again. Some states list the protected animals and anything not specifically listed is "fair game" year around. Other states list the animals that can be killed and the conditions they can be killed under. In those states anything not specifically listed is automatically "protected." Know your state's laws. I believe, but won't swear, that California, where the Sierra Shooting was done, lists the things that can be killed. If so, Justin Smeja did indeed break the law. If it had been done here in Oregon it would have been legal unless there were some other illegal component ... shooting from or across a public road, shooting from a vehicle, hunting by prohibited methods (spotlight, for instance), or trespassing. Know your state's laws. (See, said it again.) Do not assume what is true in one state has any resemblance to what is legal in another. MIB 5 Link to comment Share on other sites More sharing options...
norseman Posted February 10, 2016 Share Posted February 10, 2016 MIB, I had a very long talk with USFW. Those states that automatically protect not listed non game species? still recognize those species by taxonomy, meaning they are real scientifically. leprachauns, gnomes and trolls are not targeted by such a law, and scientific method of discovery trumps all. Link to comment Share on other sites More sharing options...
Guest Cryptic Megafauna Posted February 10, 2016 Share Posted February 10, 2016 If you shot a Homo Erectus you might get charged cause it's still "Homo" cide I guess lawyers would have to define the boundaries of a new species that may have some Homo Habilis or Erectus and some other genus. It's terra incognita as well as Homo incognita. Ape incognita anyone? Link to comment Share on other sites More sharing options...
Yuchi1 Posted February 10, 2016 Share Posted February 10, 2016 CM, Spot on as the legal woes (read: expenses) would be epic plus you would have your "prize" yanked away by the authorities. Your face would be the poster child for what is brutal and cruel and probably compared to the likes of ISIS. However, fools rush in.....and, lemmings keep running off the cliff.... Link to comment Share on other sites More sharing options...
FarArcher Posted February 10, 2016 Share Posted February 10, 2016 State laws are different. That's one reason that if I ever shoot one, it will have been shot in Texas. Link to comment Share on other sites More sharing options...
MIB Posted February 10, 2016 Moderator Share Posted February 10, 2016 Norseman - yep, good point. The only situation I can see shooting one in would be self defense where game laws don't matter. "reasonable man", fear for life and limb, etc. And I wouldn't be using it as a cover, it would have to be truly that. It would take a situation where I'd be equally justified shooting my own mother. (Put the hatchet down, mom. "Or else.") That is, unless I find something in my search that changes my perception of what they are. A mere F&B earth-born ape is not on that list, it would have to be something from the paranormal side with a truly nefarious agenda for all of us. I think it unlikely. If, however, that's what I find, I'll be happy to bring in an interdimensional demonic alien slab monkey. I'm just ornery that way I guess ... and I like a challenge. MIB 1 Link to comment Share on other sites More sharing options...
ShadowBorn Posted February 10, 2016 Moderator Share Posted February 10, 2016 If anyone ever does shoot one of these, I tell you what they are not going to question self defense. It going to be a clear and cut case if it ever comes down to me, I value my life. I only have one and I want to live as long as I can. Definition of poaching is it not taking game out of season by any means. This includes night time hunting with a light. But Texas is the place to hunt them and I believe that they are meaner or a lot madder there. My idea of going after one would be a rouge one that's killing live stock on farms. Link to comment Share on other sites More sharing options...
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