What Happened?

[jwilliams]

To the precedent setting case in Oburg that stated if you had your receipt for tamies that you are allowed to immediately follow preserve rules and regs?

Did this "go away"?
Will I "go away" for inquiring?

If I disappear jdfslaj=09

[DUCKMAN]

Excellent question! Who knows anything?

[tradorion]

its still out there- give it time and let the dust settle and the details can come out as to what eventually happens- as with anything on-going its not up for discussion yet.

for the record- the layman in me thinks that with the number of federal and state cases made previously for over-the-limit MRP birds that this is less of a major precedent than one might think... years of case law (USFWS and DNR) is on the side of MRP birds counting in your limit.

T

[JABIII]

Which is complete insanity. No hunter should be forced by the government to accept someone's nasty pet into their limit of wild ducks...

[jwilliams]

I disagree, Trad...You could have a 100 cases prior to, but doesn't the last on set precedent?
I am taking my chance shooting tamies tomorrow. I have my receipt.

[BOGSTER]

i agree with JAB, i think they should be given to the:afro: or tossed on the bank.
I don't agree with the fact that once they leave the releaser's property that they become "state owned".
I think it is the responsibility of the releaser to keep his pets where they belong.
Someone else posted about damage to their crops, I strongly feel that the MRP fella owes that man money for crop loss.
But then again, i haven't seen many scwa birds that are capable of eating eared corn.
But maybe the ducks released around me are that much dumber than the rest.

[Mergie Master]

Originally posted by JABIII:
Which is complete insanity. No hunter should be forced by the government to accept someone's nasty pet into their limit of wild ducks...

AMEN!!!

[Tuffy]

Bogster...I'm with you; and I ain't. I once tried to talk to that and it came out kind of screwed up like this:

"...that flight-capable domestic waterfowl, upon release, become the legal property of the state and subject to state management and regulation if it is possible for them to intermingle with the wild population and that their previous owners are relieved of some private property rights to these waterfowl, while maintaining other liabilities for their impacts."

Hard for me to make sense of that and I WROTE it. On the other hand, I believe every word of it. Still, I believe that I would have a hard time disagreeing with excluding them from the bag limit in line with what he said. The risks and negative impacts are reduced if NONE of them survive the season? I think that brings me back to their being "private property" that should NOT be released "into the wild". Raise them, kill them, but don't let them intermingle with the wild population.

I also believe "...that waterfowl that are hatched and/or kept in captivity for any amount of time beyond that required for banding or relocating purposes associated with state-sponsored management efforts, typically exhibit behavior not natural to the wild migratory population."

[tradorion]

It is what it is- and yes precedents can make for a new point of case law (thus the name "precedent") HOWEVER the preceding precedents also still carry alot of weight.

A number of years ago in another state (but precedents can cross state lines) there was a precedent setting case on a GW entering onto private land to check hunters- the judge ruled that entry illegal b/c the GW saw hunters but had no probable cause to enter the land to check them b/c he could see nothing illegal from the road he was on... I truly thought this case was going to give all of us in the GW game a jolt. I thought wrong.

It was not the precedent setter that many thought it would be.

T

[JABIII]

Is there any precedent for idiots sending you PM's from la-la land? I swear, I can't wait for the new forum to come online so we can use the IGNORE feature on certain paranoia inspired posters...

[justpracticin]

Generally speaking, you can have a lot of precedent setting cases that have differeing results. The only time one makes a difference ( other than to the people directly invovlved) is when it is appealed and it becomes caselaw. At that point, other trail courts are required to follow it.

[jwilliams]

I wish I had read this before I hunted this morning! What a ducky morning. I had forgotten the bone splitting power of #4 high brass. The birds started really moving about 7:30....Can you say HAMMER! I had my stamps, license, and receipt for my birds. I think I woke everyone in Alcolu up this morning with my first barrage when the first eight pitched in. Best hunt I have had all year!

[jwilliams]

I will post up pics of the 14 I smoked shortly. Anyone want to go in the morning? Meet me at Jerry's Truck stop! This is just like hunting in Mexico...no plugs, no steel, no limits! Join the fun.

[jwilliams]

I wonder if I have to abide by legal shooting hours if I have purchased birds?
Who changed my crappin avatar?