Felony on elk

[muleybull]

I was wondering if anyone had any information on this.

I'm hearing about a guy in northern Arizona that found a dead elk that scored around the 420" mark. Sounds like he took the horns home, but while packing them out he broke the skull plate. Then he took the horns to a local taxidermist to see if he could fix it. A Game and Fish Officer confiscated the horns, and the guy is facing three felony charges.

1. Stealing from the state of arizona
2. Destruction of state evidence
3. Tampering with state evidence

I didnt know it was illegal to pick up dead heads. I know people that have done it in Arizona and showed them to Game and Fish Officers, and nothing has happened to them. Just wondering if anyone has any additional info on this. Kind of makes you think twice about picking anything up. I called around and none of the departments could give me a for sure answer on the rules of picking up a dead head.

 

[Benado]

It seems like in Utah you have to have a tag for the animal-even if it's a winter or lion kill. Now, once it's at home 'they' need probable cause to search your house for something, but in the field I think you need some sort of permission to remove any type of big game animal. It's all hear-say, I can't get a straight response from anyone either. Just my 2 cents.

 

[muleybull]

I know in the New Mexico regulations is states that you may not pick up dead heads, they are state property. I'm not sure, but it seems like I saw something in the Nevada regs (dont have a copy with me) stating something about dead heads, but there is nothing in the Arizona regs except checking in a dead sheep head to have it stamped.

 

[HorseHunter]

Two years ago, we found a 6-pt bull that had been shot during the limited entry hunt the week before. We talked with the DWR officer and were told that we could not remove the antlers, at any time, if they were attached to the skull plate. We ended up taking the officer back to the dead animal where he removed them and turned them in for auction by the DWR. The next year, we also found a bull that appeared to have been winterkilled. We marked the GPS location and packed the skull and antlers out (becasue we didn't want to take the DWR back to it--it was too far and steep). They came and took the antlers and GPS coordinates and went back to the site of the kill to try and determine if it indeed was winterkilled.

For Utah, it is illegal to have in your possession any antler that is still attached to the skullplate, regardless of how it died, unless it was legally harvested. In addition, antlers that do not have "buttons" on the end from the normal shedding process are also illegal to have in your possession.

 

[Someburro]

You have to call a G&F officer to come to the site you found the bull first, then he will determine if it is needed for evidence. There is an an article on this very subject in last months Muley Crazy Mag.

 

[muleybull]

I called around to some of the different regional offices. One office told me just what someburro said. You must call and have a game and fish officer come to the site and try to determine cause of death, then he will determine if you can take the head or not. Another place told me that if it has no soft flesh or any odor it is okay to take. Another told me that unless you shot and lost the animal yourself, you could not have it. Another told me that under no circumstances can you take the head. Yet another told me it was okay to take any dead head that you yourself determined to have died of natural causes. It almost sounds like it all depends on which officer you run into.

I ran into the officer that cited the guy that picked up the elk head while I was looking for deer, he told me that any dead head is state property and it was illegal to take it, unless its a naturally shed antler. He wouldnt say much about the case with the guy and the elk head, but he did say that he was not suspected of shooting the elk. Just picking it up illegally (stealing from the state of Arizona).

Kind of scary to think that you may actually be facing felony charges for taking a head home.

 

[monroemtnshedfreak]

WHen I was sixteen I Found a bull looking for deer sheds that was all bedded up and foaming at the mouth. I couldn't even get him to stand up. I thought he might have m.c.d. so I Turned it in. the game and fish officer showed up shot the bull cut the antlers off and left. So I told myself I would never do that again. then about 3 days later while driving down the highway I spotted a dead bull on the hillside. I hiked up to it and there were two wounds on him that appeared to be bullet holes, so I called the damn fish cop again and he came up with me cut the horns off and left, What a crock of #####! I asked him if he was going to do any investigative work on the bull and he just said no and left. Ever since that spring I have not turned any more deadheads in, I either just leave them there or else take them home. What is the point in turning dead heads in if they won't even do anything about it.
,DAvid Bybee

 

[rost495]

David

Don't give up. You gotta keep at it. Giving up is what costs us in the end.

Get Fish and Game on the phone and report that you did that, and want to know what was done.

Not all law officers are upstanding. And he may be keeping them for himself which would be illegal. Also they may be doing the best they can, IE sell them. Or going back later when they have time to investigate. IE they have a hot case and can't drop it. More chance of prosecuting the current one etc...

One thing I"ve found is that a lot of them(most I'm sure) do the right thing. But some have extremely poor communications skills. IE they act arrogant and won't tell someone like you, hey thanks, we appreciate it(ever hear that from a law officer often??) but we've got a hot case right now. We'll come back later and do what we can and log info in case we get more data later(lots of cases are filed way after the incident) and if not, we'll sell them and put the funds into the state game coffers. That tiny bit of commo, that took longer for me to type, would certainly help.

Jeff

 

[jaburford]

Warning....

Do not justify illegal activity because of a Bad Wildlife officer. The only person that is going to pay is the person who breaks the law. It is not worth loosing your license for several years.

 

[polarbear]

Stash the head and come back for it after winter and the little critters have taken care of the flesh.

Eric

 

[rost495]

Hopefully no one thinks I'm condoning illegal activity due to a questionable game officer. I"m saying turn in the head and report the place so they can check it out. Then call in to their bosses and ask what ever happened.

PS leave it in the woods till later, pack it out and keep it and you are still illegal.

My apologies if I mislead anyone in my post.

Jeff

 

[muleybull]

Sounds like the problem is picking up a deadhead period. It doesnt matter how long its been dead.

Talking with some other game wardens in Arizona, it all sounds like it just depends on which officer has that particular area where you found the horns. Some will try to bust you, others wont. Almost sounds like a bogus law, no one in the Game and Fish really has an answere to this, however you still may find yourself in court facing felony charges.

I know there is a problem with people shooting these things out of season, and the game and fish has to approach every case the same. But the officer that busted this guy told me he was not suspected of shooting the elk. So why the felony charges? Seems kind of harsh.

 

[MartinHunter]

I have heard differing stories here in Wyoming also. The felony thing does seem harsh, because I know if you poach in Wyoming it is only considered a mistametor. I can not imagine picking up a dead head would be considerd worse then creating a deadhead?


Micahel