quote:

Originally posted by DesertRam:

quote:

Originally posted by Aspen Hill Adventures:
Isn't access free to state owned land too? It is in Missouri. You want to hunt it, you buy the tag.

Nope, not in NM. The game and fish pays a hefty "rent" to the State Land Commission so hunters can use state ground. Aside from that, John Q. Public cannot hike, camp, cut wood, etc. on state ground without express permission of the entity leasing. In many respects, it's de facto private land.

Wow. That's really unfortunate. Seems like a lot of places are in essence, pay to play. Damn sad.

I fully understand as a non resident of a state having to pay non resident fee to hunt on private land. But I have to pay that fee to hunt on FEDERAL land. The state owns the game. Great, pay the feds grazing fees for feeding THEIR animals. The states don't seem to own the game when it gets on the highway and wrecks your vehicle.

There are some legal minds here and I have a question. If a person shoots an elk, out of season, no tag, uses an air rifle (Illegal gun)(harassing game) would that many charges constitute a felony?

quote:

Originally posted by carpetman1:
There are some legal minds here and I have a question. If a person shoots an elk, out of season, no tag, uses an air rifle (Illegal gun)(harassing game) would that many charges constitute a felony?

It depends on the laws as written in EACH state. Here's the applicable section of AZ's Title 17 , which contains all the pertinent legslative laws other than certain rules established by the game commission.

17-309. Violations; classification

A. Unless otherwise prescribed by this title, it is unlawful for a person to:

1. Violate any provision of this title or any rule adopted pursuant to this title.

2. Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title.

3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing.

4. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.

5. Take a game bird, game mammal or game fish and knowingly permit an edible portion thereof to go to waste, except as provided in section 17-302.

6. Take big game, except bear or mountain lion, with the aid of dogs.

7. Make more than one use of a shipping permit or coupon issued by the commission.

8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.

9. Litter hunting and fishing areas while taking wildlife.

10. Take wildlife during the closed season.

11. Take wildlife in an area closed to the taking of that wildlife.

12. Take wildlife with an unlawful device.

13. Take wildlife by an unlawful method.

14. Take wildlife in excess of the bag limit.

15. Possess wildlife in excess of the possession limit.

16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken.

17. Possess or transport the carcass of big game without a valid tag being attached.

18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait.

19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality.

20. Take game animals, game birds and game fish with an explosive compound, poison or any other deleterious substances.

21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed.

B. Unless a different or other penalty or punishment is specifically prescribed, a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.

C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor.

D. A person is guilty of a class 6 felony who knowingly:

1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully.

2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season.

3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission.

4. Assists another person for monetary gain with the unlawful taking of big game.

5. Takes or possesses wildlife while under permanent revocation under section 17-340, subsection B, paragraph 3.

E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.

quote:

Originally posted by carpetman1:
There are some legal minds here and I have a question. If a person shoots an elk, out of season, no tag, uses an air rifle (Illegal gun)(harassing game) would that many charges constitute a felony?

Here's the Texas Wildlife Code if you want to wade through it.

FROM AGFD:

******************



Jan. 28, 2021
Arizona Game and Fish Department


Comment period on proposed rule amendment to regulate the use of trail cameras ends Feb. 1


PHOENIX — Constituents are reminded that the comment period for the Arizona Game and Fish Commission proposal to amend rules within Article 3, Taking and Handling of Wildlife, to regulate the use of trail cameras for the purpose of taking or aiding in the take of wildlife, ends Monday, Feb. 1.

Public comments about the proposed rulemaking can be submitted through Feb. 1, 2021, via either:
Email: rulemaking@azgfd.gov
U.S. Mail: Arizona Game and Fish Department, Attn: Celeste Cook, Rules and Policy Manager, 5000 W. Carefree Hwy., Phoenix, AZ 85086.

More information about the proposed rule is HERE and also posted at https://www.azgfd.com/Agency/C...on/commissioncorner/.

The final rule will be presented to the five-member commission for consideration at the March 19, 2021 commission meeting.

To track the progress of this rule, view the regulatory agenda and all previous Five-Year Review Reports, and to learn about any other agency rulemaking matters, visit https://www.azgfd.com/agency/rulemaking/.