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mcelkhunter

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Posts posted by mcelkhunter

  1. Posted · Report reply

    Amanda, mcelkhunter had a pop-up very similar to that on. Next week, while sitting around the fire with something cold and sudsy I will tell you about the time he got stuck inside the trailer. It's a good story that has been shared around many campfires by our hunting group.

     

    Ah, the good old days!!

  2. Posted · Report reply

    Bob's hunt started about 5 years ago during a conversation when he was on a visit to Arizona. Bob and I are long time friends from high school and have seen each other only a handful of times over the last 30 years. He happened to be out visiting during an archery pig hunt and came along for a ride. During the day we talked about him coming out although at that time he really hadn't started archery hunting. He took it up a few years ago in NC and was finally ready to come out. He called me and got the info and flew out on Jan 4th. We only had a few days to hunt as I was starting a new job on the 9th.

     

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    The first day we were able to get Bob on a herd of pigs but he was not able to get a shot due to the thick brush although we were right on top of them. He was pretty excited being so close and hearing them whoof at us.

     

    The next couple of days we had a hard time finding any pigs except for a herd up on a very steep mountain too late to go after. On the last day we were on them before we even got to where we were going jumping a herd a the side of the road. They crested a ridge and Bob and I decided to try to get on them while the rest of our group went to our glassing spot.

     

    After going over the ridge we were unable to locate the herd but did find one lone pig but couldn't get on him. We decided to skirt the wash we thought the pigs went into, of course further away from the truck. When we were a ways from the truck we got a call that our spotters had another herd, unfortuneately way up on the same steep mountain we had seen them the day before. We high tailed back to the truck and headed for the rest of our party. After a quick bite to eat we headed after the pigs.

     

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    It took all of about 2 hours just to get in the general vacinity we last saw the pigs. It was so steep and thick with brush that our spotters lost the pigs. When we finally got to where we thought they were we were pretty wore out so we took a break on the mountain. At this point Bob commented that if we didnt find the pigs he might just shoot the guy who glassed them up (my good friend Pine Donkey)

     

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    We knew they had to be close so we decided to skirt the ridge. We finally jumped them out of their bed and Bob was able to make a great shot, the pig ran about 30 yards and expired in a pile of brush right in front of us.

     

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    My son and his buddy offered to hustle out to us and pack the pig back, an offer we graciously accepted.

     

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    What a great time with an old friend. I think he will be back and will probably be applying for elk since he already has the license.

  5. Posted · Report reply

    yeah that snake is rediculous, since i dont eat them i usually let them live unless it's bigger than the skin on my wall and that snake is real close. i am trying to get a skin from each legal species in az so far i have d back, black tail, sidewinder, and tiger. have encountered az blacks and a mojave but wasn't in the position to take care of the skins so i let em live. neat badger! are you gonna get a mount or have the skull cleaned?

     

    Gonna do both. A little rug and do the skull

  11. Posted · Report reply

    In the last 12 years of hunting and guiding, I have yet to see a G&F warden durring my hunts...

     

    +1 as I have yet to see a single game warden.

     

     

    I saw the same game warden twice this past deer season and saw another on an elk hunt a few weeks ago.

  12. Posted · Report reply

    Hello All,

    Interesting topic...here's my 2 cents. First let's start with a few definitions:

    1) ARS 17-101 - Take - "Take" means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or the placing or using of any net or other device or trap in a manner that may result in the capturing or killing of wildlife.

     

    2) ARS 17-301B - Times when wildlife may be taken; exceptions; methods of taking - A person shall not take wildlife, except aquatic wildlife, or discharge a firearm or shoot any other device from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail, or a floating object towed by powerboat or sailboat except as expressly permitted by the commission. No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway.

     

    Ok, now that we have the definitions, let's talk about the law. It's based on a reasonableness standard which means "what would a reasonable person do or think" Courtesy of wikipedia.org, below is the definition of a "reasonable person"

     

     

    The reasonable person (historically reasonable man) is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured. It is used to determine if a breach of the standard of care has occurred, provided a duty of care can be proven.

     

    The reasonable person standard holds: each person owes a duty to behave as a reasonable person would under the same or similar circumstances.[1][2] While the specific circumstances of each case will require varying kinds of conduct and degrees of care, the reasonable person standard undergoes no variation itself.[3][4]

     

    This standard performs a crucial role in determining negligence in both criminal law—that is, criminal negligence—and tort law. The standard also has a presence in contract law, though its use there is substantially different.[5] The standard does not exist independently of other circumstances within a case that could affect an individual's judgment.

     

    Ok, still moving on...I've read several peoples' responses and many of them talk about how a WM interprets the law, or they can interpret it as they see fit. Someone even mentioned that they can interpret it as they need or want according to their agenda. It's unfortunate some people think negatively of the AGFD and it's WM's like this. If we look above at #1 (take) and #2 (17-301B), I don't believe there is any misinterpretation for #2 as it reads pretty clearly..."No person shall take wildlife or discharge a firearm or shoot any other device from a motor vehicle". The definition of "take" however is where everyone is getting hung up on how it's interpreted. In looking at it more carefully, I believe people are only getting hung up on the word "pursue" as many of the other verbs are pretty clear.

     

    Many might ask why the word "pursue" in in the definition of take. People need a valid hunting license to pursue, capture and collect reptiles in AZ. Also, houndsmen need a valid hunting license to allow their dogs to pursue wildlife such as lions, bears, and raccoon's even if they are not successful. People can still be "taking" wildlife even if they fail to catch the snake or tree the lion or bear because they must "pursue" the wildlife first prior to capturing or killing it.

     

    Now back to road hunting...in many cases (not always as described below), the issuance of a citation for 17-301B - take from a motor vehicle, requires an overt action such as someone actually shooting from the cab of the vehicle or sitting in a lawn chair in the bed of the vehicle (bow in hand with arrow knocked). For many, an overt action is required to enforce this law.

     

    This law can also be enforced, however, based on what's called the "totality of the circumstances" which essentially means all things considered. This is probably where some of the interpretation issues mentioned in previous postings may have happened. For example, if I were sitting on a hill and I saw someone driving very very slowly back and forth along the same stretch of roadway for a long time and observed them stop several times in the middle of the road and glass, this is getting closer to road hunting. Let's say I contact them and they have the means to take wildlife readily accessible in the cab of the vehicle...now we are probably even closer. From what I have described above, can I prove in a court of law that the person was road hunting based on the totality of the circumstances?...maybe yes, maybe no. Some officers may pursue it and some may not. If I had video or very detailed notes over a long period of time, I probably could. If I had some type of overt action like pointing a gun out of the window, this would obviously be a best case scenario. Regardless, the burden of proof is on the state to prove the hunter was road hunting.

     

    Remember, the key is, what would a reasonable person do or think? They wouldn't say you are road hunting when you leave your house to go hunting even though you are going to be pursuing wildlife and you have the means to kill or capture wildlife.

     

    Hopefully this helps a little. Happy hunting to everyone.

     

    Thanks,

    Ben Brochu, Wildlife Manager 37B

    bbrochu@azgfd.gov

    520-591-7636

     

     

    Very well done. Thank You!!

  15. Posted · Report reply

    I don't think I know anybody that hunts that has not seen a game animal while driving and gotten out of the vehicle to pursue it. I see game animals all the time just driving to and from work and have gone home and retrieved my method of take and gone after them or just pulled off the road and went after them if I had a legal weapon. This season I would stop along the road in several places that offer decent glassing vantage points to look for deer while driving home from work.

     

    The law is very vague and while a game warden could probably cite many people for road hunting for what they believe the intent to be, being able to prove your intent in court is a totally different matter.

  19. Posted · Report reply

    I wonder if the snake had run into the badger and climbed the tree rather than taking him on?

     

     

    I thought about that too. I know they eat snakes but didn't know if they went after rattle snakes. Although recalling the honey badger video (I think on youtube) where he took on a cobra dont know why an Az badger can't get after a rattle snake!!

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