NEW RULE FOR SHEDS?

[billrquimby]

A ban on baiting all types of wildlife is not the only rule change the Game and Fish Commission will be considering. Below is from the AGFD website:

 

Bill Quimby

 

 

The Commission proposes creating a new rule, R12-4-314, to address pick-up and possession of wildlife parts. There has been some misunderstanding regarding when individuals may collect wildlife parts. Outdoor activities provide a multitude of wildlife experiences, including the discovery of wildlife parts such as skulls, bones, or shed antlers. Current rule does not adequately address the legality of picking up fresh wildlife parts.

 

Under current rule in R12-4-305, an individual must demonstrate evidence of legality, such as identifiable parts and an applicable license or tag, to possess or transport wildlife parts.

 

Recently, the Commission had to address the situation where people were picking up the remains of deceased wildlife. According to the letter of the law, possession of wildlife parts is only allowable if there is some evidence of legality, such as a permit, tag or special license. There is no exception for an individual who, for example, would like to keep the antlers of a deer or elk that died from causes other than unlawful activity.

 

The Department intends to add this new rule to address this specific situation.

 

The Department believes that a separate “picking up and possessing” rule is necessary t o maximize understanding of what to do in this situation. The Department additionally recognizes the role that wildlife parts play in fostering interest and future participation in outdoor activities and would like to be more permissive in allowing this with the appropriate oversight that the new rule provides.

 

(The proposed rule follows)

 

R12-4-314. Pickup and Possessi on of Wildlife Parts

 

A. For the purposes of this Section, the following definitions apply:

 

1. “Fresh” means the majority of a carcass or wildlife part that is not exposed dry bone and is comprised mainly of hair, hide, or flesh.

 

2. “Not fresh” means the majority of the carcass or wildlife part is exposed dry bone due to natural processes such as scavenging, decomposition, or weathering.

 

B. If not in conflict with federal law, and notwithstanding any provision in Section R12?4?305 to the contrary, no license, permit, tag or stamp are required to pick up and possess naturally shed antlers and horns or parts of a wildlife carcass that are not fresh.

C. If not contrary to federal law or regulation, an individual may only pick up and possess a fresh wildlife carcass or its parts under this Section if the individual notifies the Department and:

 

1. The wildlife carcass or its parts show no evidence of death or wounding from any device used to take wildlife;

 

2. The Department’s first report or knowledge of the carcass or its parts is voluntarily provided by the individual wanting to possess the carcass or its parts;

 

3. A Department law enforcement officer is able to observe the entire carcass and its parts at the site where the animal died in the same condition and location as when the animal was originally found by the individual wanting to possess the carcass or its parts; and

 

4. A Department law enforcement officer, using the officer’s education, training, and experience, finds no indication that the animal may have been taken unlawfully. The Department may require the finder to take the officer to the site where the animal carcass or parts were found if an adequate description or location cannot be provided to the officer.

 

5. The Department has no duty to confirm legality in the event of non-availability of a Department officer.

 

D. If a Department law enforcement officer determines that the individual wanting to possess the carcass or its parts is authorized to do so under subsection ©, the officer shall issue a permit authorizing possession of the carcass or its parts. The permit shall contain:

 

1. A general description of the carcass or its parts;

 

2. The date of inspection;

 

3. Species of the wildlife carcass;

 

4. If applicable, horn or antler length and width, and points per side; and

 

5. A statement that the permit must remain with the carcass or its parts.

 

E. The Migratory Bird Treaty Act regulates the pick-up and possession of migratory birds and their parts. The provisions of this Article and regulations promulgated under the Act apply to a person in possession of birds, feathers, other parts, eggs, and nests.

 

F. Wildlife parts picked up and possessed from areas under control of jurisdictions that prohibit such activity are illegal to possess in this state.

 

 

[GRONG]

So if I'm reading this right basically nothing has changed.... No?

[GameHauler]

So if I'm reading this right basically nothing has changed.... No?

 

Thats how I read it also.

Maybe having a written permit is new?

[CouesWhitetail]

Seems to me they are just clarifying that it is legal to pick up skulls and sheds and such as long as they are not "fresh". Prior to that, apparently there was some rule wording that made it technically illegal to pick up and possess wildlife parts without a license of some kind.

 

Amanda

 

[Basser15]

Prior to reading this I was under the impression that if a skull from a kill still had a any hide or hair still attached it was not legal to pick up. The way this reads is as long as it's "not fresh" and only a majority of the animal is exposed bone then it is ok to pick up.

[elkaholic]

hello - I believe this is to help the officer when confronted by unique situations - I was told -several different things before- i found a skull and it still contained some dryed skin- one person said it was illegal because it wasn't completly bare boned - another no biggy it's old skull etc. So this will help clarify it in writting !! Gary

[Coues 'n' Sheep]

hello - I believe this is to help the officer when confronted by unique situations - I was told -several different things before- i found a skull and it still contained some dryed skin- one person said it was illegal because it wasn't completly bare boned - another no biggy it's old skull etc. So this will help clarify it writting !! Gary

 

 

I agree. This spells it out.

[AZantlerhead]

I'm just glad they havent taken our right to pick them up period, YET. Like NM and so many other states. Ok so I'll maybe have to stick the "fresh" ones in a tree for a year to be able too keep the darn thing? Old rule , now clarified, still don't like it but probly does keep poachers at bay, ohh well. Another BS rule brought on by shady hunters, thanks No guilty concience here, I'm haulin umm out. If they think they can get to the places I go and find mine to see if the "majority" of hair and hide is there than be my guest, I'll lead the way

 

Guilty until proven innocent, the new American way

 

 

[.270]

there was a lot of discrepancy in how the old rule was handled. there were several cases of azgfd guys really hammering folks with heads and a lot of other cases where azgfd guys just said it looked ok and let it go at that. i remember a couple years ago an azgfd officer making some pretty strong threats on this site about what he'd do if he caught someone with a head he thought was too fresh. now they have a rule that should make things a lot easier to manage and take some of the personality out of the equation. if you find a dead animal and there might be something fishy about it, call the azgfd and they'll have an officer get ahold of you and you can show it to em and if they fell there ain't a crime, theyll give you the head. at least that's been my experience. Lark.

[IHunt2live]

there was a lot of discrepancy in how the old rule was handled. there were several cases of azgfd guys really hammering folks with heads and a lot of other cases where azgfd guys just said it looked ok and let it go at that. i remember a couple years ago an azgfd officer making some pretty strong threats on this site about what he'd do if he caught someone with a head he thought was too fresh. now they have a rule that should make things a lot easier to manage and take some of the personality out of the equation. if you find a dead animal and there might be something fishy about it, call the azgfd and they'll have an officer get ahold of you and you can show it to em and if they fell there ain't a crime, theyll give you the head. at least that's been my experience. Lark.

 

Thats what I was going to say as well if in doubt just call them OR if its a MONSTER skull that will always give rise to debet.

For me, if it has been knawed on, sunbleach, or your run of the mill average sized aniamal I'll pick it up.

 

What about ram heads? Are they still leave them were you found it?

[CouesKilla]

Most game wardens I've met are pretty full of common sense. If I find some antlers I'm picking them up! If I think it is fresh I will report the dead deer to authories and just say the antlers were gone when I found it. Might end up helping find someones lost deer or catch a poacher. You really think G&F cares if you take the antlers?????????? Think of the rules intent, and use common sense.

[.270]

i'm pretty sure if you find a sheep head, or even a horn, you better contact the azgfd before you pick it up. if they don't have a lead seal in them, it's a serious offense. i saw where a guy had some photos of a sheep head he found on this site. he best have a seal in it. they ain't too freindly to folks to don't. Lark.

[RAM]

I was reading some controversy on picking up horns, sheep skulls, Elk and Deer skulls etc.. Not sure if .270 was talking about my Sheep skull that I found and posted, but I would like to clarify if it was my post. I was accompanied by a Game Warden on the day I found it and a lead seal was not needed.

 

Things may be different if the animal had been fresh.

 

-Ryan

[Simple Hunter]

I'm just glad they havent taken our right to pick them up period, YET. Like NM and so many other states. Ok so I'll maybe have to stick the "fresh" ones in a tree for a year to be able too keep the darn thing? Old rule , now clarified, still don't like it but probly does keep poachers at bay, ohh well. Another BS rule brought on by shady hunters, thanks No guilty concience here, I'm haulin umm out. If they think they can get to the places I go and find mine to see if the "majority" of hair and hide is there than be my guest, I'll lead the way

 

Guilty until proven innocent, the new American way

 

If you look at the rules, it says if not in conflict with federal law...That's why I posted the other topic in this forum regarding the new federal law. It appears it may be broadly interpreted to include antlers as paleontological finds. National Parks already ban antler removal.