Can Someone Answer this Hunting Question for Me?

[Nala]

Hey all,

Me and a couple online people have a bit of a dispute and I know someone on here can give me the right answer.

We were talking about taking animals that aren't listed in the Game and Fish Regs and whether it is legal to kill them or not.

As an example, lets say you are sitting in your tree stand with your bow in OHIO and you hear a noise and under you suddenly walks an OSTRICH or a Kangaroo, could you legally take it?

I say you can, they are trying to say that virtually every state has provisions in their hunting codes that only animals with legally established season, size limit, bag limit, etc) may be "taken" (ie hunted). All other critters are off limits.


Who would you say is correct?  I don't think I have ever read in the regs from Ohio where I used to live for over 20 years anything like that where only animals with established seasons, etc, could be taken.  Maybe I missed it though.

Settle this please.

Thank you for the help.

Nalajr

[WINDTALKER]

Not sure about every place but I was told by a game warden once concerning turkeys that were clearly not of the wild type(wild-heritage breed cross). That they would be considered private property and off limits to shoot with out permission. So I'd say no ostrich hunting unless it was feral ostrich. On the other hand I once inquired about killing local rattlesnakes and was told by another warden that unless protected federally or by some other state law that you only needed a hunting license to take for personnel use any non-game animal. Just my experiences here in Oregon, hope it helps. Art

[boznarras]

Don't know how it is elsewhere, but a few years ago there was a case here that showed taking species not covered in the regs is illegal in Alaska.
We had a cougar show up, presumably after swimming across from island to island from the mainland. Normally we don't have cougar in southeast Alaska. A local shot it and brought it to town. He was cited by the game warden, and the cat was confiscated.
Apparently if there is no specified open season, you can't legally take an animal.

[Nala]

WOW!!

I would've thought it would be A-OK in Alaska.  Their game regs are like a BIG CITY PHONEBOOK.  I can't imagine that they missed covering something in that tome.

I guess I would've thought that if anything wondering into your sphere while hunting and it isn't listed in the regs or naturally isn't an ENDANGERED SPECIES, it would be OK to take it.  That's why I used the Ostrich or Kangaroo reference.

I'm gonna call the Texas Game and Fish and see what they have to say.

Thanks all.

Nalajr

[old_goat2]

I think some of it dependes on if they are a native or non-native species. And I'm talking, native to North America, not a particular state as in the Alaska/Cougar example above. And then as stated, I'm sure it varies state to state! Someplace I used to live and I think it was Texas where there's lots of exotics, if you seen say for instance an Axis Deer, it was fair game, but being my memory is suspect, better call the DNR like you said!

[Thumper Dunker]

In california you can take non game animals unles they are listed as protected. But you canot take some ones live stock. I would think if I seen an ostrich it would be someones pet.We have so many wacy laws in this dumb state you do not know whats legal and whats not any more. Each state going to be a little or a lot difrent.

[Arkansas Osage]

In arkansas the game and fish regulations specifically say if an animal does not have a hunting season it is illegal to kill it and they use a snake as an example. Which sucks because although the game and fish of arkansas won't recognize them there are a few scattered mountain lions throughout the northern part of the state. Granted, some of these are mountain lions that have escaped captivity (many meth cookers keep them to release during a bust) and they may or may not be declawed, but many people swear there is a breeding population. If one of these animals was to be in range of a hunter, bow or gun, it would be illegal to kill it because in Arkansas it is not recognized as a game animal with a defined season.

[TSHOOTER]

Originally posted by Arkansas Osage:
(many meth cookers keep them to release during a bust)

[bicster]

Go a step farther and get an email response. That way you have proof of what you are wanting to do is okay. I am talking about chipmunks or other small animals too.

[BAK]

We have no season in Iowa for Cougar.  Hunter took one a year or two back out of a tree after checking with the DNR via cell phone.  He was told that if there was no season on the animal it had no protection and could be hunted.

[Whip]

I'm sure that the answer varies considerably from state to state depending on exactly how the regulations are worded.  Here in WI, there is a list of protected species for mammals, reptiles, and birds.  (All wild birds are protected unless specifically mentioned in the regulations)
If an animal is not specifically mentioned in the regulations and is not otherwise endangered, threatened, or protected, it is legal to shoot.
You had better know what is or isn't on the list.  

And most important of all, don't base your decision on what you read from someone else's opinion on the internet.  Look up your own states regulations and read and understand them completely.

I know your discussion was probably more for the sake of argument than a real question, but I would also wonder what the purpose of shooting an animal would be.  Killing something just because it is legal is not enough in my mind.  Would you eat it, or is it an invasive species of some kind?  

A number of years ago there actually was a kangaroo captured not too far from where I live.  They never did figure out where it came from, and it went to a zoo somewhere I believe.  But if it had walked by my tree stand before being caught, I can't imagine that I would have killed it on sight   just because I could.

[dragonheart]

If you see Bigfoot, go ahead and take him.  You will be able to afford the legal fees.    

[Zack Harris]

I had a discussion about this with an Ohio DNR officer a few years ago.  I was telling him about an Elk I'd seen in a hay field mixed in with a bunch of deer.
He said they got occasional calls about it and that it probably escaped from a farm.  Anyway, he told me that it WOULD be legal to shoot an elk in Ohio since they are not considered a game species in the state and there are no regulations regarding them.
Not sure it's quite so cut and dry though.  You wouldn't be in violation of any game laws, but might face some kind of civil liability for shooting someones' escaped "livestock".

[Bowhunter4life]

In most states it is illegal to shoot non-game animals (animals without a defined season)...  In my thinking, I would have to assume that it was the property of someone and has gotten loose...  The Ostrich/Kangaroo reference wouldn't be much different then say a Cow/Llama/Sheep/Goat/Horse in most states... But, Zoo animals do get loose from time to time so some strange instances could be presented...  

I grew up in Southern Minnesota, and one year there was an Elk that was seen often in a local farmers alfalfa field... (not a native animal to the area, or at least for a very long time...) Someone shot it during the hunting season, and he did get cited for doing so... and got his picture in the local paper.  Not sure where the Elk came from, but most likely from a Zoo type operation.

Personally I wouldn't shoot something I'm not hunting just because the opportunity arises...

[beaver#1]

In Texas you can kill any animal that is not originally from this state as long a it not protected. Just have to have a hunting license.  I think elk are even on our list of foreign animals.

[JimB]

Nala,I think you are going to find that you are both correct,depending on state.Some states will specifically state that if there is no season,they can't be taken.As far as them saying "virtually all states",I doubt that very much.

[Jeff Hren-Renegade]

That question has Come up in Michigan recentley with Cougar. It Is Illegal to Kill them weather in the regs or not. That being said for a long time there was nothing in the regs about feral pigs but they encouraged Killing of them.!
 i would imagine like most states they seem to like leaving gray areas & leave it up to the field officer if he feels like writing a Ticket.
 Also in MI the regs say if it is a escaped animal from a Game farm. the Farm Has 24hrs to recapture the animal after that it is considered fair game. But depending on which DNR officer you talk to that is up for interputation.

[monterey]

Originally posted by beaver#1:
In Texas you can kill any animal that is not originally from this state as long a it not protected. Just have to have a hunting license.  I think elk are even on our list of foreign animals.

That's how it was explained to me when in Texas.  Was told there is no closed season on elephant!  :eek:  

The rancher we were hunting hogs with killed an emu on his ranch and made jerky out of it.  Asked him why and he said "cause it was trespassin".  And that there is how it is done in texas.  

[Mike Mecredy]

In Idaho, if you are on public land and an exotic animal that doesn't belong there happens by it's legal to kill it.  (Sheep, goats, horses, cows, etc. are the exception of course)

[DoubleB20]

Here's the Texas Scoop on Non-Game Animals. Depends on if the animal is on public vs private property.

 http://www.tpwd.state.tx.us/regulations/fish_hunt/hunt/nongame/