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Are you a poacher?

I just realized why guys don't walk deep into the backcountry to hunt. It's illegal. Unless you start 29 minutes before daylight. You are a poacher if you start to your hunting area before 1/2 hour before sunlight. Something to think about. Thought about that law today while sitting in my treestand.

You could probably do it as long as your gun was not loaded.

If bowhunting I guess your bow would need to be cased.

Not sure what the law says about it. Good points though.

The WV DNR for '16-'17 on page 3 says it is illegal to: Hunt deer, bear, or boar between 1/2 hour after sunset and 1/2 hour before sunrise or with an electronic call. Can't find one word that says I can't walk to my spot at whatever time I want, set up and wait for the legal hour to hunt. I also find most don't go deep into the woods anymore because either they are to old, to lazy, to out of shape, or don't want to drag a deer far if they get lucky.

Oh that has been the law for years. But if you are in the woods before or after legal shooting time you are considered hunting. And I agree about the lazy people not wanting to walk that far but unfortunately the law doesn't care if a hunter is not too lazy to walk,. I know a guy that got arrested for being in his stand before legal shooting time.

I would say this is one of most broken hunting regulations , take a drive out Mclintic Wma some late Oct morning a just count the hunters already in route to there stand well before daylight. I too have set in a stand or been in route a half hour before sunrise many times.

It has happened to me 2 years ago hunting on private land in Jefferson county. I hunted til last shooting light climbed down started walking out and it takes me about 30 to 40 minutes to walk to my stand from the owners house. When i got to my truck the DNR officer was there and asked for my license. I showed him and it was pitch black and I did tell him that it takes me 30 to 40 minutes to walk to access my stand and he said im not concerned about that. What the problem was is that one of the IDIOTS that had permission to hunt the property shot at a turkey on the roost during bow season. Well the arrow ended up in the neighbors yard beside the drivers door of there car and the neighbors called the DNR officer out there. Needless to say there is always a rotten apple in a bushel . There were 3 in that group and the owner told them to leave and never come back. But i did tell the officer id be more than happy to walk him to my stand so he could see how long it did take me to access it the stand and he was not concerned about it. I also asked him if he wanted to see my written permission as well and he said no i know you have permission or you would not be parked here by the house. He also gave me his personal cell phone number and told me if i ever needed assistance or had issues with anyone to give him a call and even if he was off duty he would put his uniform on and come out and take care of the problem. The DNR officers name is Dustin Kolb and he is one heck of a nice guy. So to really answer that question is hard to do, but that was my experience coming out a half hour past legal shooting light with a bow in my hand. Thats just my experience guys in that situation.

I never ate Poached deer, I like mine fried , grilled or broiled !

Lol Ron. You make the best tenderloin and jerky

Oh don't get me wrong. I've done it too.,it's impossible to get waaaay back in to your stand in a half hour.

I think it's up to the game warden but that is what the law says. If they want to overlook it they can I guess.

Well I guess I'm a poacher according to what y'all say, What's the sense of printing up a rule book, if your gonna leave out the rules... Sounds like entrapment to me, Guess I'll have to hire a lawyer if it comes down to it, as I'm not changing what I've been doing for 45 yrs now' As they say you can't teach an old dog new tricks, :)

The rules are spelled out. Can't hunt 1/2 before sunrise or 1/2 after.

As I stated earlier, I don't see walking and hunting as the same thing, I have contacted the WV DNR by email and explained to them our question and beliefs and asked for a clarification. I will post up their answer when I get something back. Until then I guess we agree to disagree. :)

Well you can interpret the law the way you want but if you have a gun on bow before or after those times you can be considered to be hunting. And again I have know several people here that have been arrested for walking out from their stand after legal hours. In fact I saw the other day where they arrested some guys for shooting deer at night. They were walking when they caught them. My whole point is they need to change the law if they are going to arrest people for walking out after legal shooting hours. Heck an ingenious hunter could be caught at 2 in the morning stating he had a long walk to his treestand. LOL. I guess its the attorney in me. I would say the answer to your question will be along the lines that it is up to the officer.

I got a response from the WV DNR first I will post the email i sent, then their response,.... Robert Hubbard 12:45 AM (23 hours ago) to dnr.law Hello, I am a member on a hunting site and the question came up on whether one is a poacher of by being in their stand or on their way to their stand before the legal hr to hunt, or not out of the woods by the end of the legal hunting time. Some have given reference to the fact that they got tickets in the evening when going to their trucks after dark. Of course I have no way of knowing factually, but it's what they proffered. I argue that indeed there is a hunting time written in the WV rule book, however there is no rule stating I can't walk to my stand before that time, or walk out of the wood after the legal ending time. Could you please provide me/us with the law if indeed there is such, or provide info to the difference. As stated there is no definite in the rules and its is confusing. I will be coping and pasting this email and your response so we all will know the exact rule, pertaining to our disagreement. Thank You First I want to say thanks to the WV DNR for a quick reply, Here is their response........ DNR Law Enforcement 10:49 AM (13 hours ago) to me Take a look at the link to Code of State Rule 58-45. You will see that different species, for example deer, specify times when they can be hunted. Rule 3.11 No person may hunt deer between thirty (30) minutes after sunset and thirty (30) minutes before sunrise on the following day. http://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=10272 You also have to look at the definition in Chapter 20-1-2. “Hunt” means to pursue, chase, catch or take any wild birds or wild animals. However, the definition of “hunt” does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial. “Take” means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. However, the definition of “take” does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.

The mere act of walking in or out of the woods would not be a violation. The officer would look at the circumstances involved in the situation to determine if someone was hunting outside of those time limits established for the season.

From: Robert Hubbard [mailto:[email protected]] Sent: Friday, April 14, 2017 12:45 AM To: DNR Law Enforcement Subject: walking to my stand

I think most NRP OFFICERS would know the difference between a hunter just walking to or from a stand and a hunter out poaching. Like i said dnr could come to McCLINTIC WMA most any OCT morning a write as many citations as they wanted if that be the case. I guess i will take my chances

I don't know if they were hunting bud they had bows with them

I don't know if they were hunting bud they had bows with them

Yea I would say it was up to the officer. And yes the DNR guy must have been a jerk.

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