Photo by Anne Griffin

By Dr. Dave Samuel, Conservation Editor

This past winter, heavy snows in some parts of the West created major problems for wildlife. Many deer and elk were forced onto highways due to deep snows, leading to heavy mortality. For example, in Nevada, many deer were killed on roads around Reno. Herds of over 100 were seen crossing highways. Once on the roads, deep snows often prevented them from leaving, making auto collisions much more likely. In response to the problem, the highway department posted warnings on portable message boards warning motorists of the dangers.

Meanwhile, Utah officials fed mule deer in two counties where heavy snows were unusually deep. But the elk near Gardiner, Montana, are suffering from another problem — wolves. Apparently wolves, bears, and mountain lions have hit elk so hard that this year’s winter hunt, aimed at cows that leave the park, was reduced from 1,180 to 148. Ever since wolves were introduced into Yellowstone in 1995, elk numbers have slowly but steadily declined. Of course, the problem here is that you can manage the elk, but managing the wolves is an entirely different biological and political problem.

Will Virginia Get Crossbows?

In recent years we’ve seen Georgia, Alabama, Maryland, and other states adopt some form of crossbow hunting. Apparently Virginia will be the next state to move in that direction. House Bill 2200, which gives authority to the Department of Game and Inland Fisheries to create a crossbow license, easily passed the Virginia House and Senate and now awaits the Governor’s signature. That is almost assured, leading to a state wildlife agency proposal to create the license. Public hearings will address all upcoming regulations changes, including the crossbow issue. A final vote will occur in October. Unless there is more opposition then there was to Bill 2200, the crossbow will become legal in the 2006 archery season.

Check These Court Cases

Idaho law makes it a felony to illegally kill any combination of wildlife species within a 12-month period that has a total assessed value of more than $1,000. The law further notes that the assessment involves killing a trophy big game animal and defines a “trophy” as any big game animal that meets Boone and Crockett standards. In a recent court case a defendant was charged with killing a trophy whitetail after dark using a spotlight. He wanted the charges dropped, stating that the definition of “trophy deer” was vague. Since the officer who measured the deer was certified by Boone and Crockett, and since the measuring methods are standard for all, the court found that the definition was not vague, and, on appeal, the defendant was found guilty.

In another case in Montana, an undercover officer posed as a nonresident hunter. He did so as part of a Montana Department of Fish, Wildlife and Parks investigation of a person acting as an outfitter without a license. After extensive interactions, the defendant helped the officer purchase a resident license. He was charged with guiding without a license and with assisting an unqualified applicant to obtain a resident license. The defendant appealed, stating that the conservation officer was a resident of Montana, and, thus, was not “unqualified” to get a resident license. The court ruled in favor of the defendant on this portion of the charges.

Another interesting case involved evidence that a Montana game warden obtained from a taxidermist. The defendant was charged with hunting during a closed season (he was hunting with a gun in the bow season) and with unlawful possession of a game animal. The defendant gave an elk cape and antlers from a supposed bow kill to a taxidermist, but his butcher found a bullet in the elk’s vertebrae and reported this to the game agency. The game warden went to the taxidermist and recovered lead fragments from a wound on the elk hide. The defendant argued that the evidence was obtained without a search warrant, protesting that there was an “expectation of privacy” because it was a private taxidermist. Hmmm. The court ruled for the state, noting that once the hide was in the hands of the taxidermist it could not be shielded from the public. The court further noted that, indeed, the purpose of taking animals to taxidermists is so they can be immortalized so others can view them. And the game warden did just that.

The Bait Debate Continues

Years ago you only heard of baiting deer in Texas. Times have changed, and the emergence of diseases has provided a catalyst to end the growth of baiting deer. However, such change to a hunter population that has “learned” to hunt over bait does not come easy. In Wisconsin, for example, sharpshooters are being hired by the DNR to shoot deer over bait in CWD zones — causing some hunters who can’t use bait to vent their anger. The Wisconsin DNR is in a no-win situation. We know that bait stations are sites where CWD can spread. We also know that lowering deer numbers in CWD areas slows the spread of that disease. In some areas hunters just can’t take enough deer to do the job. Thus, going to sharpshooters over bait in some localities is probably necessary, but hunters who are used to hunting over bait (but are no longer permitted to do so) won’t like this option any more than they appreciated the bait ban.

In West Virginia, baiting deer has been quietly growing, especially in the past 10 years. With that growth have come the various problems associated with baiting. Those baiting on large properties adjacent to small pieces of property draw deer away from the small property, thus forcing some to bait who otherwise would not. Then you have the ATV trails that develop when bait is hauled into the woods. In addition, baiting for bears is not legal in West Virginia, yet the bow bear season overlaps the deer season, making enforcement of the bear bait law difficult. In an effort to take steps to solve the growing baiting problems, the West Virginia DNR has proposed to end all baiting during the months of October and November, beginning in 2006. An upcoming hearing will take the pulse of hunters’ feelings on this growing issue.

For further information on the issues discussed, go to www.knowhunting.com.

From our August-September 2005 issue.