Road Kill

[Jim Hatch]

Hey Robert,

I don't think SC is a lot different than
most states. They list the game, the
season for taking it, required license or
permits and possession limits. If you are
caught with the animal other than prescribed
by the above, all they need prove is
possession, pure and simple. It's pretty
much a slam dunk!*G* Warm regards, Jim

[Wednesday Caster]

Yard sales are a great place to find old furs. No mess no fuss no fines. Just have to explain to the wife why you need a whole coat to tie 12 flies.

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God Blesses!
A wing & a Prayer! ----*<(((><~ ~ ~ ~
Quinn

[Eric D]

Nothing wrong with using some materials from road kill. Several times I've clipped tails from deer or plucked feathers from turkeys. Even tails from squirrels- no need to let it go to waste!

[dixieangler]

Jim, that's why I'd be camped out on my State Rep.s doorstep until the unreasonable law was repealed or rewritten. Writing letters and petitions and putting in out in the public eye to put pressure on the State Legislature (I'm sure they want to be retained in office).

I doubt that law would stand in a court of law if it was tested since they have no proof that the person in question actually committed a crime. For example, if all laws were like that, no one would ever report a death for fear of being prosecuted for murder (based on possession of the dead body at the time). See my point how ridiculous that is?


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Robert B. McCorquodale
Sebring, FL

"Flip a fly"

[buttermilk]

I'd like to weigh in here, if I may. Jim Hatch is exactly right. Let's look at it from the Game Wardens side. Have you ever seen people that intentionally will swerve to hit an animal? I have and have prosecuted them for various charges such as hunting from a public road, hunting in closed season,etc.. If that law was not there, everyone would be hunting the roads and saying it was an accident.
As for the birds and feathers, there are only six species of birds that are NOT protected in Texas. The rest are and possession of those birds, their parts and feathers is illegal. The federally protected birds carry a stiff penalty as well as the state protected ones. As someone mentioned earlier, garage sales are a great place to find feathers and furs. Womens hats and clothing are the greatest source for me to obtain many tying materials.
Flytyers are ingenious folks, to say the least, so a legal way to procure these items is out there.
Check your state Game and Fish regulations and also be mindful of the Federal regulations.
I enjoyed the article and am guilty of having a small tool box with the necessary tools to procure legal tying materials. My girls are used to me pulling over to get a squirrel tail,etc.

Andy

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all types of fishermen must pull together for the good of all!!!

[Jim Hatch]

Hi Robert,

There are laws currently in place in all 50
states that specify in detail the conditions
that allow you to have in your possession a
protected animal. They will vary somewhat
from state to state. Some states have laws
that specifically apply to road kill and
they vary as well. I believe that most
states choose to rely on the established
regulations permitting possession of an
animal. It would behoove one to check the
laws of their individual state before picking up the dead animals. In most cases
the animal skins can be obtained from a
sponsor here on FAOL, skinned, tanned, and
ready to use for a small expendature. Any
ticket one might get for breaking the state
established laws would surely be much
greater than you would spend for a nice
skin.*G* Warm regards, Jim

[rodgerole]

I kinda hate that the laws in Texas and Federal laws prevent me from using the bird feathers I get from my cats' hunting expedition. before I found out about the law,I tied a killer crappie jig with mockingbird feathers. Now ,alas,nevermore.

rodgerole

I'd rather be fishing

[dixieangler]

Let's look at it from the Game Wardens side. Have you ever seen people that intentionally will swerve to hit an animal? I have and have prosecuted them for various charges such as hunting from a public road, hunting in closed season,etc.. If that law was not there, everyone would be hunting the roads and saying it was an accident.

Andy,

No problem. You caught them in the act and otherwise (other physical evidence besides possession) "proved" that they committed the crime. You did your job and didn't rely soley on a possession law that excuses law enforcement from doing their job by having to "prove" a crime. My problem is not with law enforcement, its with a law that excuses law enforcement from actually having to "prove" a crime based on more than just possession. Like Jim said, there should be at least conditions or regulations (based on type or whatever) for possession in the law, not illegal types of course.

It does indeed pay to know state game laws .


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Robert B. McCorquodale
Sebring, FL

"Flip a fly"

[JeffHamm]

Hi,

Dixieangler has hit the nail on the head. The reason the law is written to outlaw the actual possession, rather than just the method of how the animal was killed, is to make the law enforceable.

If, for example, it was decided that feathers from bald eagles can be used to make fishing flies, provided the feathers are only obtained from gathering "found feathers" (ones on the ground), or from road kill, etc, then it means unless you can prove someone killed the eagle themselves, you cannot do anything about it. However, if you make it illegle to have the feathers, you can prove they had the feathers.

Now, it may sound silly, how much demand can there actually be for some feathers?

Well, Jungle cock was rendered almost extinct because of the demand placed on it's feathers. It's only allowed to be traded now if it's been farm raised. In New Zealand, the "matuka style fly" is so named because the bird that was originally the supplier of the feather is called a matuka. One can no longer use those feathers because the matuka was likewise almost driven to extinction because of the demand for matuka feathers for matuka flies.

Sure, you and I might not go out and intentionally kill endagered animals, but if it is not illeagle to possess the feathers and/or skin, and if there is a market for those products (black market or otherwise), then someone else will poach them. And they will sell them.

This tendancy will increase the easier it is to get away with poaching. And if all you have to do is 1) kill animal, 2) not be seen doing it 3) claim you found it that way "But officer, it was already dead when I arrived", then poaching will increase. Sure, you could still prosecute them if you can catch them selling the materials, but it might be considered silly to prosecute someone for selling "road kill" gathered items since it's ok to gather and posess them. Why not let someone make a living at it, and it helps clean up the roads at the same time. So again, the law would get re-written, and again, all this does is make it easier for the poachers. Eventually, people get annoyed that the poachers "get away with it", and so the laws come back : You cannot possess these materials, x,y, and z.

So, which do we want? A law which, in some circumstances appears silly because one can imagin situations where "breaking the law" seems like it shouldn't be punishable? Or a law which, on paper, clearly targets the offence but is so impossible to enforce there might as well not be a law keeping in mind that without a law that may mean putting up with a loss of some species due to overzealous harvesting?

Laws are funny things. They have to be enforcable to be effective, and sometimes to be enforcable they have to "outlaw" some pretty benign activies.

- Jeff

[Gardenfish]

lots of deads skunks in the middle of the road lately. I just cannot bring myself to stop.

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"Give me ambiguity or give me something else"