I want to get some input from you concerning the Subject line above. Here is why I ask.
I have harvested my limit of two turkeys, in the first 8 days of the season here in NC, and I am wondering if I can legally help mentor and call for other hunters? I have a friend that has a 10 and 13 year old, that are licensed hunters, that have ask me to take them turkey hunting. I have also been ask by a couple of adults this week also. I have sent an E-mail to the NCWRC and ask them the same question. Has anyone had any personal experience with this? What do you say?
I know in the state of Maine as long as you aren't carrying a firearm you are legal.
I'm relatively sure it is the same for majority of other states as well.
It might help if you list what state you are in... But again, I'm pretty sure you will be fine...
As in West Virginia. As long as you don't have a gun. Don't even touch it.
Check your regulations. I have hunted where if you didn't have a tag you couldn't be in the woods. Better safe than sorry.
TRKYHTR
In some states if you participate in any way then you are considered hunting. Even a cameraman has to have a license in some states. But I think you would be safe. You have a hunting license and I think you can hunt all you want as without breaking any laws as long as you don't take over the limit, even if you have limited out.
Look it up in the NC Code, it is the only way that you will know the definition for sure. Far more sound that asking the opinion of out of staters on a forum.
Quote from: guesswho on April 18, 2011, 07:36:07 PM
In some states if you participate in any way then you are considered hunting. Even a cameraman has to have a license in some states. But I think you would be safe. You have a hunting license and I think you can hunt all you want as without breaking any laws as long as you don't take over the limit, even if you have limited out.
:agreed:
I'm not sure which way to go on this one...but being that I also live in NC let me tell you this...I had a friend that wanted to go that had never hunted and didn't have a license...he was going with me just to observe...I just so happened to run into the game warden that night while roosting a bird for us and asked him just to make sure...he said and I quote...If I pull up here in the morning and find him with you and he does not have a license to show me (seeing as how your telling me ahead of time so I know)...he better not even have a set of keys in his pockets...I don't even want to find a twig from where he sat down...they better be perfectly empty and he can in no way help on harvesting the bird...no calling...shooting....and so forth...
The reason I say this is because I asked one of my other game warden buddies and he said he would have written him a ticket on the spot...even though he didn't have a gun...its going to be up to the discretion of the officer that stops you...but with that said...if your a licensed hunter and your assisting someone else on their hunt and they have their own tags you are probably good to go...I would call the game warden that's over your area and ask him directly though...just call the main number and ask for his number...they will give it to you...heck ask them too while you have them on the phone...
I think the key is having a license.
BB-
As a NC resident, i'm going to weigh in on this too because like tiggere posted above, a lot of this is in what the GW perceives you are doing while in the field.
Directly from the NC reg book:
"Manner of Taking"
"Definition: To take is defined as all operations during, immediately prepatory and immediately subsequent to an attempt, whether successful or not, to capture, kill, pursue, hunt or otherwise harm or reduce to possession any fisheries resource or wildlife resource."
If you read this closely, to me it says you can't do it. Everything falls under "taking". You get caught spotlighting, you get a ticket for "taking", catch too many trout, or kill a doe in buck season, you get a ticket for "taking". If you get caught hunting out of season, even if you haven't shot anything, you WILL get a ticket for "taking". I feel that if you go call for a buddy, you are helping in "taking".
I'd wait on that confirmation from Raleigh before I did it and then I would carry a copy of their return e-mail on me if they said I could.......
Seems funny on some of the states rules. Under those regs in those states a parent could not assist their own kid on a youth only weekend. They would be infact assisting. I would call the local wildlife captain to get clarification.
UPDATE TO EVERYONE,
Thanks for the replies so far. Excellent responses and Food for Thought!
I have E-mailed this question to the NCWRC because I want a written response, to fall back on, in case I get a positve response from the Commission and then get an over zealous Game Warden wanting to write a ticket at his discretion, for the way he interprets the law. I have a phone number for our local Game Warden and I will call him for his advice, after I get a written response from the Commission.
I will keep everyone posted on the outcome. Keep the replies coming.
This is not based on any knowledge of NC laws but it seems to me that you should be ok because you have a license. I don't know of any good CO that would cite you for trying to call in a bird for a youngster. I'm curious to see what the state has to say.
God forbid they don`t get that license revenue!! What a bunch of crap!! Can`t even help someone out anymore?? Freakin joke
just keep in mind even if you have written confirmation from someone the GW can interpret it how he sees fit and you will still have to go to court to prove your case...i would take the written word AND make darn sure the guy that would write the ticket felt the same way...most of them are really good guys though...
yeah agree also.. as long as you don;t handle the gun and have a valid hunting lic. you should be able to . some states get carried away with all their mumbo jumbo!!!!!!!!
I know in Louisiana, as long as there is only one gun and it is not in your hands, you can assist. Even if you were written a ticket, I think you would be hard pressed to find a judge who wouldnt throw it out. Seriously, If you have a license, although tagged out, if you are assisting another hunter i dont think there is a case. and for the warden who said he would right a ticket on the spot.......I'd call his bluff. Like I said, you would be hard pressed to find a judge who would not throw that ticket out.
I have been in contact with the NCWRC and Jones County Game Warden and both contacts (one in writing and one via phone) have stated that it is LEGAL to mentor and call for other hunters, after you have filled your tags, as long as you are not in possession of a firearm or ammo. The Game Warden stated that as long as you weren't in possession of the gun and weren't carrying any ammo, he was fine with the mentoring and calling for other people. As a matter of fact the Game Warden stated he encourages the mentoring of other hunters, whether kids or adults, because mentoring encourages others to participate in this sport and enjoy the outdoors.
As far as the TAKING issue, in this case, the Game Warden stated that as long as you aren't in possession of the firearm or ammo there wouldn't be any citation issued. I agree, there seems to be some GRAY area in the TAKING issue but he did state to me over the phone that he had filled his tags for the year and he was mentoring as well.
So in the state of North Carolina it appears that you are not in violation of the LAW, in this case, unless you are in POSSESSION of the firearm and ammo.
The way this sounds to me, it's like driving 5 MPH over the speed limit and not being issued a citation. You are in fact breaking the law but the officer chooses not to stop you until it reaches 10 MPH over.
Glad you got some confirmation from WRC and the local officer. That is the way I had understood, but it's good to hear from the source. Also, glad you had some success in Jones Co. I had permmission to hunt on some real good looking land down there last year, but just never made it down. I didn't have chance to get with the folks to check for this year before the season started. Good luck the rest of the season.
Thanks for the update BBC.
It's good to know that the NCWRC will not stand in the way of you hitting the field and helping others to experience what we all love. Hope ya'll get a chance to smack some more snoods. Good Luck buddy.
:wav: :wav: