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Spook Spann in trouble again????

Started by doublebarrel, June 30, 2013, 10:21:27 AM

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mudhen

Ha, I can list a few lawyers that thought they could beat the rap themselves, ALL of them were convicted of something.

Well known in the legal community out west that fish & game cases are the real deal, not jail so much, but fat fines and loss of hunting privileges.

Big test case involved a prominent CA attorney.  Sitting on a log at the end of a drive during deer season, no deer tag, but a bear tag & pig tag in hand.  He never lifted his gun at a deer, didn't even fire a shot, convicted of hunting deer without a license.  The group killed 2 pigs on the drive, one buck I think.

Green jeans watched the whole thing.  Slam dunk conviction for the lawyer for hunting deer without a license.  Appeals.  Tons of fees.  Months of legal wrangling.  All ended up with a rock solid conviction, huge fines, many years loss of hunting privileges, etc.

Of course, yrmv...

mudhen
"Lighten' up Francis"  Sgt Hulka

DirtNap647

Quote from: VaTuRkStOmPeR on July 01, 2013, 11:32:18 AM
Baiting is one thing but since when did guiding become hunting?

I've guided A LOT of turkeys but I don't take credit for killing them.  Hunting is the act of pursuing quarry with intentions and the capability of harvesting it.

Last time I checked, an unarmed guide can't achieve that objective and therefore, I find no merit in the charges.


not much of a guide if hes gotta bait turkeys

Rokhal07


[/quote]not much of a guide if hes gotta bait turkeys
[/quote]

X2. Agreed

RutnNStrutn

Another "celeb" hunter goes bad. Makes you wonder if that awesome buck he took with his bow was a fake, canned hunt and illegal harvest as well. Sad that people have to stoop to such levels to make a buck. ::)

slamman

Seems it becomes about the kill and not about the hunt to some of these TV personalities.  Some of you maybe remember a heck of a turkey hunter Ralph Anderson out here in Arizona.  Started guiding and filming his hunts, the only problem was he was selling Mexico Gould's hunts but taking his clients to hunt the Gould's in Southern Arizona one of his film crew turned him in.  Oh and let me add this Mr. Anderson was gracious enough to volunteer his time to help the Game and Fish transplant the Gould's, this way he knew where to take his clients, wasn't that big of him.   Then the following year Mr. Anderson was drawn for a trophy bull elk hunt shot an elk, he wanted a bigger elk left that one where he killed it and went and shot another elk, once again the cameraman turned him in.     

bigbird

A lot of outfitters out west use bait! The outfitter in oklahoma that the hs guys hunt or hunted with not sure if they still do or not told me this year when I spoke to him that he runs corn feeders year around to ensure the birds don't leave his leases! So that makes me wonder how many other "pros" hunt bait?

Publicland

No such thing as a "pro" in my book! But these celeb hunters think they are "pro's"! Lol they are not what they think they are! They can't hang with some of the real hunters out there! They have to use any means possible to get kills on camera!BS in my book!

DirtNap647

Quote from: Publicland on July 05, 2013, 10:42:13 AM
No such thing as a "pro" in my book! But these celeb hunters think they are "pro's"! Lol they are not what they think they are! They can't hang with some of the real hunters out there! They have to use any means possible to get kills on camera!BS in my book!
agree most are sitting in a pen hunting deer also heard the turkeys get in these deer pens and they hunt them as well just think huntin is about the dollar anymore.  I could see being a good shot but as far as a pro hunter no such thing

captpete

Quote from: VaTuRkStOmPeR on July 01, 2013, 11:32:18 AM
Baiting is one thing but since when did guiding become hunting?

I've guided A LOT of turkeys but I don't take credit for killing them.  Hunting is the act of pursuing quarry with intentions and the capability of harvesting it.

Last time I checked, an unarmed guide can't achieve that objective and therefore, I find no merit in the charges.



I guess I don't understand how guiding would NOT be considered hunting.  About 20 yrs. ago I used to do a lot of duck hunting. My BIL wanted to go with me and do some filming. He use to be an avid hunter, but hadn't shot a gun since he got home from Viet Nam. I checked with the game warden to see if he(BIL) needed a license & stamps. The GW said that my BIL could go and just do some filming, BUT he could not contribute in anyway to the hunt. The GW said that even if the BIL said "There are a couple." that it would be contributing to the hunt. The GW also said it would be in my BIL's best interest to buy the license & stamps....it would be very hard for him(BIL) to prove he didn't contribute to the hunt.  In other words, yes it was technically legal for him to go and film without buying the license, but it was a good chance that he would still get into trouble if we were to be stopped and checked by a GW, because he would have to prove he wasn't contributing to the hunt.

Like I said, that was 20yrs. ago. Don't know if the rules have changed, but my guess would be if they did, they have only gotten stricter.

barry


Here's what I found...

In TN the "landowner" must sign the appropriate forms to be considered as "licensed" to hunt.

Guiding is considered as assisting and assisting is considered as contributing to the hunt which requires the appropriate hunting license even if it's "landowner"

How did he get a license of any sort if he was ordered by the court "not to hunt anywhere for 6 months"?

Also this case will not go in front of the "local judge" as this is a Federal case. Federal judges frown upon these violations and this is his 2nd offense which will not be overlooked.

turkeybow

Well you know there has to be some proof because:

Quote from: doublebarrel on June 30, 2013, 10:21:27 AM

Wildlife agents set up hidden cameras on three of Spann's properties after his former cameraman tipped them off in late March that there would be hunting on the land and that Spann was illegally placing bait.


So he was being watched from the get go.  I work for TN and if I don't have the proof myself I don't write the charge.  Here is the way the exact law defines hunting in TN:

"Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife.

So if they were "hunting" with Spann and he did any of that as stated above, according to the TCA in TN he was hunting!  They need to throw the book at him.
"We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect."
~ Aldo Leopold

turkeybow

Quote from: barry on July 06, 2013, 11:36:09 AM


In TN the "landowner" must sign the appropriate forms to be considered as "licensed" to hunt.



In TN if you are the landowner you do not have to have a license to hunt your land.  So he didn't buy or have to buy a license.
"We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect."
~ Aldo Leopold

barry

Quote from: turkeybow on July 07, 2013, 01:39:22 PM
Quote from: barry on July 06, 2013, 11:36:09 AM


In TN the "landowner" must sign the appropriate forms to be considered as "licensed" to hunt.

In TN if you are the landowner you do not have to have a license to hunt your land.  So he didn't buy or have to buy a license.

TN Wildlife Resources Agency states...

Farmland Owner License Exemption

Persons hunting without a license under a resident farmland owner exemption must complete and sign a statement, attesting where the property is located and how this land qualifies for a landowner exemption. Persons may complete the form in advance and carry it with them while hunting or they may complete the form when requested in the field by a TWRA official or when checking game.

nativeks

Quote from: RutnNStrutn on July 01, 2013, 08:10:55 PM
Another "celeb" hunter goes bad. Makes you wonder if that awesome buck he took with his bow was a fake, canned hunt and illegal harvest as well. Sad that people have to stoop to such levels to make a buck. ::)
The giant buck he took in Kansas? Its what started this whole mess. He could only hunt with his landowner tag on land he owned. He paid a neighboring landowner $5k to hunt their farm and ended up sticking it on film on the neighbors property.

turkeybow

Quote from: barry on July 07, 2013, 02:10:16 PM
Quote from: turkeybow on July 07, 2013, 01:39:22 PM
Quote from: barry on July 06, 2013, 11:36:09 AM


In TN the "landowner" must sign the appropriate forms to be considered as "licensed" to hunt.

In TN if you are the landowner you do not have to have a license to hunt your land.  So he didn't buy or have to buy a license.

TN Wildlife Resources Agency states...

Farmland Owner License Exemption

Persons hunting without a license under a resident farmland owner exemption must complete and sign a statement, attesting where the property is located and how this land qualifies for a landowner exemption. Persons may complete the form in advance and carry it with them while hunting or they may complete the form when requested in the field by a TWRA official or when checking game.

I misread that from the get go.  That is right.  This is what I was wanting to talk about lol:

How did he get a license of any sort if he was ordered by the court "not to hunt anywhere for 6 months"?

A landowner has to fill out a form, farmland owner license exemption statement.  Once the form is filled out all you have to do is have it with you.  Spann didn't have a license because he didn't have to have one on his land.  Just had to have the form which can be found in the hunting guide.
"We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect."
~ Aldo Leopold