In my opinion it would not be poaching if the person consumed the animal. But it would be if he shot it for the mount.Just another way for the state to make money,but that is another argument we should save for later.
Fortunately, the definition of poaching is not up to you.
poaching: present participle of poach (Verb)
Verb:
1.The illegal shooting, trapping, or taking of game or fish from private or public property.
Poaching is poaching. The definition is not up for debate. Just like stealing is stealing. If somebody steals something, you don't hear people saying, "It's not stealing if they USE it."
Kind of like killing is killing. If you shot somebody and they died, you have KILLED that person. The motives behind the act don't matter, the fact that it could have been an accident plays no part. You KILLED that person.
So why do so many try to bend the definition of poaching? If you illegally kill an animal, and don't play by the rules, YOU HAVE POACHED that animal. If that hurts some people's sensibilities, then maybe they need to take a look in the mirror.
So you and your brother are hunting. You shoot your deer and are just sitting in the stand chilling for the obligatory 30 minutes when you hear your brother's gun go off.
Out from his area comes a hunched deer. It's crossing the field going to where you and your brother have been told you can't recover anything.
It's getting closer to the fence.
You've shot your deer and have just the tag for that one. You're pretty sure you killed it.
Haven't even checked for it yet. Do you consider your deer down? Do you let the gutshot go to the other side?
It's wounded and may take hours to die, and you could stop the suffering with a finisher.
Party hunting is illegal here.
Could you let that deer cross? Is it just a doe, or is it the monster you've watched grow on trail camera for years?
BTW, ever hear dogs/yotes finish off a deer?
there is an exception that allows you to kill an animal to end suffering.. but if you do that you can not keep the animal...
best would be teach your brother to shoot better in the first place..
Do you have a link to some DNR verbiage that says this? I'm not saying I don't believe you, I've just never seen it and would like to read it for myself
IC 35-46-3-5
Exceptions from chapter; electrocution
Sec. 5. (a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:
(1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22.
(2) Conduct authorized under IC 15-20-2.
(3) Veterinary practices authorized by standards adopted under IC 25-38.1-2-14.
(4) Conduct authorized by a local ordinance.
(5) Acceptable farm management practices.
(6) Conduct authorized by IC 15-17, and rules adopted under IC 15-17 for state or federally inspected livestock slaughtering facilities and state or federal animal disease control programs.
(7) A research facility registered with the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.).
(8) Destruction of a vertebrate defined as a pest under
IC 15-16-5-24.
(9) Destruction of or injury to a fish.
(10) Destruction of a vertebrate animal that is:
(A) endangering, harassing, or threatening livestock or a domestic animal; or
(B) destroying or damaging a person's property.
(11) Destruction of an animal by an animal control program, including an animal control facility, an animal shelter, or a humane society.
(12) Destruction of an injured or ill animal by an individual to prevent the animal from prolonged suffering.
(13) Conduct not resulting in serious injury or illness to the animal that is incidental to exhibiting an animal for show, competition, or display, or that is incidental to transporting the animal for show, competition, or display.
(14) Parking an animal.
(15) Humane destruction of an animal that the person owns.
(b) Section 1 of this chapter applies to conduct described in subsection (a).
(c) Destruction of an animal by electrocution is authorized under this section only if it is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department of Agriculture under the Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC 21-46-3-1, a research facility licensed by the United States Department of Agriculture, a college, or a university.
As added by P.L.193-1987, SEC.8. Amended by P.L.2-1993, SEC.188; P.L.1-1995, SEC.76; P.L.137-1996, SEC.74; P.L.41-1998, SEC.1; P.L.2-2007, SEC.378; P.L.171-2007, SEC.6; P.L.2-2008, SEC.79; P.L.111-2009, SEC.11.
Thats what I was told once too. I saw a buck that had been hit,I wanted to put him out of misery,but called the CO istead. He said it was a good thing I didnt shoot him.That I did the right thing by calling.That all seams to be talking about domestic animals and electricution. I wouldn't bet on it being the same for wildlife. Too many times I've been told that if you hit a deer on the road and its suffering that you'd better not shoot it or you risk penalty
That all seams to be talking about domestic animals and electricution. I wouldn't bet on it being the same for wildlife. Too many times I've been told that if you hit a deer on the road and its suffering that you'd better not shoot it or you risk penalty