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Three Louisiana Men Plead Guilty to Poaching From a Plane

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Three Louisiana Men Plead Guilty to Poaching From a Plane

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Location: Texarkana, AR USA
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Three Louisiana Men Plead Guilty to Poaching From a Plane

These guys are real sportsman!!!!!!

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Location: Louisiana
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Three Louisiana Men Plead Guilty to Poaching From a Plane

I believe they should have their licenses taken from them I knwo If it woudl be me It woudl have gotten taken away

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Three Louisiana Men Plead Guilty to Poaching From a Plane

I agree with they should be punished for shooting a deer during archery season. But the part about hunting from a plane seems awfully thin. When I read the headline I thought by some miracle they'd fired a shot from the aircraft. But they only used the plane for spotting, then went back for it via truck. In terms of hunting from a vehicle, how is this different from driving back roads and then walking in to shoot something you saw?

It seems to me that it'd set a dangerous precedent to include spotting or scouting as part of the definition of "hunting from a vehicle." I have to wonder if it's not so much the state saying it was wrong as it is the reporter.

[ This Message was edited by: expatriate on 2003-09-29 04:32 ]

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Three Louisiana Men Plead Guilty to Poaching From a Plane

I interpret the facts the same way. They spotted the buck from the plane then came back by vehicle to take it by rifle which was out of season.

The state said it was wrong. Specifically the three were charged of and found guilty of "hunting from a moving vehicle (airplane)". Presumably the charge rested on this line taken from Louisiana regulations:

Quote:


Pursuing, driving or hunting deer with dogs or moving vehicles, including ATVs, when or where a still hunting season or area is designated, is prohibited and will be strictly enforced.

Note that the regulation does not seem to state when hunting begins and ends. Is spotting game a part of the hunt? The convictions seems to suggest that, yes, spotting is part of the hunt and that the three had hunted the buck by plane even if a shot was not taken from the plane.

[ This Message was edited by: moderator on 2003-09-29 12:06 ]

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Three Louisiana Men Plead Guilty to Poaching From a Plane

There was a WMA here in NW florida that had similar Regulations. Even during the General Gun season you could not be in possession of or have a loaded firearm while inside or on a vehicle.
All of this was the result of folks riding around on the WMA roads and window shooting animals as they were found. They would also find a good game trail that crossed a road and park a few 100 yards away and sit inside their truck and wait for something to cross the road and then shoot it. This has its obvious dangers.
I agree though that spoting a deer/game from a plane and then driving to where it was seen and shooting (of course providing that it is open season for deer and firearms) it while NOT in or on a vehicle would not, IMO, violate this law unless it was specificly stated that you could not use aircraft to spot game. Wheather "spoting Game" is the same as "hunting" is kinda like the old regulation of "driving on established roads". What establishes a road? Dont laff, I got a citation for this.

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Three Louisiana Men Plead Guilty to Poaching From a Plane

Even after reading the reg line, I just can't see the airplane part sticking in court. Unless they were circling low and driving the buck to a specific area, it's tough to argue that they were "pursuing" it with the airplane -- especially when they left the area, landed the plane, got a vehicle, and returned. There's a time lag there where the buck could've moved considerably without being observed or pursued. There's a difference between this and road hunters that shoot from the vehicle or jump out and shoot from the side of the road.

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Three Louisiana Men Plead Guilty to Poaching From a Plane

I didn't look closely at the LA regulations, but was not able to find anything that specifically referenced airplane use. Other states do specifically limit airplane use while hunting. Here is a quote from the current CO regulations:

Quote:


Use aircraft to hunt, to direct hunters on the ground or to hunt the same day or day after a flight was made to locate wildlife

They very well may have been able to fight the moving vehicle charge and win, but from the press release info they had three other charges against them:

- possession of an illegally taken deer
- criminal trespass
- taking deer by illegal methods

Given that they may have decided to accept the plea bargain since it dropped two of the four total charges.

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Three Louisiana Men Plead Guilty to Poaching From a Plane

Prohibited Methods
"• Herding or driving wildlife by use of any
vehicle, aircraft or boat."

This is all that was mentioned about aircraft use for hunting in Florida. I do recall that some years back there was an arrest made for using an aircraft to direct hunters on the ground. This fellow used an ultra-lite and 2 way radio to direct hunters to deer on the ground. I am not sure which catagory, herding or driving, was used for the basis of the violation though.
One lil note; I have personally rode on a rental type 'copter,( they're several that take tourist up and down the beaches here), and had him fly me over my hunting area so I could see into some of the larger swamps to try and find "Islands" in the middle of them. Worked real well.

[ This Message was edited by: JTapia on 2003-10-02 13:57 ]

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Location: Louisiana
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Three Louisiana Men Plead Guilty to Poaching From a Plane

O.K. here it goes. I found the regs book and here is what it said about airplanes. Pg 8 section F. and i quote " Taking game quadrupeds or birds from aircraft, participating in the taking of deer with the aid of aircraft or from automobiles or other moving land vehicles is prohibited". so they had them dead to rights if someone confessed or someone saw them fly over or if they bragged about it.

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Three Louisiana Men Plead Guilty to Poaching From a Plane

Suppose I'm driving to a deer stand one day and I spot a deer in the distance. I park the truck, stalk my way toward the deer, and bring him down. By the airplane precedent being set, my actions would be illegal.

We all use vehicles to aid our hunts in one way or another. I consider an aircraft to be just another vehicle. Shooting deer from an aircraft would definitely be over the line. I could also see why it would be illegal to circle overhead and guide hunters to the deer via radio. But if this is a matter of scouting with an aircraft and then going back to the area where you saw wildlife, such a precedent could easily be applied to other forms of transportation.

This might sound alarmist on a Southern forum, but I think you'd find a lot of Western and Alaskan hunters concerned at the thought of not being able to use info gained from altitude.

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