Feeding deer legal again

[Dinsdale]

This came up on a local forum, thought this was interesting.

You still cannot hunt over a bait pile; but there has been a case ruling in feeding deer.

As I understand it, DEC is no longer enforcing the regulation as it was deemed vague.....

The broad sweeping language of the regulation chills constitutionally protected conduct and leaves law enforcement in a position to arbitrarily enforce the law. See Smith v. Goguen, 415 US 566 [1974]. The literal meaning of words like "material," "deposit" and "maintain" leave open an application of the regulation far beyond what the legislature plausibly intended.

Therefore, 6 NYCRR §§189.2 and 189.3( must be deemed unconstitutional as a violation of the First Amendment to the United states Constitution right to free exp<b></b>ression as overbroad.

From here;

http://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-22243.html

Now if those jack booted DEC thugs can be taken to task as to carrying a loaded gun out at night when coyote hunting; after deer hunting all day......

Edited October 22, 2012 by Dinsdale

[Culvercreek hunt club]

Interesting read.

[mxsmitz201]

hmmmmmmm

[Culvercreek hunt club]

Would love to see a formal DEC response to this ruling. Want to be they don't..lol

[moog5050]

County Court decision - while it can be persuasive, its not binding on any other courts (i.e. rely on it at your own risk). DEC may choose to appeal it or simply take a shot at enforcment in a different county.

[Deerthug]

This is definitely a case worth following.

[RTF]

I wouldnt advise anyone to go out and test it, thats for sure.

[Doc]

If "vagueness" becomes a successful standard for challenging Environmental Conservation law, there are all kinds of target laws that could become court cases. We may find that the primary activity and expenditure of resources of the DEC becomes handling legal challenges.

[Lawdwaz]

This is definitely a case worth following.

And WHO would be our best bet to have follow this and give us a determination?

Deerthug of course!!

Thanks for your help in this......

[Lawdwaz]

This came up on a local forum, thought this was interesting.

You still cannot hunt over a bait pile; but there has been a case ruling in feeding deer.

As I understand it, DEC is no longer enforcing the regulation as it was deemed vague.....

The broad sweeping language of the regulation chills constitutionally protected conduct and leaves law enforcement in a position to arbitrarily enforce the law. See Smith v. Goguen, 415 US 566 [1974]. The literal meaning of words like "material," "deposit" and "maintain" leave open an application of the regulation far beyond what the legislature plausibly intended.

Therefore, 6 NYCRR §§189.2 and 189.3( must be deemed unconstitutional as a violation of the First Amendment to the United states Constitution right to free expression as overbroad.

From here;

http://law.justia.co...p-op-22243.html

Now if those jack booted DEC thugs can be taken to task as to carrying a loaded gun out at night when coyote hunting; after deer hunting all day......

I've been feeding them lead/copper for a few year now, am I in trouble?

Maybe I shouldn't post this on the innanet? <<grin>>

[Dinsdale]

I've been feeding them lead/copper for a few year now, am I in trouble?

Maybe I shouldn't post this on the innanet? <<grin>>

You nasty outlaw......

How far this will go is anyones guess......

[covert]

I wouldnt advise anyone to go out and test it, thats for sure.

I would, if someone goes outy and tries it that means I don't have to!

Edited October 23, 2012 by covert

[mxsmitz201]

i never really thought how when i rake up the crab apples in my yard before i mow and throw them over the bank out behind my house that this could be considered feeding the deer... even though i wasnt trying to feed anything lol

[Culvercreek hunt club]

i never really thought how when i rake up the crab apples in my yard before i mow and throw them over the bank out behind my house that this could be considered feeding the deer... even though i wasnt trying to feed anything lol

CRIMINAL!!!!!...lol

[Doewhacker]

Thats funny mxsmitz, while doing my leaves Saturday night I found a fresh track in my yard, I think they might be hitting the shrubs and maybe the bird feeder too. I better watch out, I'll get thrown in the clink! lol

Maybe I should by a game camera and put it on the bird feeder.

Edited October 23, 2012 by Doewhacker

[mike rossi]

So is the law regarding the feeding of black bears vague to this court as well?

§187.1 Black bear feeding

(a) "Purpose." The purpose of this section is to protect public safety while conserving New York's black bear populations. The deliberate, intentional feeding of black bears is prohibited. The incidental, indirect feeding of black bears becomes unlawful once a written warning has been issued by the department.

( "Definitions."

(1) "Feeding" means using, placing, giving, exposing, depositing, distributing or scattering any material to attract one or more black bears to feed on such material.

(2) "Incidental or indirect feeding" means using, placing, giving, exposing, depositing, distributing or scattering any material for a different purpose but which attracts one or more black bears. This includes storage of garbage or refuse and use and storage of birdseed in a manner that is accessible to black bears.

© Prohibited activities. It is a violation for any person to:

(1) Feed black bears, except as authorized by section 187.2 of this Part;

(2) Incidentally or indirectly feed black bears after the department has issued a written notice to the person or persons directly responsible for the incidental or indirect feeding of a black bear.

Edited October 23, 2012 by mike rossi

[skully]

This is one of those things you could really fight in court and win but I think the lawyer fees would be alot more than the actual fine for a violation fee.

[Ford]

The DEC will just re-write the regulation to be more clear. That is what it all boils down to.

[Culvercreek hunt club]

This is one of those things you could really fight in court and win but I think the lawyer fees would be alot more than the actual fine for a violation fee.

And that is what they count on!! you hit it on the head

[Geno C]

more feeding wildlife goes on state wide intentionally and unintentionally then we can even fathom...

[nyslowhand]

This is one of those things you could really fight in court and win but I think the lawyer fees would be alot more than the actual fine for a violation fee.

Acually this was my 1st thought when I read about this case. Defendant couldn't pay the $150 fine + $75 court fee and had to make $10/wk payments. Suddenly he has an attorney to appeal the ruling. How can this be? What attorney is going to take on NYS pro bono? Be interested to hear what individual or company is 'footing" the legal fees?

[Deerthug]

Acually this was my 1st thought when I read about this case. Defendant couldn't pay the $150 fine + $75 court fee and had to make $10/wk payments. Suddenly he has an attorney to appeal the ruling. How can this be? What attorney is going to take on NYS pro bono? Be interested to hear what individual or company is 'footing" the legal fees?

The article said that the attorney was handling it pro-bono. Some of us actually do that when we believe in a cause.

[Doewhacker]

The article said that the attorney was handling it pro-bono. Some of us actually do that when we believe in a cause.

I wish mine was pro-bono.. I am so screwed, he has two kids going to college soon. lol

[nyslowhand]

The article said that the attorney was handling it pro-bono. Some of us actually do that when we believe in a cause.

Understand & agree, but ..... just seems a little "fishy" to me!!??

Has to be more about the right to feed deer than helping this individual appeal his case, you think?

[Deerthug]

I would think a combination of both especially if the attorney is a hunter.