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Feeding deer legal again


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This is a little off topic I know of an Apple orchard that dumps their apple mashing out in a field and been doing for many years.I wonder if they can legally do this probly they can because its a ligit farm.I do know I had to put a fence around my compost pile or I was going to get fined because they considered it a bait pile.

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I do know I had to put a fence around my compost pile or I was going to get fined because they considered it a bait pile.

Maybe it had something to do with you sitting in the treestand that was set up next to it with your bow .....lol.

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Theres nothing illegal about farms dumping their production waste anywhere they want. Theres no rule about compost piles AFAIK either. Can anyone post a link to such a law if it exists? IMO, thats taking things a little far.

How about the forum member on here who was ticketed because manure laid in the field he was hunting. Forgot who it was but it was someone who posts on this forum.

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I was warned by the DEC. If I did not enclose my compost that I would indeed get a ticket.They told me that without a fence I would be in violation.Furthermore if I had any game/animals that I could/and would be charged with baiting.We've had multiple bear sightings in the area.Also I do not hunt near the orchard I did

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I posted this under a topic related to out of state hunting which nobody is really looking at much and since I think this is valuable info so I am reposting it here - hopefuly a lot of you will watch it. I think CWD should be taken more serious then that court did... This is a recent video in response to the recent emergence of the disease in PA. Not to change the topic or inflame a new discussion, but the info in this video is very contridictory to the postulation that protecting yearling bucks benefits the health of the deer herd...

http://youtu.be/M_2ouzE_Rwc

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Theres nothing illegal about farms dumping their production waste anywhere they want. Theres no rule about compost piles AFAIK either. Can anyone post a link to such a law if it exists? IMO, thats taking things a little far.

Like Jenifer said in another post, these types of laws have to be "vague" so that there is some flexibility. You have to consider the intent of the law - to lessen increased close contact of cervids due to some action (eg. feeding) by people. A lot of things can do that, even gut piles will get multiple deer to stick their noses in the same spot. So will scents - urine based or otherwise. I dont think the black & white you are looking for exists and if courts continue to scoff at "possibilities over probabilities", yes, some of these tickets will get trashed...

Edited by mike rossi
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@ Mike rossi.....if you are following that PA outbreak check out this thread.....

PA screwed up containment by having one deer escape and some of those deer from that contaminated farm ended up in IN. where they escaped!

http://www.hudsonvalleysportsman.com/index.php/topic,8176.msg81040.html#msg81040

What a cluster f@#$, that mess is going to become in the name of inches for dollars.

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My stupid arse cousin just got busted for baiting. Shot a Doe over corn, neighbor turned him in. DEC showed up took Doe and tags and fined him $250. He has his court date soon to, I hope they take the rest of his tags to, he's a menace.

Edited by erussell
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My stupid arse cousin just got busted for baiting. Shot a Doe over corn, neighbor turned him in. DEC showed up took Doe and tags and fined him $250. He has his court date soon to, I hope they take the rest of his tags to, he's a menace.

Never ceases to amaze... Baiting during a Primitive weapon season.... Talk about hipocrisy.... Actually kind of funny when you think about it...

BTW: This infraction is not only wrong because of CWD but also in this state baiting is not considered fair chase... Two separate wrongs here, keep that in mind...

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Never ceases to amaze... Baiting during a Primitive weapon season.... Talk about hipocrisy.... Actually kind of funny when you think about it...

BTW: This infraction is not only wrong because of CWD but also in this state baiting is not considered fair chase... Two separate wrongs here, keep that in mind...

He's not exactly what you would call smart!! :crazy: He's one of those guys that likes to wander on to other peoples land, and doesnt think twice about taking any shot he is provided with. He has lost more deer that turn up coyote bait than anyone I know. I tend to think that most people who bait illegal, are pretty much the same. They wont think twice about tresspassing or any other illegal methods of taking a deer for that matter. I went down to our family shooting range one time and he was down there. I get out of the car and hear some shooting and see him running around through the brush. I was like what the heck is moron doing and went over to investigate. He said he had just got there and was about to shoot when a buck came running though chasing a doe. He decided to open fire on the deer with his 9mm pistol at from what I could tell was about 70 yrds of so. I walked up one side and down the other of the moron and told him if he hit that deer I was going to turn him in. I tracked it for a while but never found any blood. When I got back he was gone. Unfortunatelly when his Mom died of cancer she left the property to him. Figures!!1

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My stupid arse cousin just got busted for baiting. Shot a Doe over corn, neighbor turned him in. DEC showed up took Doe and tags and fined him $250. He has his court date soon to, I hope they take the rest of his tags to, he's a menace.

Doesn't seem harsh a all

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Yeah and the Warden said he would try to get him off light with the judge to because he immediatelly fessed up to the whole thing and didnt try to hide it. Atleast thats what he said. Hopefully he was just playin good cop with him and the judge throws the book at him. :fie:

Or because the officer knows that if the charge is contested, that courts often scoff at wildlife laws the same way hunters scoff at green ammo and similair issues...

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There is an article in the New York Outdoor News that clarifies this subject a bit further. Apparently the feeding ban conviction was appealed and then struck down by a Sullivan County court. That means that in Sullivan County ONLY, they can legally feed deer all they want (for now). For the rest of the state, the law stands as stated on the books, and the DEC is standing behind their version of the law.

Apparently the law was deemed by the Sullivan County court as being "vague and arbitrary", and get this, it was deemed a violation of the guy's First Amendment right of free expression saying the "broad sweeping language of law chills constitutionally protected conduct and leaves law enforcement in a position to arbitrarily enforce the law". LOL .... imagine that, a NYS environmental Conservation law that is vague and arbitrary. Well, I have to wonder just how many other laws can be struck down on the same basis.

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My opinion, This guy was clearly baiting but and had a good story worked up and was one of the few that was able to lawyer up and skate the law. The conservation officer should have waited to catch him in the stand because there would be tremendously less to debate. Obviously who ever called was aware of the fact that he was doing more than feeding the squirrels

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  • 4 months later...

Bumping this up again, since I was having a discussion with a few people recently about this.  Any new "News" on this subject?

thought you said it was BS? lol

 

every time i search i find that they are exempt... i dont hunt that county so it wasn't something i put a lot of time into but id like to know for sure also. someone here said they called DEC i beleive and it was true

 

EDIT: i thought this was the latest thread on this regarding Sullivan County...

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