Ask the Conservation Officer (CO)

by Gary Hompland, Regional Conservation Officer Question: "I am a nonresident and was recently cited for hunting rock chucks in Idaho without a valid hunting license. In my state a hunting license is not required to hunt unprotected species. The officer watched me for a considerable period of time before he approached and requested to see my license. Why didn't he contact me as soon as he observed me, he could have prevented me from violating the law?" Answer: There are many reasons our conservation officers watch sportsmen and don't rush right over to make contact. In this article I will try outline a few of those reasons. I need to first preface this discussion with a point that I always stress to young hunters in my hunter education classes; that is, "It's the hunter's responsibility to know the laws in the area they choose to hunt." As you have discovered, the laws in Idaho are different from your home state. The Department spends tens of thousands of dollars annually printing hunting and fishing brochures to help sportsmen learn and understand the rules. You made a decision not to become informed about the rules. A conservation officer's primary goal is to detect and deter wildlife crime, not to prevent you from violating the law. That goal is accomplished by investigating and prosecuting wildlife crimes in the Idaho court system. Deterrence is accomplished when voluntary compliance with the law occurs in order to avoid being caught and prosecuted for a crime. Officers must observe sportsmen's activities in order to witness violations and to determine a person's intent. During this time the officer is also assessing the officer safety risk. "Is this a dangerous contact?" Once the contact is made and a violation detected, officers evaluate the suspect's age, experience, education or mental capacity, how long the law has been in effect, and suspect's intent to violate the law. An objective view and a mental check list is used to try to determine whether the crime warrants a citation or warning. Officers try to treat every violation based on the merits of the situation. Juveniles, inexperienced, or handicapped sportsmen are sometimes issued warnings instead of citations in order to educate them on the importance of knowing and following the law. Officers are encouraged to use discretion to educate young sportsmen about violations without being so harsh on them that they quit hunting or fishing. In egregious cases, the attending adult may be cited for aiding in the commission of the crime. It appears from your letter you are an adult with at least some experience hunting in the west. You chose to hunt without first purchasing a hunting license or learning about the hunting rules in Idaho. My sympathy for you is a "too little, too late," but you should have known the rules. The hunting rules are printed in brochures and available at fish and game license vendors all across the state. The rules are also available on our website listed below. As I said, and I believe the rule is also true for your state, "It's the hunter's responsibility to know the rules for the area they intend to hunt." An ethical sportsman always consults the rules before taking to the field. Lastly, the game warden is not your mother; you are responsible for your own actions. If you have any further questions you may call the Magic Valley Regional Office of the Idaho Department of Fish and Game at (208)324-4350 or e-mail us at the Fish and Game web site at http://fishandgame.idaho.gov.