Ask the Conservation Officer (CO)

by Gary Hompland, Regional Conservation Officer Question: "A friend and I have argued over an ethical and perhaps legal dilemma. If I kill a big game animal but fail to recover it, does the law require me to "tag-out"? In other words; I am confident my shot was lethal and the animal died but I was not able to find it. Am I required to validate my tag (tag-out)? Answer: The legal issue is relatively simple and clear. Idaho law states, "As soon as any person kills any wildlife for which a tag is required, said tag, belonging to him must be validated and attached to said wildlife in a manner provided by commission rule." The Idaho Fish and Game Commission Rule says, "Immediately after any deer, elk, antelope, moose, big horn sheep, mountain goat, mountain lion, or black bear is killed, the appropriate big game animal tag must be validated and securely attached to the animal." Both of these rules imply an animal must first be reduced to possession, and then the tag for that animal must be validated and attached to the carcass. The real debate is over that portion of the law that requires a hunter to expend a "reasonable effort" to recover an injured animal. "Reasonable," by definition means "in accordance with reason or sound thinking, not excessive or extreme." The "reasonable effort" rule is when this debate becomes challenging. When I teach this concept to young hunter education students I explain how individual differences between hunters vary. I try to help them understand how their personal code of conduct or ethics is what helps them decide how to behave when no one is watching. A person's personal code of ethics is what will guide them and help them decide what type and how much effort they will expend in order to satisfy this rule. From an enforcement perspective, conservation officers must compare and contrast the effort of the hunter with the facts of the situation. Everyone knows each situation is unique, but if the hunter expends no effort, a citation is likely, and in that case a jury may decide if the effort was enough. I applaud your personal ethics for suggesting a person "tag-out" if they feel they have mortally wounded the animal, whether it is recovered or not. I have this discussion with hunters each year who have made a conscious decision to validate their tag and quit hunting after they fail to recover a game animal. A return to our hunting heritage with traditional values, the ethics of fair chase, and a reverence for the game is rare these days. This code of conduct turns back the clock of time and elevates the importance of hunting preparation and skill over the drive for technological advancements and hunting gadgets. Reference Idaho Code 36-409(d) and IDAPA 13.01.08.320.01 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.