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After our duck opener adventure, I got to thinking...
Had the CO's not given us the benefit of the doubt, that we were oblivious to the baiting going on in the area, and decided to charge us, and confiscate the birds, gun, etc.
I know they can take the boat, truck, and everything else afield, but could they take the dog?
Weird question I know, but was something I was pondering. The dog, at that point, is a hunting tool, and wondering if as such, they could confiscate her as well.
Never heard of it and really never thought of it. I would have to guess it would have to be an exstream case
That's a great question TR to which I don't have the answer but I think they probably could take the dog. I have not heard of it happening. Now with the hard times upon the Ministry could they afford to feed the dog?
outback
Good question. As you said it's probably possible because the dog was being used as a Hunting tool. On the other side they would then have to take on the responsibility for the care of the dog. I would imagine they have a local impound kennel for any dogs confiscated at a daily cost that would be charged to the Ministry. When everything played out after court and convictions etc the impound rate would probably be charged back to the owner upon clamming the dog. Of course that could lead into several weeks if not months and years, so the cost of looking after the dog would definitely be crazy expensive. With smaller budgets and cuts backs in government these days they probably don't like taking that risk of being left with a hefty impound fee after the dust settles. The possibility also exists that the original dog owner can't afford the bill and walks. Or if the dog owner wins the case I would imagine the cost would have to be absorbed by the Ministry (more money out of the budget). Anyway, just my 2 cents and sheer speculation on the subject. I am sure there is a better answer out there somewhere.
I would think it would be very unlikely, unless they felt the dog was being mistreated and they decided to get the humane society involved.
Yes the dog is the most valuable thing you have... he could have if he wanted to
I guess they could. I wonder if they out the dog in a pound if you would have to pay to have it released?
Good input so far, next time I run into one in the field I'll have to remember to ask.
They don't want yellow labs . Relax TR bud . If I was a CO and you asked me that question I would seize your gun and then take you to the nearest psych ward for observation and evaluation . LOL
TD
TR...there is case law from probably 25 or 30 years ago, that dealt with basically your situation. An individual went to hunt at a very large controlled hunting marsh in Dover Twp, was caught and charged with shooting over bait. As I remember it, she was initially convicted, but the conviction was overturned on appeal. Her defence was, she was not responsible for placing the bait, that she only arrived at the marsh to hunt in the dark, and had no knowledge of the bait. It was the Chapin decision if I remember correctly.
As far as seizing the dog, I highly doubt that as the dog was not used in the commission of any offence. She is only used to retrieve an already harvested bird.