2019-20 Hunting regulations

[vdep217]

Also turkey hunting regs that are game code are specifically aimed at turkey hunting,  and I'm sure that laws went through proper channels when nj adopted a turkey season

[nickmarch]

19 minutes ago, vdep217 said:

As already said game code is law.. and must be adhered..  sounds like you are trying the right way to change it.. that has been game code since before baiting deer was legal exceptions were made for deer and bear not other game

Game Code is regulations/ rules it is not law.  Regulations MUST be backed up by a law.  Regulations are an interpretation of a law.  I've already posted screenshots of these facts.  You must have missed them.

Feeding bear is illegal,  I see no Statute that allows it for hunting.  If you choose to disagree that's fine but I prefer that you show me a law that allows it. 

Edited July 26, 2019 by nickmarch

[nickmarch]

14 minutes ago, vdep217 said:

And for the record it did go through legislation and to the governor's desk when baiting deer became legal..

I never said that baiting deerm is illegal.  Deer can be hunted any distance from bait from the ground, a tree or a structure.

[nickmarch]

10 minutes ago, vdep217 said:

Also turkey hunting regs that are game code are specifically aimed at turkey hunting,  and I'm sure that laws went through proper channels when nj adopted a turkey season

No they didn't go thru the proper channel.  I posted my petition here showing the numerous laws that fish and wildlife council violated to make some of the turkey regulations. 

[Bucndoe]

Good luck being wrong

[Buck154]

It's the NJ way. Last minute 

[birdshotnj]

I just wasted 10 minutes of my life reading all of this. Can deer season come soon? We have too much free time on our hands lol

[tuny]

"State possession laws govern illegal possession.  They have to prove "beyond a reasonable doubt" that you possessed the bait and knew that it was there" 

Sir you are dead wrong, a turkey baiting is strict liability and the proof is a mere preponderance of the evidence, not proof beyond a reasonable doubt. Turkey baiting violations are civil in nature not criminal. The statue you refer to is 23:4-24.2 but it does not apply to turkey hunting which is covered by the "manner and means" regulation, which carries a different penalty and regulation set.

[Livesintrees]

I look forward to September, Gut shots, tracking dogs, the smell of the fall air, and the got it done today posts with fawns. 

[tuny]

"  19 hours ago, vdep217 said:

As already said game code is law.. and must be adhered..  sounds like you are trying the right way to change it.. that has been game code since before baiting deer was legal exceptions were made for deer and bear not other game"

The statute you are referring to only allows hunting over bait for deer NOT BEARS! Hunting bears from a tree over bait is still illegal as well as putting out bear bait, as that is feeding bears.

[tuny]

Nickmarch, I don't know where you got your law degree, but go back and ask for a refund, because you don't know what you are talking about.

[nickmarch]

1 hour ago, tuny said:

Nickmarch, I don't know where you got your law degree, but go back and ask for a refund, because you don't know what you are talking about.

Unlike yourself I have read all of the laws and Proceedures including the laws of posession.  I filed the petition in early May. They had 60 days to disagree and explain why I am wrong or extend for another 90 days for further deliberations.  They extended for 90 days.  Why? Because they can not show me that I are wrong.

As far as the laws of possession... 

Possession is not limited to criminal charges. Bait would be constructive possession.

[vdep217]

1 hour ago, tuny said:

"  19 hours ago, vdep217 said:

As already said game code is law.. and must be adhered..  sounds like you are trying the right way to change it.. that has been game code since before baiting deer was legal exceptions were made for deer and bear not other game"

The statute you are referring to only allows hunting over bait for deer NOT BEARS! Hunting bears from a tree over bait is still illegal as well as putting out bear bait, as that is feeding bears.

Correct but you can hunt as close as you want on the ground it specifically says turkey can not be within 300 ft that is what I was referring to..  should have been more specific..

[nickmarch]

1 hour ago, tuny said:

"  19 hours ago, vdep217 said:

As already said game code is law.. and must be adhered..  sounds like you are trying the right way to change it.. that has been game code since before baiting deer was legal exceptions were made for deer and bear not other game"

The statute you are referring to only allows hunting over bait for deer NOT BEARS! Hunting bears from a tree over bait is still illegal as well as putting out bear bait, as that is feeding bears.

Game Code is not law it is regulation.  It has the same force and effect as law when properly made but it is not law.  As I've said over and over again a regulation is an interpretation of a law.  In this case there is no law that can be interpreted to not allow turkey hunting from the ground within 300' of bait. There is a law that allows turkey hunting from the ground within any distance from the bait. I've posted the laws, federal court rulings, Proceedures ECT multiple times yet some just don't get it! 

Edited July 27, 2019 by nickmarch

[tuny]

I must again point out that you are incorrect in your beliefs, see NJSA 23:4-12 below that refers to the game code as per legal methods of take for turkeys:

23:4-12. Hunting certain game, except in manner provided by Code or with gun or bow and arrow, unlawful; penalty
No person, shall kill, destroy or injure, pursue with intent to kill or injure or in any manner attempt to take or injure, any anatidae commonly known as swans, geese, brant and river and sea ducks; rallidae, commonly known as rails, gallinules, coots and mud hens; limicolae, commonly known as shore birds, surf snipe or bay snipe, among them being yellowlegs plovers, willets, sandpipers, dowitchers or robin snipe, brown backs, curlews, turnstones or calico backs, godwits or marlin, tittlers and woodcocks; gallinae, commonly known as wild turkey, grouse, prairie chickens, pheasants, partridge and quails; or any hare commonly known as rabbit; gray, black or fox squirrels; or any other game bird or game animal, except in the manner prescribed by the provisions of the State Fish and Game Code, or, in the absence of such provision in said code, except in the manner usually known as hunting with a gun, the gun being not larger than ten gauge and held at arm's length and fired from the shoulder without rest, or by the use of long bow and arrow, provided, however, it shall be unlawful for any person while hunting any wild bird or animal to have both a firearm and a bow and arrow in his possession or under his control in the woods or fields or on the water, under a penalty of $20.00 for each offense.
 

Now sir can that be any more clear to you. The fact that is a penalty makes it civil in nature and thus a mere preponderance of the evidence for burden of proof.

Edited July 27, 2019 by tuny