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trash guy refused to take my deer carcass


mazzgolf

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2 hours ago, RPK0620 said:

Do any of you guys have jobs or lives & interests besides NJW&W postings ?

 I'm retired and don't have enough time during the day to read all the posts let alone compose them !  :happywave:

 

PS: If you do have jobs then get back to work and put $$$ in to Social Security so I can stay retired. Thank you !

This thread is as thrilling as watching the impeachment hearings. 

"The Nation Which Forgets Its Defenders, Will Itself Be Forgotten".

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1 hour ago, Lunatic said:

Yes, it is hard to argue the F&G has no authority to create regs without having an actual law behind it when the law makers gave fish and game power and authority to do so:happywave:

I'll post this again. Maybe this time you will understand.

52:14B-2

(e) "Administrative rule" or "rule," when not otherwise modified, means each agency statement of general applicability and continuing effect that implements or interprets law or policy

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18 minutes ago, nickmarch said:

I already posted an email showing that I told them that I would be hunting over bait and where I was hunting, they didnt show up. Why? Because they know that I will take it to court and they will lose!

You are wrong plain and simple good luck ket us know how your ticket goes your last post shows ne you are full of shit 

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5 minutes ago, vdep217 said:

You are wrong plain and simple good luck ket us know how your ticket goes your last post shows ne you are full of shit 

I can understand why you still do not understand. Maybe when you are bright enough to spell "license" you will get it. Screenshot_20200122-120015.thumb.jpg.40812d540d589e6beb8ea9131b1d6a3a.jpg

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1 hour ago, nickmarch said:

You guys are lame. You do not understand what you read. 

Yes they can make regulations. Regulations that interpret laws. They can not make regulations that say the opposite of any law.  If a regulation says one thing and the law says another the law rules.

23:4-24.2. Shooting or taking game bird or animal from tree or structure within 300 feet of baited area

No person shall, except under emergency conditions authorized by the Division of Fish and Game, kill, destroy, injure, shoot, shoot at, take, wound, or attempt to take, kill, or wound a game bird or game animal, or have in his possession or control any firearm or other weapon of any kind, while elevated in a standing tree, or in a structure of any kind within 300 feet of a baited area under a penalty of $50.00 for each offense.

I tell you what I am reading: Law makers gave F&G the authority and power to amend and even repeal anything in 23 :

and may, after first having determined the need for such  action on the basis of scientific investigation and research, adopt and from  time to time amend and repeal such appropriate and reasonable regulations  concerning the same, or any of them, penalties for the violation of which are  prescribed by certain of the sections of Title 23 of the Revised Statutes  amended herein, as it deems necessary to preserve, properly utilize or maintain  the best relative number of any species or variety thereof, at the times, in  the manner and to the extent hereinafter provided.  The regulations so established shall be called the State Fish and Game Code.

 

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Yes lawmakers give them the right to make regulations as outlined and according to the Administrative Proceedures Code.  I posted a link to it.  I posted screenshots of it.  I also showed the hierarchy of the law. The law rules over regulations. The law allows hunting game birds aka turkey over bait as long as you are not elevated or in a structure.  What else needs to be said? 

Screenshot_20200122-122041.jpg

Edited by nickmarch
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6 minutes ago, nickmarch said:

Yes lawmakers give them the right to make regulations as outlined and according to the Administrative Proceedures Code.  I posted a link to it.  I posted screenshots of it.  I also showed the hierarchy of the law. The law rules over regulations. The law allows hunting game birds aka turkey over bait as long as you are not elevated or in a structure.  What else needs to be said? 

Screenshot_20200122-122041.jpg

Blah, blah., I said it looks like f&g has the power to ignore the title 23 if they decide it is necessary to accomplish their goals. 
I disagree you have a valid argument so I’ll will not be baiting turkeys. You do as you please 

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1 minute ago, Lunatic said:

Blah, blah., I said it looks like f&g has the power to ignore the title 23 if they decide it is necessary to accomplish their goals. 
I disagree you have a valid argument so I’ll will not be baiting turkeys. You do as you please 

That's ridiculous.   If that's the way things worked it would be easier to ignore just about every law on the books.

I don't bait.  A regulation must be reasonable as specified in the admin Proceedures act.  Is it reasonable that you could and probably would be fined for hunting within 300' of bait that you didn't know was there?  That's the point!   

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Maybe now someone will answer this?

https://www.njwoodsandwater.com/forums/topic/35543-trash-guy-refused-to-take-my-deer-carcass/?do=findComment&comment=496071

I know the illegal reg says that you don't have to wear hunter orange but as FG regularly does they ignore the laws that they are required to follow and do whatever they want.  Its easier to just do what you want and ignore the laws that they are required to follow.  It's also easier to shoot a turkey over bait from a tree stand so according to your thinking it should be ok to ignore the law.

23:4-13.1. Clothing; outer garment of fluorescent hunter's orange

a. Any person while hunting deer, rabbit, hare, squirrel, fox, or game birds, other than waterfowl, with firearms in this State, shall wear a cap of fluorescent hunter's orange or some other outer garment containing at least 200 square inches of fluorescent hunter's orange material which shall be visible from all sides. The penalty for violation of this section shall be $50.00 for each offense.

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