Failure to Follow Game and Fish AZ Hunting Regulations May Result in a Huge Missed Steak this Hunting Season

The regular football season is more than half-way over, Thanksgiving has ended, and, pretty soon, we’ll be snuggling by the tree opening presents.  While many of our readers may have already gone on their first hunt of the year, we’d like to take this time to alert you to some of Arizona Game and Fish Department’s new enforcement tactics. Castillo Law wants to make sure your hunting season is as safe and enjoyable as possible!

Beware of Decoys Strategically Planted to Catch Violators of Hunting Laws

Earlier this fall, two hunters were convicted for illegally killing five deer at Redington Pass in Tucson. AZGFD discovered that, along with poaching three deer, one of which was pregnant with two fawns, these hunters used a truck outfitted with LED lights that was linked to multiple other poachings in the area including 15 deer, several reptiles, a hawk, a bobcat and a fox. Many of these offenses occurred on Friday nights, which caused AZGFD to term this the “Friday Night Lights Case.”

The Friday Night Lights hunters were sentenced to 120 days in jail, 100 hours of community service, a year of probation, a hunter education class, an animal mistreatment offender program, and a $750 fine. These hunters could have avoided these penalties had they followed basic hunting laws. For example, had they not hunted at night, not used a rifle during bow season, not shot a pregnant deer, and had the proper tags and licenses, they would not have been caught in authority crossfires.

The Friday Night Lights case and an increase in mule deer poachings have prompted a new way to apprehend poachers: a robotic, mule deer decoy. This decoy was demonstrated at North Greasewood Road in Tuscon to show that, “poaching is not hunting, but a crime against the citizens of the State.” AZGFD and Terry Herndon of the Mule Deer Foundation also used this as an opportunity to make the following statement, “Know the fact that it’s illegal to shoot an animal across the road. If you’re a hunter out here in Arizona, you should know the rules.” AZGFD is definitely looking to catch these people and citations are on the rise in Arizona for illegal hunting practices.

Embrace the Spirit of Hunt Hard and Hunt Safe

In a civilized and cultivated country, wild animals only continue to exist at all when preserved by sportsmen.
-Theodore Roosevelt

Hunt hard and hunt safe is a slogan used to convey the concept of Fair Chase.

Fair Chase is the ethical, sportsmanlike and lawful pursuit and take of free-range wildlife in a manner that does not give a hunter or an angler improper or unfair advantage over such wildlife.

Hunting with these ethical methods is the most sure-fire way to avoid being targeted by authorities.

Technological Advancements and the Notion of Fair Chase

Advancements in technology have changed the way bows, firearms, and ammunition are made. Hunters should ensure that their new technology does not violate the notion of fair chase when it provides sportsmen with an improper or unfair advantage.
For example, three recent technological advancements in hunting have been the smart rifle, drones, and exploding arrow tips.

Hunters in Arizona should be aware that:

• The smart rifle is unlawful for take by nature if it is a laser-supported sighting system;
• Unmanned aerial vehicles (aka UAV’s or drones) — are aircraft and subject to the same rules as other aircrafts;
• The exploding arrow tip or similar items may not be used in an archery or muzzle-loader season because they are considered “explosive devices.”

Rapid Fire Hunting Facts to Remember

• Have a proper signed license and the appropriate signed tags with you at all times;
• Do not hunt at night;
• Do not shoot next to or across any roadways and/or highways;
• Do not shoot too close to an occupied building or residence;
• Do not trespass. Remain on legal land while hunting;
• Properly tag big game in accordance with the instructions on the back of the permit-tag and pursuant to Commission Rule, R12-4-302;
• Do not shoot Mexican Wolves, which are protected under the Endangered Species Act. The Mexican Wolf looks very similar to a coyote (which can be hunted year-round). The penalty of killing a Mexican Wolf is up to a year in prison and a fine of up to $50,000;
• Remember TAB +1: Treat every firearm as if it were loaded, Always keep the muzzle in a safe direction, Be sure of the target and beyond, +1 keep your finger outside the trigger guard until ready to shoot;
• Avoid alcoholic beverages before and during shooting.

Review All Hunting Rules and Regulations Each Year

It’s the hunter’s responsibility to review all hunting rules and regulations each year in accordance with Arizona Game and Fish Department’s yearly handbooks. These handbooks outline everything a responsible hunter needs to know about big game hunting seasons, small game hunting seasons, reptile & amphibian regulations, trapping regulations, license information, laws and rules, and they even provide downloadable pamphlets on each species’ specific information and requirements.

Please read our 2014 hunting article for more information about potential criminal charges resulting from illegal hunting behavior. It’s important to remember that there is more at risk than civil citations imposed by AZGFD. The careless or reckless use of a firearm could result in criminal charges such as disorderly conduct, poaching, assault, aggravated assault and even involuntary manslaughter. Please be aware of all gun laws and hunting rules and regulations every hunting season.

If you find yourself facing criminal charges, call an experienced attorney immediately. Castillo Law is available 24/7, and we offer free consultations. Remember that safe and lawful hunting practices are what give men and women the opportunity to keep hunting each season in our beautiful State of Arizona. Happy hunting!