Hunter wants law to allow wounded deer kills after dark
by MIKE HIBBARD/mhibbard@fltimes.com
Wednesday, December 29, 2010 12:02 PM CST
PHELPS — Not many people would find the proverbial “silver lining” after being fined $175, but Mike Bush believes he has.
“If this all works out, that 175 dollars will be worth millions to me,” said Bush, who lives on Route 14 in the town of Phelps.
Bush is trying to get state officials, including politicians and the brass at the Department of Environmental Conservation, to let hunters kill wounded deer after dark.
He already has taken his cause to state Sen. Michael Nozzolio, R-54 of Fayette, who is considering Bush’s proposal.
“What I need for people to know is that this is a problem, the way the law currently is,” Bush said. “How many deer out there are suffering for days, weeks or months because of a DEC law that needs to be changed?”
Bush’s story goes back to Nov. 21, when he and some companions were hunting deer in the town of Lyons. One member of the hunting party shot a deer about 4 p.m., but the animal was only wounded and ran off.
Knowing they could only legally shoot until sunset, Bush and his fellow hunters began tracking the deer and continued following the trail after dark. When they found the animal several hours later, about 7 p.m., it was still alive and tried to get away.
Bush finished off the deer in an area near the village of Lyons, and a concerned resident called police.
“I would have done that, too, if I heard a shot that close to my home,” Bush said. “I don’t blame the person for calling.”State troopers, Wayne County deputies and Lyons police were at the scene quickly, and Bush explained the situation to them.
“The deer had a shattered back leg and punctured intestines,” Bush said of the deer’s condition before he killed it. “What am I supposed to do? Let the deer suffer all night like that?”
Police then called a DEC officer, who confirmed what the police and the hunters already knew — deer can only be legally shot between sunrise and sunset during big-game season, even if the hunter is humanely putting the animal out of its misery. Bush was ticketed by police, and later pleaded guilty and paid the $175 fine.
“They believed my story, but they still had to issue me a ticket,” Bush said. “I guess it could have been worse. It could have been a misdemeanor, but they wrote it up as a violation.”
Instead of stewing about being fined for what he believes was the right thing to do, Bush is trying to get the law changed.
“This has turned out to be an opportunity, not a bad thing,” he said. “An awful lot of hunters know you can’t shoot after dark, but after dark the deer is on its own. This probably happens hundreds of times a year to hunters all around the state.”
Bush’s plan would create an after-hours deer recovery permit. It would be a two-part permit issued by any police officer.
One half of the permit would have the hunters’ names and area of search, and would be retained by the police and sent to the DEC. The other half would be held by the hunters and given to a DEC officer by sundown the next day.
At that time, the DEC officer could do an investigation and have the authority to confiscate the deer. Animals would have to be tagged, and if the deer is confiscated, the tag would be lost to the hunter, thus discouraging getting a permit for the purchase of poaching.
Bush said the names of the hunters on the permit would be in a computer database, which would enable the DEC to see if people are regularly applying for permits or doing so in different jurisdictions.
The permit would allow no more than three hunters to search for the wounded deer, and only one of them could be armed.
Bush said three-person teams set up in this fashion would make sure that no hunter is in the woods alone, and they would be required to carry flashlights that are on at all times.
Bush said by limiting the time a deer can be killed to the daylight hours, many of them suffer needlessly. He believes most hunters would go along with his idea.
“This is not about getting the deer and the meat. It’s about the suffering of the animal. Right now, the law is about animal cruelty,” he said. “Each hunting season, dozens and quite possibly hundreds of deer die long, painful deaths in New York state because of a faulty hunting law which forbids moral and ethical hunters from putting wounded deer down after dark.”
Bush said the deer generally die from infection or starvation after days, weeks or even months of pain and suffering. He believes many hunters do track down and euthanize deer after dark — risking arrest, fines and loss of hunting privileges — but far more don’t because it is against the law.
Bush hopes Nozzolio and other state officials consider passing what he calls a practical change in the law that will end the suffering of deer. He also encourages people to call their local politicians if they support the idea.
“I think hunters would be behind this 100 percent,” said Bush, who is also trying to get sportsmen clubs behind his cause. “This is what I’m trying to get done, and I will get it done, whether it takes months or years. It’s the ethical and moral thing to do.”
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