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So a buddy of mine was telling me that a older guy that hunts on the same land as my buddy had recently
shot a nice 5x5 buck with his bow. The older guy was able to find his arrow covered in blood but couldn't find the deer. A few days latter the guy went out again to find the deer this time he found the deer but nothing was left except the head and antlers, (yotes had cleaned up the rest of the deer) So of course the guy takes the head and antlers.

My question is if the guy keeps the head and antlers does he not have to tag the deer (thus ending his deer season for the year)
 

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Greenback96 said:
So a buddy of mine was telling me that a older guy that hunts on the same land as my buddy had recently
shot a nice 5x5 buck with his bow. The older guy was able to find his arrow covered in blood but couldn't find the deer. A few days latter the guy went out again to find the deer this time he found the deer but nothing was left except the head and antlers, (yotes had cleaned up the rest of the deer) So of course the guy takes the head and antlers.

My question is if the guy keeps the head and antlers does he not have to tag the deer (thus ending his deer season for the year)
Andre'?
 

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Yup, he needs to notch his tag and attach it. Had he left the head and antlers in the bush he would have been legal. This is a little off topic but maybe Andre can answer this one too.....
If you shoot a deer on say Monday but find it Tuesday or Wednesday, which date do you notch? The kill date or the possession date?
 

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My guess would be if he is going to claim it and take it, he has to tag it durning hunting season. Now, I think it would be different as per say, he was shed hunting after hunting season, and found just the head from a yote kill, or death by other means.

But to have any part of a game animal durning season, I would cross my T's & dott the I's

I wounder how record rack road kill find would playout, in season and out of season?? Andre'?
 

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Yup!

I did the same thing a few years ago. Shot a nice heavy 4x4 one evening with my rifle. The shot was further back than i would have liked...and when he stopped in some small poplars i took another shot and ended up going through a tree and hitting him in the neck. We tracked that buck for hours in the dark, i went back the next day and tracked him again...no dice. I was sick to my stomach, biggest buck i had shot up to that point. One week later, we go back to hunt and i can hear coyotes howling in an area where the deer had gone the week prior. After it was light enough, i took a walk into the area to see if i could find the deer. I found spot of blood...started to follow the trail and saw a raven fly down into the trees infront of me...i knew i was close to something. I got into an area that was covered in hair, blood, churned up snow, broken trees...and my buck (or what was left of him). The coyotes had killed him that day! He went the whole week with 2 .30-06 rounds through him! He was the biggest bodied deer i have ever shot...pretty old buck too. Cut my tag right there and hauled out his head...my season was over.
 

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Yes he should have tagged his kill,In regarts to found antlers all antlers attached to a skull plate need paper work shed antlers do not.
 

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There are many variables to such a scenario; including law, evidence, ethics and morals. However, I shall try to answer it based on rules of law, evidence and a little thing called Constitutional Rights.

The first question to be answered. Is the deer that he found the same one that he shot? Even though he might be certain that it is, only DNA testing would confirm that 100%. This would require obtaining samples at the sticking site and from the recovered animal. To justify such expense and time, an officer would need a lot more information or belief that an offense occurred.

#2: How much effort did the shooter put in to find the deer that he shot? Unless he/she gives a statement after being given the right to counsel AND police warning (Constitutional Rights), any words by that person are not admissible. If there were no witnesses or video evidence of the incident, there is no way of disputing that person's version of the incident.

#3: There is nothing that forces a person to tag an animal that was lost and recovered so long as that person made every reasonable attempt to find and recover that animal after shooting it. Based on #1, is that really the animal that he/she shot? Based on #2, if the hunter searched for hours, got help from other people, slept in the bush, whatever all in the hopes of finding the animal to put it down, salvage meat, prevent spoiling, etc. then he/she obviously made a reasonable or more than reasonable attempt to find the animal.

#4: Because the hunter can not be 100% certain that the antlered head is of the animal that he/she shot, the hunter has to obtain a permit to possess wild animal part to legally possess that antlered head. If the person believes that it is the one that he/she shot and wants to use his/her hunting tag on it, there would be no repercussion from our part. He/she may have to convince us that they did everything they could to recover the wounded animal but that is pretty much it.

In a nutshell, there is no reason to believe that an illegal act occurred.

As stated in my opening paragraph, ethics and morals also come into play. Some have eloquently stated that they would use up their tag regardless as they believe they took an animal therefore invalidating their tag. That is a very strong ethical position to take. The law does not require you to do that but your internal compass obviously does!

Manitoba's new #1 Typical is a perfect example of a recovered (found) un-retrieved kill. Whether it was legally shot and lost by an unknown party or poached and lost by an unknown party will probably never be known.

All that is known is that Tom ELSKAMP found this antlered head and brought it to our attention. To be honest I believe I was the first Department person to be officially contacted about this deer. I was the second Department person to see the score sheet and antlers. When I saw what he had and how he came to acquire it, I knew to make absolutely sure that EVERYTHING was done by the book! I should also add that Tom ELSKAMP is one of the most genuine, sincere and honest people that I've ever had the pleasure of dealing with in my 32 years with this Department.

There could not be any short-cuts when it came to possessing this new provincial record typical whitetail. We kept the antlers while Tom's permit application was being processed. A head of that magnitude could not be legislatively and administratively processed any other way! After several weeks Tom got his permit and his antlers; all 100% by the book!

We took a lot of heat from many people based on what they thought they knew. But only 3 people knew the story, Tom ELSKAMP, another Winnipeg NRO and me. All kinds of people tried to rip us apart, calling us Nazis, communists, we were threatened with job loss for seizing an animal that was legally taken. Letters and phone calls were sent to the Minister of the day calling for our heads.

However, I knew that we had the law and policy on our side AND we were taking the steps to protect Tom's once in a lifetime find! Fortunately Tom trusted us (officers) as we took the tough road to make sure that there would never be any innuendo regarding this deer head. No false tagging, no made up story that could rear it's ugly truth down the road. Consequently I have a great photo of Tom ELSKAMP and I holding his Manitoba #1 Typical Whitetail Buck!
 

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clawj said:
Yup, he needs to notch his tag and attach it. Had he left the head and antlers in the bush he would have been legal. This is a little off topic but maybe Andre can answer this one too.....
If you shoot a deer on say Monday but find it Tuesday or Wednesday, which date do you notch? The kill date or the possession date?
To protect yourself from answering questions as to why you're wandering around the bush with a tag that already has date of kill cut out, you are best to wait until you can confirm the kill. So make that Tuesday or Wednesday in your scenario Jamie. :)
 

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I really am so glad that we have a person like Andre on this site who can answer legal question like this for us. Because usually there are a handful of different answers from people who think they know what is right, and that can become rather confusing. Thanks again Andre. ;) :D
 

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Gonzago1234 said:
I really am so glad that we have a person like Andre on this site who can answer legal question like this for us. Because usually there are a handful of different answers from people who think they know what is right, and that can become rather confusing. Thanks again Andre. ;) :D

x2 on that. Over the years we ( well me anyways ) tend to develop some bad habits that need a little nudge toward the clean and squeeky so we don't put ourselves at risk. These forums and the content of which you speak are an opportunity for us to - shall I say - " smarten up".......!!

Thanks for your time and effort.
 

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I actually got to see the antlers or maybe they were the replicas not sure…when I was picking up my caribou tags in June. One of the officers (maybe you Andre) was kind enough to show us and tell us the story. Very impressive deer!
 

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hillbilly said:
I actually got to see the antlers or maybe they were the replicas not sure…when I was picking up my caribou tags in June. One of the officers (maybe you Andre) was kind enough to show us and tell us the story. Very impressive deer!
That was probably a Winnipeg officer and yes they would have been replicas. Tom has the original set.
 
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