# Most common violations?



## Mr. 16 gauge (Jan 26, 2000)

Hi Boehr;
I was wondering if you could tell us what you consider to be the most common violations that most honest hunters and fishermen are guilty of.
I am not talking the blatant 15 salmon over the limit, or hunting after legal shooting hours type of thing, were it it obvious to all that what was done was illegal, but more like violations that arent readily apparent to most guys (Like forgetting to sign your licence, or some such thing).
Hopefullly, this post will be useful in keeping well intentioned sportsman on the right side of the law. Thanks in advance.


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## boehr (Jan 31, 2000)

That's an interesting question and it does provide me an opportunity to let sportspersons to hear a little truth instead of what they hear from the local bar or sportsmens club etc.

You had mentioned and example like forgetting to sign a license, duck stamp etc. I know there have been tickets wrote for that, I never have in my career but some officers have. You hear a story about someone getting a ticket for that through the rumor mill. Fact is, the charge was for forgetting to sign the license but the reason is because the person was doing other things wrong to and the officer wanted to give the person a break or maybe the person is doing something that the officer knows he did but can't prove it. An example of this would be three guys hunting waterfowl and 15 minutes after shooting hours one guy shoots and some passing ducks. Officer knows it came from the blind but the hunters will not give up which of the three that shot. Obviously the officer can't write tickets to all three because he knows only one guy shot so the signed license comes into play.

As far as possible honest mistakes that some make would be expired licenses, boat, registrations, snowmobile registrations etc. I believe the fishing license finally was changed this year to include the expiration date on them so that helps. I have heard excuses that I thought is was good for a year from the date of purchase or expired on my birthday etc.

Boat registrations are a good example. If your boat has the numbers "*01*" on it many people might believe that it is good for the whole year of 2001. Fact is, and has been for many, many years, that it expired March 31, 2001.

Snowmobile registration are the same but expire Sept 30 of the year on the registration.

Now. I would never say no officer has ever issued a ticket that the officer shouldn't have but for the most part there are normally multiple violations involved when tickets are issued and the officer determines what ticket to issue. 90% of the time an officer will not issue multiple tickets but sometimes it is needed. Every officer in my District knows I have a saying, "It's better to go home wishing you had wrote a ticket than to wish you hadn't".

This is a good subject and I will add some more to this post. I will tell you about a 14 point deer shot by a person, his 3rd buck for 2000 season and why the prosecutor dismissed the ticket, we do have the cape, head and antlers though.

Since I took a vacation day today and I'm not in the office I will give you all kinds of ticket/arrest numbers for the CO's in District 12 from Oct 1, 2000 to the present so you can see different types for yourself on Monday.


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## chad 1 (Jan 23, 2001)

Hey boehr, I have seen a person get a ticket for a unsigned stamp but it was a federal stamp and a federal warden. I was in the same boat so it was not a rumor.every thing else was legal. chad 1


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## Slugshot1 (Jan 20, 2000)

As usual Boehr, I appreciate your insight and look forward to your further postings regarding this topic.


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## Mr. 16 gauge (Jan 26, 2000)

Thanks, Boehr, this is the kind of stuff I was thinking of.
The unsigned duck stamp thing happened to us a few years back, back when we had an actual MI duck stamp. I was hunting with an assistant Oakland County Prosecutor when we were checked by a CO. The fellow I was hunting with had signed the Federal stamp, but had forgot to sign the state one (he bought them at separate times). We were legal in every other aspect, and the CO just handed my friend his pen and said "sign it, please", and that was the end of it.
Another time, we were hunting Anchor Bay and we were checked by a CO (opening day). I was hunting with my brand new Johnboat, and when the CO asked about PFDs, I replied that yes, I had them, and showed her my seat cushions. She said that those weren't good enough, and that all persons must have a PFD (vest type, ect). She got out the ticket book and started writing. I stated (not really argued, but stated) that I had asked the Sec. of State office when I registared the boat what I needed, and they told me either a vest OR a cushion. She went on to state that since Lk St. Clair is international waters, that everyone is required to have a vest. We were legal in every other aspect--I had two power sources (oars and motor), first aid kit, flares, rope and a throwable floatation device, fire extinguisher, ect.....I thought I was complying with the law based on what the Sect. of State had told me. She thought for a moment and put the ticket book away and said "don't ever let me catch you out here without a vest again". I said "thank you" and she won't.
Finallly, I was hunting up at my Uncle's near Ludington, and I was reading the local paper, which publishes everyones name that was issued traffic or other citations. I was surprised to see that there were several citations issued for carrying double edged knives......I never knew that double edge knives were illegal! They sell them in all the sporting goods and army/navy stores! My Uncle used to be a sherriffs deputy, and told be that yes indeed, they are illegal to possess, but not illegal to own (?????????) To the best of my knowledge, there is nothing regarding this rule in the hunting guide, and since hunters are most likely to carry knives afield, maybe it should be. Thanks again.


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## boehr (Jan 31, 2000)

I understand what you are saying about the knives but the double edged knife is under the concealed weapons law. Obviously, there are a lot of things that would be nice to be in the digest but the long the digest gets, the less people will read it. Many people don't read it now. Many argue that the hand gun CCW info shouldn't be in the hunting digest either. I don't know what extra infomation besides hunting and trapping laws should or should not be in the digest but we, hunters, must also take some responsibility on finding out laws are too, especially those not dealing with hunting, trapping, fishing specifically.


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## boehr (Jan 31, 2000)

chad 1...I don't doubt that a bit but I have no say or control what the feds do.

A short story. Last fall one of my officers received a complaint that a person had taken his third buck on Nov 15, a very nice 14 point buck. The officer gathered information and found during the investigation that this person had already taken two bucks during bow season. This person, the shooter, after contacting another person he knew, got this other person to go purchase a deer license to tag the shooters second buck. Opening day of firearm season this person took his third buck, the 14 pointer. It is believed that the shooter knew about the 14 pointer when he shot his second buck but didn't want to let the second buck go and just continue to hunt for the 14 pointer for his second buck. The officer contacted all suspects and got confessions from the two suspects involved. The officer also obtained the cape, head and antlers of the 14 pointer. This person that shot the 3 deer has been arrested numerous times for a various different things in the past. Come the day of the pre-trial, the person who went and bought the license to tag the second buck decided to hire an attorney. The person had cooperated and it had already been decided that he was not going to be charged but, apparently was concerned he might be anyways which it's assumed that is why he hired an attorney. Anyway, at the pre-trail the tag purchaser's attorney informed the prosecutor his client would plead the 5th and not testify. He couldn't be charged at that time simply because he had already been told he would not be charged by the officer. The case was dismissed by the prosecutor. We still have the cape, head and antlers and don't plan on giving them back without a court order, which if happens, we will appeal it.

This is one of the things that happens when the CO does what he believes to be the right thing. What he should have done was charge the tag purchaser too at the time and had the charges dismissed after he testified. Sometimes, CO's are forced into charging people when they really don't want too just because of this type of case.


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## Mr. 16 gauge (Jan 26, 2000)

Boehr;
I can see your point re: cramming too much information into the hunting guide. Do you have any links that you recommend where this information might be available? Thanks again.


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## boehr (Jan 31, 2000)

The Michigan State Police site has a llink with all weapon laws which includes knives. Here is the link:
http://www.msp.state.mi.us/reports/ccw/ccwtoc.htm


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## boehr (Jan 31, 2000)

The following is a list of charges since Oct 2000 (last 6 months) for the 9 counties in District 12 which has 17 field officers. You can see which type of violation is common or not for yourself.

Program	TYPE OF VIOLATION 

ENVIRON LITTERING 24
ENVIRON BURN W/O PERMIT 1
FISH	CLOSED STREAM 17
FISH	FAIL TO REMOVE FISH SHANTY 2
FISH	FAIL TO REMOVE ICE SHANTY 1
FISH	FAIL TO SUBMIT CATCH REPORTS 2	
FISH	FISH OUT OF SEASON 1
FISH	FISH W/O LIC 65
FISH	FOUL HOOK FISH/SNAG 24
FISH	ILLEGAL FISH - TAKE/POSSESS 21	
FISH	ILLEGAL GEAR/SPEAR/NET 21	
FISH	NO NAME ON ICE SHANTY 3
FISH	NO NAME ON TIP UPS 6
FISH	OVERLIMIT OF FISH	1
FISH	TOO MANY LINES 39
FISH	TRESPASS 26
FISH	UNATTENDED LINES 1
FISH	UNDERSIZE FISH 6
GEN	ASSAULT WITH DEADLY WEAPON 1
GEN	CCW 2
GEN	CONTROLLED SUBSTANCE-DRUGS 14
GEN	FELON IN POSSESSION OF FIREARM 4	
GEN	LARCENY FROM M/V 1	
GEN	LEIN HIT 17
GEN MIP 4	
GEN	OPEN INTOX 10	
GEN	OUIL 3	
LANDS	ACCESS SITE VIOLATIONS 4
LANDS	GAME AREA VIOLATIONS 15
LANDS	NO CAMP REGISTRATION 1	
LANDS	TARGET SHOOT IN GORDNECK	1	
MARINE	BOATING BUOY VIOLATION 13	
MARINE	NO FIRE EXTINGUISHER 2	
MARINE	NO PFD 9	
MARINE	SLOW NO WAKE VIOLATION 2
MARINE	UNREG BOAT 5
ORV	ALLOW MINOR TO OPERATE ORV 5
ORV	NO HELMET 18
ORV	ORV IN SGA 11	
ORV	ORV ON ROAD 34
ORV	RIDE DOUBLE 10
ORV	TRESPASS 4
ORV	UNREG ORV 11
SNOW	CLOSED TRAIL 3
SNOW	FAIL TO STOP 2	
SNOW	NO HELMET 3
SNOW	NO SNOWMOBILE SAFETY CERT 1	
SNOW	NO TRAIL PERMIT 43
SNOW	ON ROAD 30
SNOW	OPERATE IN SGA 31
SNOW	OPERATE SNOWMOBILE WHILE DWLS 3	
SNOW	TRESPASS 1	
SNOW	UNREG SNOWMOBILE 43
WILD	5 DAY DEER SEASON VIOLATION 2	
WILD	BAIT WATERFOWL 6
WILD	CARELESS DISCHARGE OF FIREARM 1	
WILD	DEER PROCESSOR VIOLATION	1
WILD	DEER TAGGING VIOLATION 41
WILD	DOG LAW VIOLATION 1	
WILD	HUNT DEER W/ FIREARM DURING BOW 1	
WILD	HUNT HOURS VIOLATION 12	
WILD	HUNT WHILE INTOXICATED 2	
WILD	HUNTER HARASSMENT 2
WILD	ILLEGAL BLIND/TREE STANDS 8	
WILD	ILLEGAL DEER 26	
WILD	ILLEGAL TURKEY 3	
WILD	ILLEGAL WATERFOWL 2
WILD	LEAD SHOT 4	
WILD	LICENSE VIOLATION 55
WILD	LOADED GUN 22	
WILD	MINOR HUNT W/O SUPERVISION 5	
WILD	NO FED DUCK STAMP 3	
WILD	NO FUR DEALER LIC	3	
WILD	NO ORANGE 22
WILD	NO WATERFOWL LIC 1	
WILD	POSSESS PROTECTED SPICES	1	
WILD	POSSESS ROAD KILLED DEER W/O PERMIT 1
WILD	RIFLE IN SHOTGUN ZONE - DEER 2	
WILD	SAFETY ZONE VIOLATION 2
WILD	SHINE WHEN PROHIBITED 24	
WILD	SHINE WITH WEAPON 6	
WILD	TAXIDERMY VIOLATION 1
WILD	TRESPASS 34	
WILD	UNCASED BOW 6	
WILD	UNCASED GUN 19	
WILD	UNPLUGGED GUN 5	
WILD	USE LIVE DECOYS FOR WATERFOWL 6
WILD	WATERFOWL MGT. VIOLATIONS 15


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## michiduck (Dec 15, 2000)

boehr,

thanks for the post... its very interesting to see the different violations and how common they actually are.


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## Buckmaster (Sep 17, 2000)

Boehr, While browsing through those violations I noticed the one with no orange, which brings out a question...Where I am located there are many, many Amish hunters, mainly for deer, They wear absolutely no orange because it is against their religion to wear bright colors. Now I am talking horse and buggy here, no electricity ect, ect, ect... Is this illegal? Has it ever been challenged for religous reasons? Or do the officers just sorta look the other way because they know Amish will not wear it anyways? Thank you in advance.


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## boehr (Jan 31, 2000)

They get a ticket. It has been challenged and the choice is wear orange or don't hunt. Many Amish do wear it too.


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