# Tagging a Deer (take 2)



## k9wernet (Oct 15, 2007)

Made the mistake of posting this in the Whitetails forum and it's running away... the name-calling is right around the corner! Anyway... 

I'm just curious if there's any law that states you must have THE license you plan to use to tag a deer in your possession upon shooting it -- assuming you have A license to legally take that deer.

I'm new to deer hunting, but I have talked to several hunters who will buy a combo license and take a doe during archery season, which is perfectly legal. However, instead of climbing down and tagging their deer, they'll climb down, head to the car, drive to buy an antlerless tag, and then go find their deer and tag it with the antlerless tag.

They're hunting legally, and tagging (apparently) legally, but it sure seems like AT BEST they're working the system, and I wouldn't be surprised to find that this is in violation of some game law.

I'm not one to narc on the guys who taught me how to hunt, but I have no problem pointing out the law to them if someone can help me find out where it's written. It might seem kind of nit-picky, but I just believe that if we're going enjoy a community resource, we all need to play by the same rules.

Here's Wartfroggy's paraphrase of my scenario:



wartfroggy said:


> If a bowhunter wants to, they can tag an antlerless deer w/ a combo. So shooting a doe while possessing the combo, then buying a doe tag, then tagging the deer seems like it is a gray area. Technically, nothing is done outside of the law as I see it written. Mainly because the hunter COULD tag the deer with the tags that are on the person, even if he decides to use a different tag that isn't purchased yet.


I'd just like to see in black and white that you CAN'T do this so I can take it back to my buds.

KW


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## boehr (Jan 31, 2000)

k9wernet said:


> Made the mistake of posting this in the Whitetails forum and it's running away... the name-calling is right around the corner! Anyway...
> 
> I'm just curious if there's any law that states you must have THE license you plan to use to tag a deer in your possession upon shooting it -- assuming you have A license to legally take that deer.
> 
> ...


Simple answer is, if they are caught they will get ticketed and lose the deer and the license they failed to tag it with. I have wrote a bunch of tickets for it over my career.


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## k9wernet (Oct 15, 2007)

So you need to tag the deer with a tag that you have in possession when the shot is taken?

Is that buried in the hunting guide somewhere? These are generally good, law-abiding guys, but definitely not the types to say, "Oh, you read it online somewhere? Then of course it must be true!"

KW


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## Blueump (Aug 20, 2005)

k9wernet said:


> So you need to tag the deer with a tag that you have in possession when the shot is taken?
> 
> Is that buried in the hunting guide somewhere? These are generally good, law-abiding guys, but definitely not the types to say, "Oh, you read it online somewhere? Then of course it must be true!"
> 
> KW


Maybe the answer to your question can be found here:

The Hunting Guide is exactly that...a *guide*. It is not inclusive of all the specific laws that regulate our sport. There are literally stacks and stacks of books that record all the laws making impractical to publish for everyone. Just like all laws - you are required to follow them - thus ignorance of the law is not an excuse.

The COs have been trained on the law. They know them, the judges know them. If Boehr says he's ticketed hunters for this action, then I would be willing to bet its illegal.

JMHO


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## k9wernet (Oct 15, 2007)

Blueump -- Was there supposed to be a link in that post? I didn't see one. Thanks.

KW


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## bigcountrysg (Oct 9, 2006)

You need to have the license prior to hunting.


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## k9wernet (Oct 15, 2007)

bigcountrysg said:


> You need to have the license prior to hunting.


It's a no-brainer that you need *A* legal tag to take a deer. All I'm asking is for someone to show me where it says you need to have *THE *legal tag you intend to use.

A cop can write me a ticket for going 65 in a 70. That doesn't make it against the law.

KW


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## tommytubular (Jan 25, 2002)

k9wernet said:


> It's a no-brainer that you need *A* legal tag to take a deer.
> 
> KW


You kind of answered your own question right there.

you have to have the tag to legally shoot the animal to begin with... why would you think it would legal to go buy a different tag to tag the deer? Show that to us in the hunting guide.

Bottom line... Boher said it was a ticketable offence. That's all I would need to know.


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## malainse (Sep 2, 2002)

Chapter IV -- Possession, Importation and Sale

4.1 Possession of animals; duty to retrieve game animals.

A person shall not kill or wound any game animal without making a reasonable attempt to retrieve the animal and include it in their daily limit. 
-------------
If you must include in your daily limit then you must have the given license on your possession at time of shooting. There something in black and white.


http://www.michigandnr.com/law/law_book/orders/Wcao.html


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## boehr (Jan 31, 2000)

This topic reminds me of another topic where a well know person no longer on this earth (won't mention the name) who made a big deal on TV that once you tagged a deer you killed you would be in violation because you would not have a unused license in possession while dragging your deer out. By the letter of the law that was true but nobody *ever* got a ticket for it including him, and the intent of the law always prevailed 

Courts also take into consideration of the intended meaning of a law. If the law, which it does, state that you must *tag your deer immediately after killing it*, there in no court in Michigan that would believe that means kill your deer and run to the store to buy another tag to tag it with.

Sometimes common sense needs to be used.

Anyone who wishes to do it that way is poaching and good luck to you because a hunter you may be but a sportsman you are not! 

You can look for loopholes all you want but you will still get convicted.


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