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GF&P pulls plug on Adam Vinatieri's resident hunter stat

Liberty Belle

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Joined
Feb 10, 2005
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Location
northwestern South Dakota
I guess Vinatieri isn't as important as Daschle aide, Eric Washburn, huh? How many of you know about GF&P Sec. Cooper and Washburn breaking the law and getting away with it on this same issue?

GF&P pulls plug on Vinatieri's resident hunter status
By Kevin Woster, Journal staff


Super Bowl champion Adam Vinatieri has a house, a driver's license, a licensed vehicle and his voter registration in South Dakota, but the state Game, Fish & Parks Department says he can't have a resident hunting license.

GF&P officials announced Wednesday that Vinatieri may not continue to buy resident pheasant-hunting licenses, as he has done in the past. Nor may he continue to apply for preference points that increase his chances of receiving a license in big-game-hunting seasons that are open to South Dakota residents only.

After months of discussion and negotiations, lawyers for GF&P and Vinatieri have reached a settlement that will not include criminal charges against the 34-year-old graduate of Rapid City Central High School. Instead, Vinatieri has agreed to forfeit all of the preference points he has accrued in past big-game license drawings and obtain non-resident licenses to fish and hunt in the state.

GF&P spokesman Emmett Keyser of Pierre said Vinatieri's doesn't qualify for resident-hunter status because he doesn't actually live in the state. But the Rapid City native's situation creates is unusual because he clearly meets most of the legal criteria for residency. And even his status regarding the main residency requirement is unclear, Keyser said.

"The one key criterion in the law is whether he has lived in the state for 90 days before making a license application," Keyser said. "Well, he met the 90 days by the fact that he was previously a resident. That's kind of the pickle were in."

That first residency requirement, as written in the GF&P hunting handbook, says a person must "actually live within or be a bona fide South Dakota Resident for 90 days with the intent to make it home."

Others require a South Dakota driver's license or expiration-dated ID, motor-vehicles registration in the state and make no claim of residency in other states. Vinatieri clearly meets those requirement, Keyser said.

Keyser said Vinatieri had taken a number of steps to maintain his resident status and considers himself to be a South Dakota resident. He licenses vehicles in Pennington County and has a valid South Dakota driver's license. He also is registered to vote in Pennington County, using his parent's address in Rapid City, where still receives mail there.

Vinatieri also owns a house south of Rapid City that is typically rented out.

Because of the Vinatieri case, it is likely that that the residency statutes will be clarified to include reference to maintaining a "domicile" or being "domiciled" in a state.

"We're going to be looking at those statutes there in the next couple of months, and hopefully will make some clarifications to that residency issue," Keyser said.

GF&P records indicate that Vinatieri bought a resident small-game hunting license in 1999, 2000, 2001, 2002 and 2004.He also applied as a resident in 2005 and 2006 for preference points for seasons on Black Hills bighorn sheep, mountain goat, elk, prairie elk, Custer State Park antlerless elk and Custer State Park firearm elk.

In applying for and buying hunting licenses, Vinatieri used his parents' address in Rapid City. Although Vinatieri is a regular visitor to the city, he doesn't live here. He owns property in several states, including homes in Florida and Indiana.

Family and friends say Vinatieri, an avid outdoorsman, intends to return to South Dakota after his NFL career.

It is illegal to make "false representations on application." And applicants for licenses are required to provide an address that represents their "places of residence."

License application fraud can lead to penalties of up to a year in jail and a $1,000 fine.

Keyser said there was no indication that Vinatieri was intent on breaking the law. Beyond that, it wasn't completely clear whether he did, Keyser said.

"It's kind of an odd situation," he said

Rapid City lawyer Curt Jensen represented Vinatieri in negotiations with GF&P. Jensen declined comment this morning.

Contact Kevin Woster at 394-8413 or [email protected].
May 9, 2007

http://www.rapidcityjournal.com/articles/2007/05/09/news/top/news00d_viniatieri_ruled_nonresident.txt
 
As I read that post , I thought of all the Pipeline, Construction hands and others that travel with their jobs, and no one ever questions their status of residence, even when they live in an area, for several years!
As long as a person has "one" home state, and one dirvers license, and meets the requriments of "car tags" and "votes" and pays taxes...it looks like he (who ever he or she is) would have a right to decide what state he lives in?
This country is full of people that have to be gone more than they are at home, in order to make a living. Truck drivers, Tug boat , river boat workers, Off Shore oil workers...Pipeline hands, construction workers, most are away more than they are home. Does the FG&P take their hunting privilages away?
I would have to look at the situation this way. If it was a "crime" to be a resident of SD, is there enough evidence to convict Vinatieri of being a resident? (I think he would be in jail before dark!) If the GF&P had that much evidence that Vinatieri had commited a game violation, would he be arrested?
I have been to SD, and I like the state very well, but if an avid hunter was going to "FAKE" a residence for the hunting and fishing oppertunities, is there not other states that offer more, with less restrictions, and hassels than SD?
I am not saying that Arkansas has a better GF&P by any means. Our Game and Fish Commission in Arkansas got out of hand years ago, and gets worse all time! There are many, many fine people that work for the Game and Fish, but the Commission, the regulating body, Is way out of hand! They only answer to the Governer. The "people" have little or no say in anything the Game and Fish commission does. That needs to be fixed here in Arkansas and it sounds like it needs to be fixed in SD also!
Ross
 
heres the scoop. The guy is not a resident of SD. He was originally from SD. thats it. so he owns property....big deal. So does ted turner. Where this would becoume a problem is with those who buy land here just for hunting and all ranchers and farmers will tell you that land is skyrocketing all because some come from out of the woodwork with open checkbooks and buy land for hunting. Adam says he dont live here. He rents out a house and uses his folks address for tax purposes. He lives in FL and IN.

Its a crock of crap what cooper did before also LB. I have 10 years preference for alot of those licenses that are for resident only. No one else should be given a free ride if they dont live here. Go to colorado and hunt elk if you want, but what cooper did was wrong back then LB. I agree!
 
Adam isnt a resident and should not have the priveladges that we residents have when it comes to hunting and fishing.
Cooper didnt create the tag for Washburn to go hunting Gov.Janklow did, Coop just took him hunting. Isnt it time to let Coop off the hook? He was a great leader of GF&P.
 
publichunter: Adam isnt a resident and should not have the priveladges that we residents have when it comes to hunting and fishing.
Cooper didnt create the tag for Washburn to go hunting Gov.Janklow did, Coop just took him hunting. Isnt it time to let Coop off the hook? He was a great leader of GF&P.
Yeah, and Mr. Cooper walks on water too, doesn't he? At least you some of you guys working for GF&P seem to think so.

Cooper may not have "created" the tag that Washburn used, but, as the highest placed law enforcement officer in Game Fish and Parks, he knew better than anyone else that what he and his friend Eric Washburn were doing was not only illegal, but also very wrong!!!

As an aide to liberal Democrat Senator Tom Daschle, Eric Washburn lived in Washington, DC, and had absolutely NO justification to be hunting using a South Dakota resident license. He didn't own a home here, he wasn't lisenced to drive in South Dakota, and he didn't pay taxes in South Dakota or live here. Washburn's close friend, GF&P Sec. John Cooper, was well aware that what he and Washburn were doing was against the law.

If you can't trust a man to do the right thing when it involves his friends, how can you trust him with anything? They are both criminals and should have been held accountable for their actions instead of being elevated to sainthood. If nothing else, Cooper should have been fired instead of being allowed to retire with full benefits!!
 
License application fraud can lead to penalties of up to a year in jail and a $1000 dollar fine.

If I remember right that was the same penalty those two South Dakota college kids faced when they were transporting legal antelope meat to college without a transport permit.

They had a legal license to hunt the antelope.

They truly resided in South Dakota.

They had a South Dakota driver's license.

Probably a vehicle registered in the state.

The application they filled out was true and accurate.

When they stopped at the game check and were asked if they had wild meat, they were evidently honest. I am sure if they hadn't been honest, GF&P would not have reduced the fine.

The biggest difference was; they weren't a big name football player, an aid to a high powered congress person, or a Sec. of a state agency.

" Keyser said there was no indication that Vinatieri was intent on breaking the law. Beyond that, it wasn't completely clear whether he did, Keyser said."
I don't believe these two college kids were intent on breaking the law although it was clear they had.

I also believe it would have been quite clear Vinateiri had broken the law had he not been a person of notoriety.

GF&P could have and dropped all charges on these college kids.

Ignorance of the law is no excuse, or is it!!!!!!!!!!!!

I guess if the law, rules and regulations don't apply to those made of finer clay, it should be stipulated in the handbook.

If Vinateiri only has a SD driver's license, driving a vehicle with SD license plates in Florida, I would be surprised. I would assume if Vinateiri is driving a vehicle licensed in SD it would be insured in SD and would question the legality, as Florida, I would assume would be a higher risk state.

It is possible that Vinateiri doesn't drive in Florida.


publichunter: Adam isnt a resident and should not have the priveladges that we residents have when it comes to hunting and fishing.
Cooper didnt create the tag for Washburn to go hunting Gov.Janklow did, Coop just took him hunting. Isnt it time to let Coop off the hook? He was a great leader of GF&P.

Cooper was the Secretary of GF&P (he knew the law, the rules, regulations and policy for elk hunting in SD) he had a choice to create the tag or not and he chose to do it.

Governor Janklow may have asked Cooper to give Washburn a tag, but ultimately it was Cooper who willingly made the choice (knowing right from wrong) to grant Janklow his wish.

If Cooper truly believed it was above board, the tag would have been sent to Washburn in Washington D.C., but it wasn't it was sent to Cooper's personal address.

As far as I know the laws are for all?

Some say we all have a price (can be bought); I guess Cooper's price was an illegal elk tag sent to his address.

Do I believe that everything Cooper did, while he was Secretary, was wrong? No

Do I believe everything Cooper did that was good for SD should be negated because of a bad choice? No

I try not to speed but if I am caught I have to pay for my mistake.

Even if a Governor told me to drive fast, I have a choice to speed or not to speed. If caught it would be me who broke the law not the Governor.
 
SJ said:
License application fraud can lead to penalties of up to a year in jail and a $1000 dollar fine.

If I remember right that was the same penalty those two South Dakota college kids faced when they were transporting legal antelope meat to college without a transport permit.

They had a legal license to hunt the antelope.

They truly resided in South Dakota.

They had a South Dakota driver's license.

Probably a vehicle registered in the state.

The application they filled out was true and accurate.

When they stopped at the game check and were asked if they had wild meat, they were evidently honest. I am sure if they hadn't been honest, GF&P would not have reduced the fine.

The biggest difference was; they weren't a big name football player, an aid to a high powered congress person, or a Sec. of a state agency.

" Keyser said there was no indication that Vinatieri was intent on breaking the law. Beyond that, it wasn't completely clear whether he did, Keyser said."
I don't believe these two college kids were intent on breaking the law although it was clear they had.

I also believe it would have been quite clear Vinateiri had broken the law had he not been a person of notoriety.

GF&P could have and dropped all charges on these college kids.

Ignorance of the law is no excuse, or is it!!!!!!!!!!!!

I guess if the law, rules and regulations don't apply to those made of finer clay, it should be stipulated in the handbook.

If Vinateiri only has a SD driver's license, driving a vehicle with SD license plates in Florida, I would be surprised. I would assume if Vinateiri is driving a vehicle licensed in SD it would be insured in SD and would question the legality, as Florida, I would assume would be a higher risk state.

It is possible that Vinateiri doesn't drive in Florida.


publichunter: Adam isnt a resident and should not have the priveladges that we residents have when it comes to hunting and fishing.
Cooper didnt create the tag for Washburn to go hunting Gov.Janklow did, Coop just took him hunting. Isnt it time to let Coop off the hook? He was a great leader of GF&P.

Cooper was the Secretary of GF&P (he knew the law, the rules, regulations and policy for elk hunting in SD) he had a choice to create the tag or not and he chose to do it.

Governor Janklow may have asked Cooper to give Washburn a tag, but ultimately it was Cooper who willingly made the choice (knowing right from wrong) to grant Janklow his wish.

If Cooper truly believed it was above board, the tag would have been sent to Washburn in Washington D.C., but it wasn't it was sent to Cooper's personal address.

As far as I know the laws are for all?

Some say we all have a price (can be bought); I guess Cooper's price was an illegal elk tag sent to his address.

Do I believe that everything Cooper did, while he was Secretary, was wrong? No

Do I believe everything Cooper did that was good for SD should be negated because of a bad choice? No

I try not to speed but if I am caught I have to pay for my mistake.

Even if a Governor told me to drive fast, I have a choice to speed or not to speed. If caught it would be me who broke the law not the Governor.

Don't get your panties in a bunch so much. :shock: You have to give some credit to Vinateiri for coroperating with GF&P the way he did. And he had the gull to ask if it was legal to do what he was doing. It's not like he got an elk tag and shot it before he asked some one. He was merely appling for perference points so when he did move back to SD he had a better chance of drawing a tag.

I agree with what the state decided on, but I don't agree with how you are blaming Vinateiri for what he was doing.

And Besides, if you follow LB's rules, his dad should be able to BUY a tag and TRANSFER it anyways!!! :D
 
Pjoe--Don't get your panties in a bunch so much. You have to give some credit to Vinateiri for coroperating with GF&P the way he did. And he had the gull to ask if it was legal to do what he was doing. It's not like he got an elk tag and shot it before he asked some one. He was merely appling for perference points so when he did move back to SD he had a better chance of drawing a tag.


Where did I say he wasn't cooperative? I think I would be cooperative after the fact if I was facing charges. He had been purchasing resident pheasant hunting licenses(and hunted) in the past without asking if what he was doing was legal. Maybe all non-residents should apply for an elk hunting license in case they move here and they would have preference points and there chance of being drawn would be greater. In fact I am surprised GF&P hasn't allowed that, in that it would be a little added revenue, with very little risk of all of them moving to SD.

Pjoe--I agree with what the state decided on, but I don't agree with how you are blaming Vinateiri for what he was doing.


If you believe Vinateiri was ignorant of the law that's fine. If you believe ignorance of the law should be his defense, so be it. I was just stating the facts as I see them, but as long as you brought it up, who should be to blame? Maybe me, I should have called him, maybe GF&P should have called him and explained the rules, regulations and law, maybe GF&P should call everyone personally and read the laws, rules and regulation to them. Maybe first time offenders should all be able to use "ignorance of the law" as a defense.


Pjoe--And Besides, if you follow LB's rules, his dad should be able to BUY a tag and TRANSFER it anyways!!!

The elk tag is for SD resident's period. Until that is changed it cannot be a transferred to a non-resident. . If transferable licenses were permitted I guess they could transfer it to a resident. That's not a bad idea. As it stands right now no license can be transferred, except, for the elk tag the SD chapter of the Rocky Mt. Elk Foundation receives to raffle off. If LB's rules were effective in South Dakota and transferable licenses were permitted your statement would be true.

I don't know Vinatieri. I also don't know the two college kids.

If you believe Vinatieri should be given credit for cooperating, those two college kids should have been given the same credit.
 
You keep calling them college kids, as much as you and Liberty are waving their flag you should be calling them poor old ranch kids.... then we could all feel sorry for them.....after all it was just ignorance of the law.....
 
SJ said:
Where did I say he wasn't cooperative? I think I would be cooperative after the fact if I was facing charges. He had been purchasing resident pheasant hunting licenses(and hunted) in the past without asking if what he was doing was legal. Maybe all non-residents should apply for an elk hunting license in case they move here and they would have preference points and there chance of being drawn would be greater. In fact I am surprised GF&P hasn't allowed that, in that it would be a little added revenue, with very little risk of all of them moving to SD.

If you believe Vinateiri was ignorant of the law that's fine. If you believe ignorance of the law should be his defense, so be it. I was just stating the facts as I see them, but as long as you brought it up, who should be to blame? Maybe me, I should have called him, maybe GF&P should have called him and explained the rules, regulations and law, maybe GF&P should call everyone personally and read the laws, rules and regulation to them. Maybe first time offenders should all be able to use "ignorance of the law" as a defense.

The elk tag is for SD resident's period. Until that is changed it cannot be a transferred to a non-resident. . If transferable licenses were permitted I guess they could transfer it to a resident. That's not a bad idea. As it stands right now no license can be transferred, except, for the elk tag the SD chapter of the Rocky Mt. Elk Foundation receives to raffle off. If LB's rules were effective in South Dakota and transferable licenses were permitted your statement would be true.

I don't know Vinatieri. I also don't know the two college kids.

If you believe Vinatieri should be given credit for cooperating, those two college kids should have been given the same credit.

Whoa, don't get so denfensive so quick. :D

What I was trying to get at is that you really can't compare Vinatieri's situation to the one between Cooper and his friend. Vinatieri didn't draw a license. Wasn't this the 1st time he tried applying for a preference point? And at least Vinatieri does own a house and pay taxes in this state compared to Cooper's friend. If Vinatieri does live here a third of the year, then I believe he would qualify for resident licenses. I would bet he probably does have a SD diver's license. He might have other's as well too.

I agree that Vinatieri or any non resident should not be able to apply for any resident or perference points. I just don't agree with how you are smeering Vinatieri. I see his side too. If I was in his postion, I would have probably done the same thing.

Are you not being somewhat hypocritical on complaining about his "ignorance of the law" and then turn around and critize the state for picking on your poor ole college kids????? According to your statements they should have known they needed a transport permit.

I get a kick out of you and LB. You want to be left to do things the way you see fit, sometimes without regard to the law, but when some one other than a RANCHER wants to do it that way, you complain and campaign against it.
 
I didn't realize it was a defensive post. I think if you reread the first post on this thread most of your questions will be answered. I am not against those who pay taxes being eligible for resident licenses.

I see Vinateiri's side also, just as I see my neighbor's side who has a ranch and resides in North Dakota and spends probably more than a third of his time in South Dakota and cannot apply for a resident license. If you were to check I am sure you would find several property owners who have property in two states.

If it wasn't ignorance of the law are you saying he knew what he was doing.

When have I had no regard for the law and which law?

If you believe the college kids ignorance of the law wasn't a defense and it was right to charge them, thats fine. If you believe Vinatieri's ignorance of the law was a defense, and reason enough not to charge him thats fine also.
 
P Joe: I get a kick out of you and LB. You want to be left to do things the way you see fit, sometimes without regard to the law, but when some one other than a RANCHER wants to do it that way, you complain and campaign against it.
Come on, P Joe! I posted the article BECAUSE I thought Vinatieri was getting a raw deal. I wasn't complaining or campaigning against him. I am on Vinatieri's side, for pete's sake! He grew up in South Dakota, owns a house here, pays taxes here, has a South Dakota drivers license, and his family lives here. Sure sounds like a resident to me!

I do think that GF&P should be consistent with their enforcement of the law. As I understand the law, Adam fulfills the residency requirements. Eric Washburn absolutely did not and Cooper knew that he didn't, which was my point in posting this article. Both Cooper and Washburn knew they were breaking the law and I think they should have been held accountable, don't you?
 
SJ said:
I didn't realize it was a defensive post. I think if you reread the first post on this thread most of your questions will be answered. I am not against those who pay taxes being eligible for resident licenses.

I see Vinateiri's side also, just as I see my neighbor's side who has a ranch and resides in North Dakota and spends probably more than a third of his time in South Dakota and cannot apply for a resident license. If you were to check I am sure you would find several property owners who have property in two states.

If it wasn't ignorance of the law are you saying he knew what he was doing.

When have I had no regard for the law and which law?

If you believe the college kids ignorance of the law wasn't a defense and it was right to charge them, thats fine. If you believe Vinatieri's ignorance of the law was a defense, and reason enough not to charge him thats fine also.

I think Vinatieri paid his due. He never received a license. He had to forfeit the perference points he accumulated and I don't think GF&P gave any of his money back.

The kids, well that was a raw deal, and I think they just got caught in the middle of things. I am not sure what the judge gave them for a sentence, but I hope it reflected the facts of the case.

I don't consider Vinatieri a resident of this state for the simple fact that he doesn't live here half of the year, or probably even a 3rd for that matter. Nor does he own\operate 160 acres of land. He shouldn't be able to apply for resident licenses.

With your friends in ND, can they apply for a landowner only license? I would think they should qualify for that. The only stipulations on those licenses are you must own and operate 160 acres of land in the unit you are applying under and the animal must be shot on land that is owned or leased by you. I don't think you have to be a resident. I could be wrong, but something to check into.
 
I am sure the kids did not recieve any sentence just a fine. As far as my neighbor I am almost certain he would not qualify, but will check on it. I am pretty sure you have to be a resident.
 
Liberty Belle said:
Come on, P Joe! I posted the article BECAUSE I thought Vinatieri was getting a raw deal. I wasn't complaining or campaigning against him. I am on Vinatieri's side, for pete's sake! He grew up in South Dakota, owns a house here, pays taxes here, has a South Dakota drivers license, and his family lives here. Sure sounds like a resident to me!

I do think that GF&P should be consistent with their enforcement of the law. As I understand the law, Adam fulfills the residency requirements. Eric Washburn absolutely did not and Cooper knew that he didn't, which was my point in posting this article. Both Cooper and Washburn knew they were breaking the law and I think they should have been held accountable, don't you?

Sorry, can't read minds. You never really said what you felt so all I could do was assume.

I don't think Vinatieri qualifies as a resident, but I do not blame him for doing what he did. If anything, this helped GF&P out, because they clarified what a resident is. I think he got a fair deal. They never fined him or anything. He may own a house and pay the same taxes as I do, but I'm sorry. If you do not live here, you do not count. Unless you do own your 160 acres, then landowner only tags come into play.

I do think Cooper, Washburn, and Janklow, should have been held accountable. Wasn't it Janklow that made the tag available to them in the 1st place? I find it hard to fault Cooper as mush as you do when Janklow was probably the one that told him to do it.
 

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