Liberty Belle
Well-known member
Exactly right.HAYMAKER:This thread aint about hunters,its about private property rights...........good luck.
For those of you in South Dakota, this article in today's Rapid City Journal tells of another 25,000 acres of land locked to hunting because of GF&P. The deer police seem to be on some sort of power trip and they are on a roll....
Rancher closes land over GF&P dispute
By Kevin Woster, Journal Staff Writer
A Haakon County rancher has closed the gate to hunting on his 25,000-acre ranch because his son was stopped and ticketed at a state Game, Fish & Parks Department road check.
Mark Foland, who ranches north of Midland, said his 19-year-old son, Fred, was unnecessarily fined $116 after being stopped by GF&P officers at an Oct. 2 game check west of Pierre. Fred Foland was traveling with two other college students back to South Dakota State University in Brookings. He and one of the other students were ticketed for transporting antelope meat without the head and hide or the proper GF&P license tag.
Foland admits that his son violated the transportation law. But he said it was an honest mistake, that the antelope was legally taken and that one of the conservation officers at the game check knew that.
"My son had been at the taxidermist in Philip with the antelope the night before and saw the game warden from Philip there," Mark Foland said. "I don't think it's ethical for somebody to know that a person has taken something legally and then fine him for doing it."
GF&P regional supervisor Mike Kintigh of Rapid City said he wouldn't argue whether or not the antelope had been legally taken. But Fred Foland and his friend were clearly transporting it illegally, Kintigh said.
"They had no heads, no hide, no tags and a pretty weak story as to where the antelope came from," Kintigh said. "They said they had left it at taxidermists but couldn't even give us the taxidermist's name. They had antelope and no evidence that they could legally possess them."
Kintigh said the normal charge for such a violation was a Class 1 misdemeanor, with a maximum penalty of one year in jail, a $1,000 fine and one-year suspension of hunting privileges. But because Philip conservation officer Todd Enders was at the scene and recognized Fred Foland as the person he saw at the taxidermist the day before, officers reduced the charges to a Class 2 misdemeanor.
That avoids the license suspension and has a maximum penalty of $200 and 30 days in jail, Kintigh said. It also allowed them to settle the case by sending in a bond payment of $116 rather than appearing in court, he said.
"They got a really big break. The penalties were reduced; they were allowed to pay through the mail, and there was no license suspension," Kintigh said.
Mark Folan said a real break would have been a warning. His son and his friends are young and didn't understand the transportation requirements, Foland said. Now, rather than learning a lesson, they are upset at the way they were treated, and GF&P has further damaged its image in the farm and ranch community, Foland said.
"These are young kids. They are our future. What did Game, Fish & Parks accomplish by this? They made those two kids mad," Foland said. "They've got no use for Game, Fish & Parks anymore."
Foland took out an advertisement in a series of weekly papers announcing the land closure and criticizing Enders and GF&P. GF&P responded with its own advertisement, defending the actions of Enders and the other officers.
Foland said his son deserves an apology from GF&P. He said Enders could have given his son a transportation permit to take the antelope meat without the tag, hide and head.
But Kintigh said Fred Foland never asked Enders for such a permit when they were together at the taxidermist's shop. The next day, Enders simply did his job, as did the other officers at the game check, Kintigh said.
"Is Mr. Foland asking us to read people's minds and anticipate what they're going to do and need? It's not possible," Kintigh said. "In the youth hunters safety course, they teach you that if you're going to transport big game, it needs to be tagged or you need a transportation permit."
Kintigh said it is always unfortunate when landowners deny people a chance to hunt. But the public probably won't lose that much hunting access in this instance, he said.
"My understanding is that he didn't allow much hunting prior to this anyway," Kintigh said.
Foland said he was selective about who hunted on his property but did allow hunting, at no charge.
"I had people in here hunting antelope the day before this," he said. "They won't do that again. They won't hunt anything else, either."
Contact Kevin Woster at 394-8413 or [email protected].
October 24, 2005
http://rapidcityjournal.com/articles/2005/10/24/news/local/news02.txt