Letter From Randy Doman, Chief of Enforcement, Missouri Department of Conservation…

 

Letter From Randy Doman, Chief of Enforcement, Missouri Department of Conservation… 

 

“Mr. Dablemont, 

         

         In a previous correspondence, you mentioned a desire to provide information that sportsmen should know to avoid problems with MDC enforcement.  I appreciate your efforts to educate sportsmen and women on hunting and fishing regulations, even those rules you may not agree with.  Avoiding problems with MDC enforcement is not difficult.”

1.   Obtain the proper permit prior to your hunt and have it with you while hunting.  Acquiring a deer permit after the harvest and then checking your animal on that permit is illegal.

2.   Immediately after harvesting a deer, hunters must notch their permit. (Select date taken on permit).

3.   Hunters must Telecheck their deer by 10 p.m. on the day of harvest, before processing the game, or before leaving the state whichever comes first.

4.   As long as a hunter stays with their harvested game, they do not need to attach the tag to it.  But if they leave their deer or turkey, they must attach a tag.

         

         The 4th Amendment protections against unreasonable search and seizure apply to conservation agents just the same as they do for state troopers, sheriff’s deputies, city police, etc.  The Open Fields Doctrine provides that open fields do not carry the same expectation of privacy as an occupied dwelling or curtilage.  Pending exigent circumstances, conservation agents may not search a closed barn or shed without consent or a warrant.  Conservation agents MAY NOT force their way into a home without a search warrant or consent based on seeing a mounted deer head on the wall.”  

 

         Regarding the enforcement of baiting laws, citations are warranted when hunters are found physically within or immediately adjacent to baited areas. When hunters are found outside of sight of the baited area or out of range for killing an animal standing in the baited area, no ticket should be issued unless other evidence is present to indicate the hunter knew or reasonably should have known the area was baited and is hunting there because of the bait; Conservation agents may instruct hunters in the immediate surrounding area of the bait that further hunting in that area is prohibited until ten (10) days following complete removal of the bait. Agents are instructed not close entire farms or large areas of land simply because bait was found at a particular location. Likewise, adjoining property owners should not be considered in violation unless they were aware of the bait and were using it as an attraction to deer or turkeys for hunting.”

 

 Regarding your concerns about conservation agents conducting Telecheck investigations, Conservation agents must abide by the same 4^th Amendment protections as any other law enforcement officer.  Conservation agents often follow up on deer Telechecks as their schedules allow.  With the discontinuation of wildlife check-in stations in 2005, these Telecheck investigations have become an expectation and a valuable tool for conservation agents; not only to increase compliance with the Wildlife Code, but to ensure the integrity of the self-reported harvest data.