Published by admin on 01 May 2012 at 11:13 pm
Ignorance of the Law is No Excuse
by Ted Nugent
Not a day goes by where an American outdoorsman doesn’t confide in me that due to the increasingly complex, illogical hunting and fishing regulations across the nation, that it would not surprise them that they have unintentionally violated a game law at some point in time. Other outdoorsmen routinely express their frustration about regulations that serve no purpose and cannot possibly be explained in terms of wildlife management.
America is increasingly drowning in just such strange, goofy regulations and requirements. As logic crusader John Stossel recently exposed, our federal government releases roughly 80,000 pages of new regulations each year–confusing, ambiguous, weird illogical regulations that serve no meaningful purpose other than to feebly attempt to justify bureaucracies already off the rails. It’s way past bizarre.
The “you don’t need to read it, you just need to sign it” health care bill argued before the Supreme Court was almost 2,000 pages long of extraordinarily complex rules and regulations. Sarcastically, Supreme Court Justice Scalia stated that reading the bill was a violation of the 8th Amendment’s cruel and unusual punishment clause.
Regrettably, state hunting regulations have also been ravaged by the over-regulation beast. In Alaska, the hunting regulation book is 128 pages long. The Alaska trapping regulation is 48 pages.
Alaska is not alone. Numerous other states have seen incredible expansion of their hunting regulations over the past few decades. In Texas, the summary of hunting and fishing regulations is 85 pages. The hunting regulations in California are roughly 140 pages long.
Even with an increasing mountain of often confusing and complex hunting and fishing regulations to abide by, sportsmen have a legal and ethical obligation to know and abide by these regulations, no matter how goofy they may be. I have said this for decades and will continue to do so as we fight to make them sensible.
I have hunted in Alaska for almost 40 years. It is a spectacular, beautiful place that offers incredible big and small game hunting cherished by sporters from around the globe.
In 2009, I returned again with my sons to Alaska to hunt black bear. What I was unaware of is that the specific region where I hunted had a new and unprecedented requirement that a bear hunting tag was considered to be “filled” even with a non-lethal hit on the animal. For sixty years, every “tag” regulation in every state and Canadian province has declared that you tag the animal upon taking possession of the animal.
The first arrow I shot on that hunt was obviously a non-lethal shot where the arrow literally glanced off the animal’s rib, as seen clearly on stop action video. The bear leapt, stopped, looked around, and slowly ambled off, confused but unhurt by the disruption. After diligent effort by my son and me, we were convinced that this bear was alive and well. We then continued our hunt and ultimately killed a beautiful black bear.
I filmed the entire hunt including the first non-lethal arrow and put it on my television program Spirit of the Wild on Outdoor Channel for tens of millions of viewers to witness. Airing the hunt on television proves beyond all doubt that I had no willful intention to violate any hunting regulation.
Was I negligent in not knowing the Alaska bear hunting rule for the specific region I hunted that year? Absolutely. For my negligence, I have been charged with a violation and I pled guilty. To the best of my knowledge, I am the only person ever charged with violating this new, unheard of law. Lifetime AK hunters, guides, outfitters, even the resident judge at my hearing were unaware of such an unprecedented regulation.
While I disagree with Alaska’s requirement that a tag is considered to be “filled” even on a non-lethal hit, that was the requirement at the time of my hunt. Had I known of that requirement, I would not have hunted that region because I fundamentally disagree with it, and I certainly would not have hunted another bear.
I have promoted the grand, honorable hunting lifestyle all of my life and will continue to do so. Hunting, fishing and trapping are the epitome of true conservation.
What I also pledge to American outdoorsmen is to work to repeal onerous, unscientific, counterproductive rules and regulations that make no sense such as the seven states where hunting is banned on Sunday, making 50% of the season illegal for the average hunting families in those states. Idiotic laws such as these are a hindrance to real conservation and the critical need for recruiting new hunters. Such arbitrary laws serve no scientific purpose that benefits the management of wildlife value whatsoever.
The outdoor lifestyle cannot be preserved for future generations of sportsmen by constructing such a labyrinth of confusing, unscientific and oftentimes counterproductive regulations and rules. Reversing this trend is my focus.
While I have never intentionally violated a hunting regulation, ignorance of the law is no excuse, and I am truly sorry, and have paid dearly. There is even less of an excuse for ignorant laws.
5 Responses to “Ignorance of the Law is No Excuse”
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45er on 03 May 2012 at 10:47 am #
Nugent is spot-on with his comments here. The federal and state bureaucracies have taken on self-serving, self-perpetuating “lives of their own” by promulgating regulation after regulation, many of which serve no useful function, yet create an ever-increasing “need” for more and more money for the agency to “enforce’ these valueless regulations.
Early in my career part of my job was to read the Federal Register every day looking for newly proposed regulations that would affect my industry. As you may know, if you don’t comment on them in their pre-promulgation stages, you lose the right to protest them later. You would not believe the volumes of pure garbage these agencies put forth every day!
Nugent is right in stating there is no excuse for ignorance of the law, but I contend it is almost, if not virtually impossible to be fully aware of the regulations that affect all of us.
EBK1 on 10 May 2012 at 11:10 am #
I could not agree more. The ridiculous regulations contained in some of our game laws are driving people away from hunting faster than anything else. I understand that game laws have to be in place to protect and preserve the sport that we all love and cherish, and I support this effort 100 percent. But the ridiculous, non scientific, self serving, and foolish regulations that are clogging our manuals today are absolutley insane. It is time we speak up for ourselves and voice our opinions. I understand that everyone will never agree on everything, but it is time to make our voices heard, and demand SENSIBLE, SCIENTIFIC, rules and regulations, that serve the purpose of managing, and improving our wildlife. Not serving a political, or personal purpose.
Straightshooter on 11 May 2012 at 8:10 am #
As always, great article. Nuge, thanks for your commitment and advocacy for the spirit of the hunt. I’m presently suffering through all 140 pages of the California hunting regs right now. I hate the thought that I’m spending precious heartbeats reading this drivel, instead of practicing my shot placement; but I know that I have a responsibility to understand and comply with these ridiculous rules if I am to remain ethical (Which is a small price to pay for maintaining my integrity). Ethics and a love for the hunt are the life blood and high ground that we hunters must consistently take. These regs are proof positive that our state DFG agencies have been infiltrated by mindless game management gurus that are advancing disturbing agendas. These mental giants have too many degrees in education, and too little common sense. Onward and upward…
Long live the hunt!
willphish4food on 12 May 2012 at 6:31 pm #
Due diligence before a hunt includes READING THE REGULATIONS! The law broken in this case is highlighted in yellow under the regs for black bear in the area the Nuge was hunting in. Its an area hit very hard by hunters, and in order to keep it an open hunt, rather than going to a draw only hunt, the Board of Game, as a result of a proposal submitted by area hunters, and based on comments by hunters in the area, instituted this regulation, for that particular game unit. If you draw blood, its assumed the animal may die because of your arrow or bullet, so your hunt is over. Ted is spot on about over regulation dragging down our society, but its not an excuse for failure to read the regulations regarding his hunt, perhaps call the local Fish and Game office for information on any new or unusual laws, and then hunt in accordance with them.
As to the sentence he received, it came from the Feds and not the state of AK. He violated the law in their little fiefdom, and paid very heavily for it. Had state courts pursued it, considering the nature of the offense and the lack of intent to violate, Nuge likely would have been fined $500 instead of $10,000.
The state of Alaska does have a large regulation book. But when you look at regulations for each area, there’s only a few pages in each. There’s nearly 30 game management units in Alaska, which is fitting for a state nearly half the size of the contiguous 48 states.. Paste all the game regulations together from any 15-20 states, and you’d likely end up with a lot more regulation than what Alaska has.
dougedwards on 24 Jun 2012 at 5:21 pm #
Ted saw it necessary to issue a negative comment on the ban that several states employ on hunting on Sunday, but I wonder if he is considering the invasive nature of hunting deer with hounds. In my home state of Virginia, dogs get hit by cars on the freeways and rural roads as they follow their noses on the hot trail of whitetails. Dogs are commonly unleashed on posted properties as hunters wait on the perimeters in anticipation of a shooting opportunity on escaping deer. Pick up trucks routinely pull to the side of roads and highways as they listen for the crooning of the hound dogs as they alert their comrades of a hot scent.
This parading madness permeates the very fabric of rural life for sure, but as hunting property becomes more and more scarce in the state, even the urban communities experience this unyielding irritation. And yes, the case for the rights of citizens to hunt on Sunday has already been addressed by the state’s highest courts and it was ruled that even the animals have a right to a day of rest and Sunday was as good a day as any.
Of course the truth is that nobody is really all that concerned for the animals right to peace and privacy including state judges. The real reason for the upholding of this archaic and seemingly unnecessary law is that the general public requires some relief from the six consecutive week assault on the lifestyles of the non hunting society.
You may be wondering why would all hunters have to suffer for the inconsideration of just a percentage of hunters in the state? The reason lies in the fact that in some areas of the country old traditions die hard. Thus, those folks who only have opportunity to hunt on the first day of the week are forced to rest with the animals.
My question is…….why don’t those such as Ted Nugent and others make comment on the real reason that hunting is restricted on Sunday in some states? Do they really think that it is totally for religious reasons? really?? Not in this state. If you can’t recite the Lord’s prayer at government functions including public school activities do you really think that it is the state legislature’s ambition is to force folks to go to church on Sunday?
Come on Ted. Get real.
Doug