Opinions

So I just got ticketed by the warden for having my traps in a dangerous location. He walks his dog on the public land I trap and his dog stepped on my trap. Luckily, I was walking in to check them when he was coming out and talked to him. All my traps were a foot or more in the brush off of tractor paths cut around the fields. He said that was too close to where people or dogs could step on them. I asked where I should put them and was told the woods..? I explained to him that I had waited till after dog season to avoid this issue and he said people (him) walk dogs year round and it's public land. I asked to see the law because online it doesn't state where you should place them. He showed me the VA code and I conceded, but it's left open to his interpretation of where is dangerous. So when I place them in the woods and his dog steps on them is he just going to ignore it and walk away, unlikely. Seems like a losing battle for me and has pretty much turned me off from Trapping, at least for the rest of the year!

Go to court and see if the judge agrees

Can you afford a lawyer ?

Is it just his opinion that they were to close to a path, or is there a law? Wardens should ticket based on law, not opinion.

What a Farce!!!!

The warden should know better!!!!!!!

was his dog on the required leash? if a leash is required.

Ya'll folks have problems up there in Virginia that never ends !

What type of public land is this? All public land is not the same. In order to give you any useful advice this question needs to be answered.

His opinion is not the law the law should be the only factor to issue a ticket look up the violation code and see what it says.

Yep , he is definitely not on the side of the trapper. He of all people should understand the trappers role in effective wildlife management .

Without knowing the regulations, all we can do is speculate. But with our regulations here in Ohio, setting a trap within a foot of a public trail commonly used by people walking their dogs would get you a ticket as well.

Fight it if you can

Same here if it's a marked and or mapped public trail ....gotta be 50 ft from

This is the best advice posted so far. Without knowing the text of the law you supposedly violated, it's impossible to tell if your actions actually violated it.

Keith

Ok to answer some questions, it was on a WMA (wildlife management area) not a state park. There's no leash law, and there's no defined walking path just tractor paths through a pine thicket and around the plowed field. The code section reads like this.To set a trap where it would be likely to injure persons, dogs, stock, or fowl.

"To set a trap where it would be likely to injure persons, dogs, stock, or fowl."

What a stupid code. Entirely too much gray area. Somebody's dog could wander anywhere.

You have as much of a right to be there as he does.

Wisconsin Same- • set, place or check traps located within 100 yards of designated trails or designated
use areas such as picnic areas, campgrounds and beaches or in any area in the park
closed to trapping indicated on that park’s trapping area map; or

There is a leash law for Wildlife Management Areas in Virginia after season closes.

"Dogs
It is lawful to chase with dogs or train dogs on Department-owned lands only during authorized hunting, chase, or training seasons that specifically permit these activities.
Dogs must be leashed at all times outside of open hunting, chase, or training seasons."

http://www.eregulations.com/virginia/hunting/wildlife-management-area-general-rules-regulations/

If the area is not commonly used, I would argue the ticket. If it is commonly used, I would pay it.

1 foot off a path is still within easy range of a leashed dog.

Keith

Without a set measurement it’s all about opinion the CO writing a ticket he has any involvement in is just dumb to many personal issues and open to abuse of power it being his own dog.

Think I’ll just stick to private land trapping.
I believe we can trap our WMA’s with written consent but they put up signs about traps in the area, etc. I’m not big enough to trap these places yet, they’d probably laugh at my 3 dozen traps. Might look into it though just for clarification purposes.
I’m your case, grey areas normally win in court it seems. Then again, it depends if the judge has ever got a ticket from the GW as well, lol.

Thanks for the find on the leash law. Rabbit season is still in but he obviously wasn't there doing that. I wonder if applies to hunting dogs only

It doesn't sound like you had read the trapping regulations prior to when the warden showed you the code. If you had, do you think you would have still set traps where you did?

The regulations posted on the state game website never stated anything about trap placement. I read what was online top to bottom. Just like criminal and traffic laws in this state 90% of all code is not readily available to non LE.

Fight it, that's a clear conflict of interest.

if that is the case and they have online regs print them all and take them to court

if you had no way of knowing the law because it is somehow a secret or kept form you then you have a case

Man, and I thought NY was bad, looks like VA wants to take over the top spot on liberal lunacy.

I'd fight it.

"Abuse of power" impeach him. Actually based on the law as written it is within his authority to write the ticket.

It would be interesting to know why he was there. Does he live nearby. Was he on duty and the state pays him to walk his dog? Or maybe more likely someone tipped him off that you were trapping in there and you became the trappee instead of the trapper. Maybe used the dog to find your trap. How long had you been set up there, caught anything yet, any fired traps, maybe caught someone elses pet? If you have money and time you might see what a judge has to say. Otherwise lick your wounds and payup and maybe have the satisfaction you are helping your state meet its payroll and pensions. Did he give you a break and could he have fined you for more.

You need to contact your DNR responsible for the management of the particular WMA Immediately. You were engaged in a Wildlife Related Activity on a WMA which receives Wildlife Restoration Funds (Pitman Robertson). Your activity is absolutely covered as a primary use on a WMA. Walking a dog, whether leased or not, it is referred to as a Non-wildlife depended activity, which never takes precedent over a Wildlife Related Activity. Doing so can be considered a divergence of funds and your State could be jeopardizing Federal Funding.

Like I said, you need to contact the Wildlife Manager for the Region of that particular WMA and explain the situation.

NOT on a WMA...Designating a public foot on a WMA would be considered a divergence of federal funds and would jeopardize PR funding for your State...

Never said he could not right a ticket I said it’s not a smart thing to do big difference.

He was in duty I assume since he was in uniform and vehicle it's the second time I've ran into him there and he was walking his dog which I assume is LE I don't know about GW K9's. I will contact my DNR because I did see where WMA are restricted to fish or game licensed people and hunting takes precedence

\\

Actually Canebrake, He has MORE of a right to be there....

When you contact him or her use the terminology that I used in the above post. You were engaged in trapping in a WMA - A Wildlife Depended Activity and the Officer was walking his dog - a Non wildlife dependent activity. I expect your Wildlife Manager will be unhappy about the warden issuing a BS ticket and will help you resolve the issue, but if not, tell him or her you will be contacting the Chief of the Wildlife and Sport Fish Restoration Program at the U.S. Fish and Wildlife Service...

I will type this slow for you, had he written a ticket out of anger or misrepresented the PC to base the ticket on because it was his dog that would be a abuse of power issue.

I'm watching an impeachment trial alleging abuse of power. I find your opinion and Schiff's to be equal in value.

Here

I was told most of this type of stuff is up to interpretation of the officer involved.

Crazy!

Good luck

BINGO!

Jim

Is there any place on earth including private, posted land where we trappers can set traps

and not have worry about trespassing people and their unleashed, not under control dogs

stepping in them and we're once again the bad guys ?

If there is, I have not found it yet.

Part of the reason I hung up my 500+ 1.5 coil springs and gave up fox trapping.

w

Is there any place on earth including private, posted land where we trappers can set traps

and not have worry about trespassing people and their unleashed, not under control dogs

stepping in them and we're once again the bad guys ?

If there is, I have not found it yet.

Part of the reason I hung up my 500+ 1.5 coil springs and gave up fox trapping.

w

quitter...….lol

You can beat it in court if you hire a lawyer. Virginia laws a re written so vague that they don't hold up in court if you have a lawyer. Other than that you are screwed.
Maybe its just me, but I would never even think of trapping on a WMA in Virginia. Too many yay hoos running all over them, and Game wardens spend a lot of their idle time there looking for trouble.

Was his dog injured?

Guy thanks for the support advice and comments! It is a prepayable offense so I'm not paying for a lawyer. I will try my best to fight it in court just out of principle. I quit hunting years ago and found trapping as a new outlet. To have to live in fear that if someone finds my trap I will be in legal trouble is ridiculous. The info on WMA I believe will help a lot in court and I'll keep you guys updated it's March 9th

Typical Mr. Greenjeans BS.

gettem

Again, contact the Wildlife Manager for the Region of that particular WMA and explain that you were engaged in a Wildlife Dependent Activity. The warden was walking his dog - a non-wildlife dependent activity and chose to ticket you. The Wildlife Regional Manager should contact the warden and school him on uses on WMAs. Request that he does this for you.

A local judge is NOT going to know the uses specified by the US Fish and Wildlife Service for WMAs receiving Federal Funds.

Call that Regional Wildlife Manager TODAY!!!

I would^^^

Everyone on this site probably has a Good experience, where you treated like a customer and a Bad experience where you're treated like a criminal. The best advice I could give is- don't let it discourage you from enjoying what you love doing.

Ok so update! I went to court Monday for the ticket along with the pet laws on the hunting land and some pics of the location and my trap. The Judge dismissed the charge and said it was not in a likely area to be a danger to animals or humans being it was a half mile or more from the parking area. The down side was then looked at me and said I guess you'll think twice before putting your traps there again?? I told him I have given up trapping with foothold traps because of this and it had left a bad taste in my mouth. The Warden was nice and was accurate in relaying info about the incident. He did how ever tick me off when he told the judge my traps weren't placed anywhere near where I'd hope to catch a animal, that they were just placed all over. So for all you guys trapping near fields you must be doing it wrong. According to the Va state game wardens you trap in the woods and woods only! SMH...just glad it's over.

Good for you for standing your ground.

That's how it is here. I caught a dog once and the owner pulled 3 traps in the area. Brought them to the warden and threw them on the desk and complained that "someone" had set these on the outskirts of town. The warden asked if the dog was on a leash which it wasn't. the warden then asked if the dog owner had my permission to remove the traps which was answered with NO. So the warden told the owner to keep the dog on a leash and if she ever tampered with someones traps again she would be fined.

Glad things turned out in your favor, now you know why the CO is a CO and not a trapper. Still a pain in the rear!

I would not quit trapping,I would just look for some private land.

sorry you were hassled. GLad it turned up OK.

Is this a regulation or can we just call it common sense....

I find out of sight out of mind is a good policy when trapping.

[quote=Redknot

You need to contact your DNR responsible for the management of the particular WMA Immediately. You were engaged in a Wildlife Related Activity on a WMA which receives Wildlife Restoration Funds (Pitman Robertson). Your activity is absolutely covered as a primary use on a WMA. Walking a dog, whether leased or not, it is referred to as a Non-wildlife depended activity, which never takes precedent over a Wildlife Related Activity. Doing so can be considered a divergence of funds and your State could be jeopardizing Federal Funding.

Like I said, you need to contact the Wildlife Manager for the Region of that particular WMA and explain the situation.

[/quote]

Thanks for this ammo!

Happy you pushed it !!!!

I have wrote the VDGIF and the Corp of Engineers responsible for the WMA so we'll see how far that goes.