#3032066 - 11/13/12 08:05 PM
trapping bycatch?
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fishboy1
14 Point
Registered: 01/13/03
Posts: 9754
Loc: Warren Co
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There is a rumor of a super yote or wolf running around at the farm. ( I haven't seen it to identify it so who knows )
Since there is no season on wolves in TN... what would be the liability if you caught one in a trap set for coyotes?
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#3032281 - 11/13/12 10:21 PM
Re: trapping bycatch?
[Re: fishboy1]
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scn
12 Point
Registered: 02/05/03
Posts: 7088
Loc: Brentwood, TN US
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There is zero chance of you catching a wolf in TN. You may catch somebody's wolf-dog hybrid which is classified as a domestic animal and you would be liable to the owner for any injuries (TCA 70-4-120).
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#3032525 - 11/14/12 07:54 AM
Re: trapping bycatch?
[Re: scn]
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fishboy1
14 Point
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Loc: Warren Co
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Thanks SCN.
That is what I figured. Either a yote cross or a domestic drop off. We have problems with abandoned dogs forming packs about every 2 years. The sightings are not what I would consider "high confidence" identifiers.
So SUPPOSE I find a real wolf in a trap? (or something that really looks like one) What should I do?
Call TWRA ? Skin and sell? Dig a hole? 
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A gun in the hand is worth 2 cops on the phone. No one can name a single power the government has granted itself that hasn't been abused. Socialism is for losers http://amillerphotoevent.com
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#3032878 - 11/14/12 10:59 AM
Re: trapping bycatch?
[Re: fishboy1]
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waynesworld
8 Point
Registered: 05/13/12
Posts: 1454
Loc: Mboro, Tennessee
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That would be a shovel ready job 
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#3035189 - 11/15/12 06:17 PM
Re: trapping bycatch?
[Re: waynesworld]
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fishboy1
14 Point
Registered: 01/13/03
Posts: 9754
Loc: Warren Co
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SCN,
What are the rules regarding free ranging domestic dogs getting caught in a trap on YOUR property?
It was my understanding/assumption that the state wide leash law provided you some protection when trapping on YOUR land. IE their dog has no business being off the leash and on your property in the first place.
I just re-read TCA 70-4-120 and it appears to me that the damage to domestic dogs only applies when trapping on OTHER peoples Property. Is that the way it has been interpreted by the courts?
Thanks
Edited by fishboy1 (11/15/12 06:22 PM)
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A gun in the hand is worth 2 cops on the phone. No one can name a single power the government has granted itself that hasn't been abused. Socialism is for losers http://amillerphotoevent.com
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#3035272 - 11/15/12 07:02 PM
Re: trapping bycatch?
[Re: fishboy1]
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scn
12 Point
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Posts: 7088
Loc: Brentwood, TN US
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Sorry, David, but the way I read it it is not just applicable on others persons land. In section (a)(1) it specifies the lands or waters of any person, which makes all of the requirements applicable to your land as well.
(C) does make the requirements of reporting domestic bycatch applicable only on lands of another.
But, (D) says nothing about lands of another, so it would go back to the lands/waters of any person. And, it specifically says the trapper is liable for damages for the devices.
The leash law angle might make for an interesting argument in a civil case, but my bets would be that section (D) would win out.
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#3035361 - 11/15/12 07:39 PM
Re: trapping bycatch?
[Re: scn]
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fishboy1
14 Point
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Loc: Warren Co
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Ok so please bear with me.
So the trapper can be held CRIMINALLY liable (misdemeanor) if somebody lets their dog roam loose (violation of the law), it invades private property (a form of trespassing), and gets caught in a trap set for coyotes?
That doesn't make much sense to me. Did I read that wrong?
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A gun in the hand is worth 2 cops on the phone. No one can name a single power the government has granted itself that hasn't been abused. Socialism is for losers http://amillerphotoevent.com
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#3035450 - 11/15/12 08:12 PM
Re: trapping bycatch?
[Re: fishboy1]
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scn
12 Point
Registered: 02/05/03
Posts: 7088
Loc: Brentwood, TN US
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The law was changed in 2012 and (D) became (E):
E) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device.
It doesn't say you are crimally liable. It says you are liable for any damages from the traps or snares.
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#3035667 - 11/15/12 10:23 PM
Re: trapping bycatch?
[Re: scn]
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pass-thru
10 Point
Registered: 10/10/04
Posts: 3058
Loc: va beach
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The law was changed in 2012 and (D) became (E):
E) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device.
It doesn't say you are crimally liable. It says you are liable for any damages from the traps or snares.
Well I hope that is something that has never been tested. But the trapper should prevail in the case of the trespassing dog. Any trespassing dog, whether it was caught on the land of the trapper on some other land where it did not belong....the damage was not "done" by the device, but rather it was "done" by the irresponsible owner and the act of trespass upon the lands of another. "Done" connotes causation, and proximate cause would tend to point back at the dirty hand in any situation, ie the trespasser. If TN courts don't see it this way, then somebody needs to spank some sense into the legislature. Through harvesting of furbearers, trappers protect livestock, pets, game animals, and furbearers themselves. So why do they deserve such a slap in the face?
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#3035823 - 11/16/12 06:21 AM
Re: trapping bycatch?
[Re: pass-thru]
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fishboy1
14 Point
Registered: 01/13/03
Posts: 9754
Loc: Warren Co
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Thanks for the clarification SCN.
I can understand wanting to keep the pressure of financial liability on trappers to discourage irresponsible behavior and damage to non target species. BUT.....
Making a trapper responsible for the illegal acts of another?? That I have a problem with.
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A gun in the hand is worth 2 cops on the phone. No one can name a single power the government has granted itself that hasn't been abused. Socialism is for losers http://amillerphotoevent.com
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