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Post by Brett H. on Mar 13, 2008 15:46:19 GMT -6
Thanks a lot Gene!
Brett
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Post by paulb on Mar 13, 2008 15:49:40 GMT -6
so is this the stae law? is it an administrative rule? or is it a gentleman's agreement btween the ITA BOD and the DNR?
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Post by x-demoman on Mar 13, 2008 19:58:48 GMT -6
Will do some more research on that Paul. We have a BOD meeting April 6.
Gene
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Post by paulb on Mar 13, 2008 21:29:22 GMT -6
Gene,,i sent an email to the DNR CSO for this area,,,i worked him with 20+ years ago when he was a warden,,,he will know the answer but he is slow checking his email,,,i will post as soon as i learn something,,,the 2 weeks is not a big deal to me as i am slowing down,,,but is one more take away,,,,
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Post by dfox on Mar 17, 2008 6:28:51 GMT -6
I spoke with a Law Enforcement District Supervisor for the DNR about pre-staking and here is his response: We have discussed within the Department about road ditches and private property pre-staking, but have not addressed those issues yet. It is legal to pre-stake on road ditches and private property, but it becomes a problem if you actually put a trap at that location. Someone could come around and actually set the trap prior to the season opening and your trap would be illegally set, thus you could receive a citation. The other issue about staking road ditches is that someone can monopolize an area by staking everywhere and causing conflict with other users. There is no time frame that I am aware of when you can pre-stake. Technically, someone could make the argument that you are littering by leaving behind something on public property that shouldn’t be there, but I doubt an officer would go to that extreme. If you were pre-staking on private property, littering would not be an issue. Hopefully this answers your questions.
So as you can see, there is no two week rule or time frame when you have to pick up your traps after the season closes. I would think a district supervisor would know what he is talking about. I agree with him that you could get a ticket for littering or cause friction in the area with other trappers.
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Post by ~ADC~ on Mar 17, 2008 8:01:03 GMT -6
I wish one of you fellas who knows Chris Flynn personally would please ask him to join here and settle arguements such as this.
~ADC~
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Post by ringtail on Mar 17, 2008 9:52:05 GMT -6
ADC, I sent Chris a pm on t-man but he hasn't replied yet
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Post by minnow on Mar 17, 2008 9:53:01 GMT -6
I was told the same thing as Dfox when I ask our DNR officer last week.
Minnow
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Post by ~ADC~ on Mar 17, 2008 19:55:52 GMT -6
I did too ringtail, lol.
~ADC~
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Post by ringtail on Mar 18, 2008 6:30:54 GMT -6
lol ADC
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Post by ringtail on Mar 19, 2008 9:35:33 GMT -6
Got a pm from Chris on T-Man and he said ther isn't a law on the books about presetting, could start staking tomarrow without penelties.
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Post by minnow on Mar 19, 2008 10:04:17 GMT -6
"Thanks" Ringtail
Sounds like some concrete info now!!
Minnow
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Post by riverbandit on Mar 19, 2008 13:32:58 GMT -6
Thats odd, Ron Andrews told us at an ITA board meeting a couple years ago that this was a done deal. I talked to my county DNR officer and he said the same thing. Will have to go to the top of the ladder to get the correct answer on this one I guess.
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Post by ringtail on Mar 19, 2008 16:48:17 GMT -6
I'm gonna ask the local DNR in this area since he will be the one writeing the ticket. Still cant believe if its a law that it isn't in the book. Has Chris pm you yet ADC?
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Post by ~ADC~ on Mar 19, 2008 20:12:03 GMT -6
No ringtail I just invited him to join here.
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Post by x-demoman on Mar 19, 2008 20:26:00 GMT -6
I talked to Ron Andrews and he said the DNR did nothing with the information provided by the ITA. This is an issue that needs some more attention. Guess sometimes you don't know what you think you know. Sorry for the miss information but I have also be miss lead. Let ya all know if there are any changes.
Gene
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Post by riverbandit on Mar 19, 2008 20:36:14 GMT -6
Thanks for clearing that up Gene, I'll have to give my local CO a call and let him know that this is not law.
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Post by ringtail on Mar 19, 2008 20:42:03 GMT -6
Thanks Gene
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Post by TexA on Mar 19, 2008 21:27:08 GMT -6
I don't beleive "Pre-staking" includes having traps/snares setting on that site ANYTIME before the season opens!
The DNR made the OPENING time to START trapping at 8:00a.m., the morning the season OPENS!
NOT two weeks or what-ever before that date/time........ I don't care how you try to "twist" the law to fit your best welfare, it remains 8:00 a.m. OPENING day.
Having your stakes and/or traps set out before that time is NOT LEGAL--- PERIOD!
I have came across traps, snares especially, that were set the year/season perviously in trails along ROWs and they remained in place into the following season. The DNR should have been contacted, I agree on that 100%....
IF I come upon a set in the ROW, before OPENING DAY, that I know was there before the season OPENS, IT WILL GET PULLED and layed along the edge of the road. I've done it before and will do it again, no matter who it belongs to.....
OPENING DAY begins at 8:00 a.m. on OPENING DAY, NOT ?? days before...... and that's the way it should be.....
On PRIVATE property, you can do whatever you wish but along the PUBLIC RIGHT OF WAY, or on any PUBLIC PROPERTY, the answer is NO..... 8:00a.m. is it - PERIOD
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Post by x-demoman on Mar 20, 2008 8:10:10 GMT -6
Well said Tex.
Gene
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Post by ~ADC~ on Feb 5, 2009 14:57:01 GMT -6
Had I have paid more attention to this post I don't think I'd of been so shocked at the voting on this matter. ~ADC~
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Post by Scott W. on Feb 5, 2009 15:56:39 GMT -6
Back to the question originally posed by this thread. Do you pre-stake? (Which we all seem to agree means placing unset equipment in a place you intend to trap before the season opens.)
No I do not pre-stake.
I may want to in the future.
If pre-staking in ROW were intended to be illegal, it would have been included in the clause concerning wildlife management units.
In my opinion ROW are not wildlife management units, mainly because many more activities are allowed in the ROW throughout the year than are allowed in actual WMU's. Such as snowmobiling, horse riding, 4 wheelers, grazing, hay baling, and pre-staking etc. Also, how do you manage wildlife in a strip of land that is 25-30 ft wide and miles and miles long?
Just like placing a deer stand ahead of season, you are not actually hunting. When you prestake, you are not actually trapping. (unless some jerk sets it for you) Scott Webb Cresco, IA
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Post by iayogi17 on Feb 5, 2009 16:28:25 GMT -6
yes opening day is 8am but you don't think a guy can be read and organized to go at that time
Tex if your pulling gear your illegal if you thing its a problem have your Officer pull them
I prestake w/trap/snare 1wk before season
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Post by Kelly on Feb 5, 2009 16:40:28 GMT -6
So far, have not pre-staked but was thinking about doing it for next season. That said, I do not begrudge anyone that choses to pre-stake and neither should any other fellow trapper. It is legal in the ROW, private lands and some public, too.
Furthermore, anyone that would purposely take legally set property/equipment of another and move it is not a trapper, IMHO. Just a common THIEF! If it is illegally set, or you are not sure, then call the Warden and let them take care of this issue. otherwise, leave it alone and move on.
Can't we all just get along? Fur isn't worth that much anyway so what's the problem?
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Post by Brett H. on Feb 5, 2009 17:12:34 GMT -6
IF I come upon a set in the ROW, before OPENING DAY, that I know was there before the season OPENS, IT WILL GET PULLED and layed along the edge of the road. I've done it before and will do it again, no matter who it belongs to..... That is Illegal!
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Post by kyle on Feb 5, 2009 18:08:49 GMT -6
I prestake. The trap, the stake, and if its necessary I dig the pocket too. I usually dig all my pockets for the first week of season, a week or two before it opens. It gives me another reason to get out of the house and spend time outside.
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Post by centraliowa (ryan) on Feb 5, 2009 18:21:48 GMT -6
i pre stake. i start monday before the opening saturday and work at getting everything out all week. i work at it for 5-6 hours everday after work monday-friday. Saturday morning i am on the road by 8am and hope to get a over half way set by the hawkeye football game. come home eat, watch some of the game and go back out to finish. i can useally have 300 traps set and operational by 6pm opening night.
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Post by daveplueger on Feb 5, 2009 19:00:12 GMT -6
IF I come upon a set in the ROW, before OPENING DAY, that I know was there before the season OPENS, IT WILL GET PULLED and layed along the edge of the road. I've done it before and will do it again, no matter who it belongs to..... That is Illegal! Thats would be a pretty grey area. Harrasment of a trappers equiptment really wouldnt apply until the actual season opens. Before that anything in the ditch could be considered trash and IMO could be removed without it being illegal. Tough call to say the least.
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Post by Kelly on Feb 5, 2009 19:17:28 GMT -6
Well, it might be a grey area Dave, but believe I saw on one of Gene's post where he said it was Trapper Harrashment too. If one knowinly does that to a fellow trapper then I have lost all respect for that person. Even more so when they spout out in public that they have done so in the past and will continue to do it.
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Post by Brett H. on Feb 5, 2009 19:30:24 GMT -6
That is Illegal! Thats would be a pretty grey area. Harrasment of a trappers equiptment really wouldnt apply until the actual season opens. Before that anything in the ditch could be considered trash and IMO could be removed without it being illegal. Tough call to say the least. I do seen your point and agree and i am not being a Smart@ss but if that wouldnt be illigal, Then someone could go around before season wether its June or 2 days before season and just pick up everyones traps and take them home just like a pop can!?!......This here is why i beleive we could possibly need a two week rule...
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