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Post by Kelly on Feb 12, 2009 20:30:39 GMT -6
That one I can't answer any further than I know Minnesota and Wisconsin do not allow it.
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Post by bluedot64 on Feb 14, 2009 6:57:51 GMT -6
Do pre-staked traps need to be tagged?
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Post by Scott W. on Feb 14, 2009 8:34:52 GMT -6
I would say yes. Scott
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Post by daveplueger on Feb 14, 2009 9:08:37 GMT -6
Had an officer tell me once that even unset traps in my truck needed to be tagged, in season or out. I asked what about new or used traps bought at a convention? he stammered a little but didnt have an answer. LOL
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Post by Scott W. on Feb 14, 2009 9:24:18 GMT -6
Trap Tag Requirements All traps and snares, whether set or not, possessed by a person who can reasonably be presumed to be trapping must have a metal tag attached, plainly labeled with the user’s name and address. Officers appointed by the DNR can confiscate such traps and snares when not properly labeled or checked. I think the "reasonably be presumed" is where the judgement comes in. In the spirit of our discussion, I would say legal prestaking qualifies as a trapping activity,and as such the trap should be tagged. Boxed traps from the convention would not qualify IMHO Scott
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Post by daveplueger on Feb 14, 2009 9:40:23 GMT -6
What about used traps purchased at a convention that are not boxed?
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meandean
Hyper-Active Trap Talker
Posts: 152
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Post by meandean on Feb 14, 2009 10:54:53 GMT -6
Since conventions are not held while trapping season is on I would be of the opinion that they would not have to be tagged. That would be a common sense thought, something some CO. lack!!!!!!!
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Post by Bankrunner on Feb 14, 2009 12:57:15 GMT -6
According to my CO, if it is in your vehicle while trapping season is open it must be tagged or you will receive a fine.
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Post by justwannano on Feb 14, 2009 13:50:10 GMT -6
I think the key is ...can be reasonably assumed to be trapping... just
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Post by bluedot64 on Feb 14, 2009 14:21:39 GMT -6
Well, here goes, to the best of my limited ability
1. Do I pre-stake? No 2. Will I ever pre-stake? Maybe 3. Am I a whiner? I do not think so because I have never complained to a BOD member or the DNR. Everyone who appears to be anti-pre-staking seems to be labeled that way on this forum. I try to leave the whining to Jeff Gordon; he is good at it. 4. Is pre-staking “claiming”? Yes, maybe I have watched too many “westerns” in my day but the only thing missing is a filing on the claim at the county seat. If I come upon a pre-staked trail I simply look elsewhere. 5. Is it legal? In the past I have thought it was legal but after this discussion it is really questionable in my mind and this stems from the trap tag law. By following the law and having my traps tagged I can “reasonably be presumed to be trapping” by my own admission (tagged traps) therefore I am illegally trapping out of season regardless of whether the traps are set or not. (Constructive dilemma?) 6. Do tree stands have to be tagged? I don’t think so, but do not know for sure.
There it is guys, sort it out for me please.
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Post by daveplueger on Feb 14, 2009 14:23:17 GMT -6
I had a local police officer threaten to write my wife a ticket for not having a fur harvesters license. She was at a local gas station with my truck and the officer walked by and happened to notice some of my traps in the back. This was about a week before the opening of the season. He also said that if she was going to use the vehicle with my traps in the back the tags would have to include her name along with mine. Does a regular police officer have this authority? I thought an issue like this fell under the jurisdiction of the DNR.
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Post by k9 on Feb 14, 2009 16:05:13 GMT -6
He can write a ticket but you could have beat it easily. He does not know what he is doing if he writes her.
blue I appreciate your opposing view. Let me ask you something. The prestaking you have encountered on the line has it been dry land or water sets? Was there room for you to set in if you want to?
I can appreciate a fella who honors another mans sets, but around here its first come first served and the prestake does not mean squat if the prestaker is not there first at 8am on the opener. My point is, if you are unwilling to set on a prestaked setup when you get there first, thats your own fault.
I do not think you are a whiner at all, and we can also agree that Jeff Gordon and even Kyle Bush are pretty bigtime whiners.
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Post by bluedot64 on Feb 14, 2009 16:20:48 GMT -6
K9 It was dry land and yes I could have set in the same trail but freely chose not to set the location. Here in the flat land with nearly everything cropped, trails change with the harvest. Two days later there will be a better one elsewhere.
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Post by Scott W. on Feb 14, 2009 16:24:53 GMT -6
meandean, Blue, Just because they are in your truck doesn't automatically mean you are prestaking if it is out of season, which is, at this point still legal. You may be taking them to the carwash for preseason prep or whatever. The tags on or off shouldn't matter unless you are witnessed actually using an untagged trap when you are prestaking, then all the other untagged traps in the truck would be fair game. Does that make it clearer or muddier? Scott
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Post by k9 on Feb 14, 2009 16:42:07 GMT -6
I have yet to meet the person who has a complaint about prestaking in the water.
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Post by justwannano on Feb 14, 2009 16:45:42 GMT -6
So the cop thought she was gonna trap in the gas station???
I wonder what he gonna "think" if he stops you at night during hunting season with a flashlite and cased shotgun?
just
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Post by Bankrunner on Feb 14, 2009 17:31:48 GMT -6
Just, If you were stopped by a DNR or deputy, you might be ticketed because the "intent" would be there. You would have to prove otherwise in court. I guess it would depend on your CO and if there were alot of spotlighters. My CO hates them and if he has to come across the county and find you, he told me that they will look extemely close at you.
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