What to legally do with a hen!

goldenboy

goldenboy

Well-known member
I am sure all of you experience this from time to time. Your dog gets into a bird and before it flies the dog catches the bird. I know all your buddies who don't own dogs think that your dog is something super because it caught a live, unhurt, wild bird. But the fact of the matter is that it happens often. My question is what do you do with that bird? Many times I try to release them but if they are injured and don't fly, the dog brings it back again. Legally what can or can't we do? I hate wasting them even though I know coyotes, fox, etc find them and eat them. Interested in your thoughts and what you would tell mister green jeans if he caught you holding that dead hen?
 
I'm interested to know how often this happens with you guys.

For Me, Healthy, unhurt wild pheasants. Once in a while the pups will catch one.
Just not all that common.
 
Hens do get accidentally shot. I know it is against ethics but the only thing to do is leave it lie. If a warden finds you with it, you're toast. It won't go to waste, the foxes or coyotes will appreciate it. The best policy is to not shoot a hen in the first place.
 
found 2 dead hens this season maybe 3 that im sure were shot & left or it was just a coincidence that there was empty shot gun hauls 20-40 yards around & or near wear the hens were laying... 2 times there was rooster feathers near by also so maybe the guy/guys shot into a large flock? there were times i had to wait to shoot or i could of peppered a hen near a rooster... my dad said he found 1 in SD that was shot broken wing near empty hauls i looked at the bird it did look like a dog mouthed it also so???

found a rooster also in SD with head gone but it looked shot also wing broke & hole in side of bird like when u hit a bird in the side under wing??? the hawks were eating on him when i found em...

in any case leave the hen if dead wear it lays... if its hurt & ur dog did it feel like S*** & maybe let the bird go in thick cover??? or ring the neck & leave it lay??? you dont need that bird on you when johnny law is around it sucks but leave it lay... i got my balls broke 1 yr for having fully dressed birds in a cooler lucky i was able to take the warden to wear every 1 of the roosters feet heads & wings were or he was going to give me a ticket he said you know why? i said cuz i could of been shooting hens write he said correct he had found 1 guy already that day with a hen he said his dog caught... warden gave him a ticket there on the spot & said he took all his other birds also... & he was lucky he didnt take his gun??? i was a teenager then so he could of been just trying to scare me or blowing smoke but i dont want to find out with a hen in my vest...

i seen a young kid in another party on pheasant opener in MN 1 time shoot 3 shots at a hen that flew his way when another bird a rooster was flushed near the vehicles he herd people yell rooster & started popping at the hen he said after his dad chewed his ass out that you guys yelled rooster so i shot... im sure that happens more then a few times a yr especially with more then 5+ bird cluster flushes... people just have to shoot...

i personally have never ever seen or hunted with a hunting dog that caught birds on the ground ever... never seen it in person only on TV with dogs i would not want to hunt with to be honest... maybe running a flusher is different & they do catch bird here there??? reguardless any breed or style of dog that would piss me off more then loosing a bird i shot & the dog could not find... just me... my main goal for my dog is to have her get in her head she points or holds the bird i come in it flushes & i shoot it & she gets to retrieve it period... i dont need her thinking she can catch birds especially hens the worst bird they can catch thats god knows how many future pheasants that dog killed...
 
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It might no be all that common, but I hunted with a friends years ago, who had a big going pointer male, He would find a covey, if we didn't find him, he caught a bird and returned it to us, live! I saw this many times, even his pups inherited this, they would hold for ever, at some point, figuring they were lost, would catch a bird and return. We laughed that your limit was 6 because the dog had a limit of 2. In heavy brush, catching a pheasant, by literally "booting" it out is fairly common, having a dog catch one happens. I agree you sometimes recover injured birds, I had a limit of roosters retrieved to me before I got my gun loaded on public ground years ago, all crippled. As relayed above, I would leave it, no explanation will suffice, it sounds like excuse #101! The quail we kept!
 
sneem said:
Hens do get accidentally shot. I know it is against ethics but the only thing to do is leave it lie. If a warden finds you with it, you're toast. It won't go to waste, the foxes or coyotes will appreciate it. The best policy is to not shoot a hen in the first place.
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I asked a warden what to do in this situation some time ago; "Call the DNR and we'll come and take the bird" was his answer. You just have to cross your fingers he's in a good mood when you do. lol;).

I hunted with a guy a few years ago who shot a hen by accident. He took it. I advised him not to but he figured the warden would understand if he was stopped. I suppose it would depend on the warden if he would right him a ticket or not for that one.

This kind of stuff happens with ducks and geese too. Someone shoots and knocks down more birds than attended, hence, over bagging. All by accident.

Nick
 
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In Kansas, there are 2 possible violations at hand. First is illegal take. Hens are not legal to take wo that function is a violation. Second is illegal possession. Whether you shot the bird or just found it doesn't matter. Hens are not legal in the bag so illegal possession would be a possible second ticket. In Kansas, misdimeanors maximum fines/penalties are $500 each and 30 days in jail. Taking this or some % of this times 2 and you've in the new O/U price range, especially when court costs are about $103.50. Add to this that you've just put your good name in the septic tank over a hen that should never have hit the ground and it makes sense to pass up ANY marginal shot. It'll probably happen at least once in your hunting career for the accidental reasons already mentioned. No need to double the violations by taking possession. Even the Bible says "go forth and sin no more". How do you argue with that?
 
david0311

goldenboy said:
I am sure all of you experience this from time to time. Your dog gets into a bird and before it flies the dog catches the bird. I know all your buddies who don't own dogs think that your dog is something super because it caught a live, unhurt, wild bird. But the fact of the matter is that it happens often. My question is what do you do with that bird? Many times I try to release them but if they are injured and don't fly, the dog brings it back again. Legally what can or can't we do? I hate wasting them even though I know coyotes, fox, etc find them and eat them. Interested in your thoughts and what you would tell mister green jeans if he caught you holding that dead hen?
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I

Only thing to do is leave it there--has happened to all or almost all of us I guess --especially those of us with flushers--I feel bad when it happens but how many cripples do our dogs find over the course of the season that would go to waste other wise--One of mine has caught and brought me 4 this year--all roosters thankfully only one I believe to have been a cripple---
 
esetter said:
Think any hens accidentally get shot?
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Yep, I've done it twice.

The first time was in Idaho. I was 15 years old and a bit too quick on the trigger. I was off by myself with my dog, a long way from my dad and our other dog. The bird got up at a bad angle into the sun, but I could've sworn I heard it cackle. I left that one, primarily because I was afraid of what my dad would say.

The other time occurred nearly 30 years later (I think it was 2009) in Montana, and again there was nobody else around ? no one within a mile, at least. That time, my eye and my brain both told me "rooster" when the bird busted. I had no clue it was a hen until the dog came trotting back with it in his mouth. I was completely dumbfounded by the mistake.

I processed that one down to the skin right there on the spot and dropped it into my game pouch. When I got back home the following week, I had my wife mix the meat with that of two roosters in a "pheasant fingers" dish. That way the hen got eaten, but I didn't know precisely when I was chewing on it.

If I'd been caught with it that day, I'd have explained what happened and taken whatever medicine was given to me without a fuss.
 
If the dog catches it I can let it go, they will fly away. By the time I have a dog ready to hunt they show soft mouth or bye bye. Training we use them over and over. Accidental or not here you get caught with a hen your paying a fine. I would say to leave it lay. No minor accident is worth the fine and loosing your gun over. And they will take your gun. A friend lost his one time. Brand new 870 wing master.
 
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hens

first off, mistakes or accidents happen. too bad for the bird i guess, the state could be more understanding and not idiots about it. over my many rears, it is rare for my pointing dogs to catch a rooster that hadn't previously been wounded but over maybe 40 or so years, they have nailed about 6 or seven hens, most of which i was there on the point and have reason to believe that they were not injured. in all cases, these hens were trying to flush from really heavy cover and most of those involves snow. hens lack some of the strength to flush properly in those situation and as they are struggling, the dog breaks point and grabs them.. there is no conservation reason not to allow one hen in the bag for those that want to shoot one or end up with one by mistake. it's the people that make up these stupid rules that are the cause, not the dogs or the unlucky hunter. for a warden to give two tickets for what is really one incident is an example of just pure ignorance and greed, modern wardens ought to be made to attend a human relations course

cheers
 
Musti, officers in the field have a broad latitude to deal with situations. However, there is no way to determine intent so a violation is a violation. In this case, for an officer to write two violations is generally a result of human relation problems in the violator. Most officers would write it as 1, but some people force the issue and the officer, as an officer of the court can pass the decision as to fines and convictions on to the judge by making sure that the judiciary knows the attitude problem with the violator. The judge then has full information and can take whatever action is necessary. If the officer doesn't write it, the judge has only the one violation to deal with. Moral of the story is, if you make a mistake, don't follow it up by taking possession of an illegal animal nor blow up on the officer for doing his job to protect the sport you claim to love. In pheasants, where they are polygamous, removing any hens from the population removes productive potential for the following year. With quail, where they are neither monomagous nor polygamous, the productive potential is controlled less by the loss of 1 sex and more by the balance between the sexes. This isn't complete as they do act as polygamous to some extent.
 
FCSpringer said:
\No minor accident is woth the fine and loosing your gun over. And they will take your gun. A friend lost his one time. Brand new 870 wing master.
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In MN for a single hen ? I call absolute B.S. :eek: OR there was something more going on with this one.

That or he lost his gun by leaving in the grass at a public hunting area.
 
Hen

Unless the warden or park ranger saw you do it, you'd have to drive to a checkpoint in order to go down for this one. Also if you are on public land when it happens you can have your birds checked pretty easily. Otherwise when they ask for consent to look through your things tell them no, not much they can do. For the record I do not advocate shooting hens and really its on you if you do, you should always be sure of your target.
 
small munsterlander owner said:
he had found 1 guy already that day with a hen he said his dog caught... warden gave him a ticket there on the spot & said he took all his other birds also....
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More bull .... on what grounds could they legally confiscate roosters shot within the regs ? evidence ? ... evidence to what ?

If you are legal (which you were not) you can stand eye to eye with any warden and challenge them. I have done it many times when they wanted to search my vehicle, etc... told them straight up ... put it back like you found it. I have had a Federal warden attempt to ticket me for a hen pintail when it was a gadwall ... oops. I respect wardens for their hard work to protect the resource and I guess some get worn out and bitter. Sad. In 30+ years of hunting&fishing I have been stopped just 14 or so times (three were large roadside check stations). Majority of the time I actually enjoyed the "check" ... I tend to ask them questions about what they are seeing, how many violations, if they know someone in common ....
they usually bow out and move on first. I digress...
 
Yes they can be quite, shall we say, hard at times. Had one check me while I was carrying grandpas gun once. He had a gauge to check for a plug and saw that almost 3 shells could fit in the tube (our guns can only hold 3 shells while hunting) and proceeded to jam the gauge in repeatedly a little harder each time until I said "Hey thats my grandpas gun. Be easy with it, its almost 60 years old". I guess he thought I was being rude or something and gave me the shake down.:confused: Told me he could write me a ticket and take the gun if he wanted and that I better go get a new plug for it.:mad: The moral is mind your p's and q's guys and as much as it goes against our ethics as hunters you're best to leave a hen lay.
 
like i said brittman i was a teenager at the time & in the wrong breaking the law so i really didnt have a leg to stand on & i got lucky i could take the warden to the cleaned roosters legs heads wings ETC. or he would of ticketed me im sure but would not of taken my gun... as for his story of taking the guys birds & could of taken his gun earlier in the day i sure the warden was blowing smoke to scare me from ever doing that in the future???

i agree i have had to disagree with a warden & polices officers a few times & if im correct i will tell them why im correct never had a ticket wrote for that...

my rule is if i see a warden patrolling my hunting area & im not doing anything wrong is to avoid him any way i dont want to meat him if i can avoid it ive meet some nice wardens & ive met some dicks same as police so i just stay legal & keep my distance lol...

seen the good ol SD check point stop on my last SD trip had a guys suitcase all tore apart on the side of road & about 5-7 other vehicles wait n to be checked we had blaze orange caps on & dog crate in the van the warden & police officer just waved us on??? keeps any poacher honest i guess???
 
Ethically you take the bird because your dog killed or crippled it, buy if you do so, you needed to be prepared to take your medicine if warden shows up.
 
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