Texmid said:I guess it depends on how you define "mortally wounded". When we tracked it down the next day the elk was dragging her backside with her front legs. Her spine was damaged just in front of her hip and she could not move her rear legs. I guess she could have survived for years if she was in a cage and protected from predators, maybe. There is no doubt, though, that elk would not have lived another day.giddings_ag_06 said:Texmid said:
I'm very interested in how this played out. While Elk hunting in New Mexico my cousin took a legal shot at an Elk on the last day of the season. The Elk was wounded and ran off. We followed the blood trail as long as we could with flashlights and called it a night. The next morning we went back, picked up where we left off and eventually located the Elk. It was mortally wounded and the shot occurred on the last day of the season during legal shooting hours. The Elk was still very much alive but there is no way it would have survived another night. Did we break the law by dispatching the Elk once we found it?
First of all, a "mortally wounded" elk won't be "very much alive" the next day. You'd be amazed what animals can live through. And if he made it through the night and was just fine the next day, you definitely don't know if he would die. I'd put money he'd survive a heck of a lot longer than you'd think.
And yes, you broke the law. It's not wise to post a hypothetical on TexAgs when you're clearly in the wrong.
So I guess, legally, we didn't do the right thing. However, given the circumstances, I feel like we did the right thing.
Did you call the Game Warden and report this and have them help you find it the next day? If not you broke the law and what you did was illegal. And just so you know you can still be prosecuted for this. If you think this guys fines and penalties were bad you can be slammed with some pretty heavy stuff because you illegally harvested an Elk out of season and then transported an illegally harvested animal across State lines. One of the penalties for the states above crime is you can lose your hunting privileges for life in the United States.