The morning hunt is finished, so you pack your gear and head for the truck. No shots were fired, but it was a glorious fall day nonetheless, and as you stroll along, you take in the brilliant foliage and crisp, cool air while recalling the morning’s events. Two fawns amble by carelessly, followed by a long-nosed doe that seems constantly on alert. They’ll learn much from her. That little fork horn buck gives you a quick start until you realize he doesn’t meet your mandatory minimum. “Maybe next year,” you think.
As you approach the vehicle, your daydreaming is interrupted by the sudden and unexpected appearance of a uniformed figure who identifies himself as a conservation officer. After the initial surprise subsides, your mind starts reeling as you go over a mental checklist: “Is he after me? Did I do something wrong? I have my license, permits, and permission to be where I was hunting. I haven’t unloaded my gun yet, but I didn’t think it was necessary.” The reaction is not unusual. The unexpected appearance of a conservation officer can rattle even the most ethical hunter. But if you’ve dotted all the I’s, crossed all the T’s, and followed the letter of the law, you should have nothing to fear. Still, how should you behave?Things You Should Know
Volunteer hunter safety
instructors do an exemplary job of teaching new hunters much of what they need
to know before going afield, but they’re only as good as the curriculum they’re
provided. That’s well-researched and important material. But if I have a
criticism, it’s that there is nothing in the curriculum about how to handle an
encounter with a game warden or conservation officer, and it’s something every
hunter should know. Think about it. In most cases, you and they are carrying
loaded firearms. The officer might not know whether you’re a safe, ethical
hunter or a dangerous poacher, representing a potential threat. And though you
shouldn’t, you might feel a bit intimidated, particularly if you’ve never been
checked before or you’re in a new area. How you handle yourself and, more
important, your equipment is important.
Handling Firearms
Your initial reaction
might be to unload your gun, which isn’t always the right move. The officer
might want to determine that your weapon and ammo comply with whatever seasons
and regulations are in effect, or that you have the right caliber or gauge and
the right number of shells in your weapon for the game you are pursuing. A
better initial course of action is to make sure the gun is on safety and
remains pointed in a safe direction. Then wait for instructions (see the
sidebar on page 66). The officer might ask you to set your gun down or lean it
against a tree. Or he might ask to see it. Safe handling guidelines recommend
you open the breech before handing a gun to anyone but ask the officer if it’s
OK before doing this. If he says no, advise him on whether or not the gun is
loaded before handing it to him.
Be Respectful
Treat the officer with
respect, and he will do likewise. Remember, he’s just doing his job. “Why are
you bothering me? I’m not doing anything wrong,” is probably not a good way to
open the conversation. He might be investigating some illegal activity in the
area or responding to a complaint and merely wants to know if you saw or heard
anything. Or, he might simply be conducting a routine compliance check, which is
part of his duty. You have the constitutional right to own a firearm, but the
ability to use it for hunting is a privilege that comes with certain
conditions. The fact that you’re in the woods with a firearm is considered
prima facie evidence that you are hunting, and therefore, you are required to
prove that you meet those conditions by presenting a license or other required
permits. You might also be required to show some other form of identification
to verify that the license is yours. You should also be aware that because of
the nature of their duties, conservation officers have extended search and
seizure powers. They might ask to search your pack, jacket, or vehicle, though
they can do so
without your permission, if they have reason to suspect a crime might have been
committed.
Be Forthright
One of the intangible
skills of a good conservation officer is the ability to judge people. Like a
parent, they can usually tell if someone is guilty or hiding something by their
body language and mannerisms. Just knowing this might be intimidating to some
folks, and they start acting nervously, even though they’ve done nothing wrong.
Relax. Good conservation officers also
understand that we all make mistakes. Maybe you forgot to sign your license,
or you left it at home. Let them know upfront, and they’ll be more inclined to
show leniency. If you did something wrong and they suspect it, they’re going
to find out anyway, so you might as well come clean.
Don’t Be Intimidated
Conservation officers are
human beings with different personalities. They might come off as being stiff
and formal, but that’s just part of being professional and sizing up the
situation. When they realize you’re an OK person, they might loosen up a
little.
Conflict Resolution
One of the things any law
enforcement training stresses is conflict resolution, and it can work in both
directions. Maybe you got off on the wrong foot in your initial interaction. A
good officer will try to resolve that, but you can as well with a simple
apology. “Look, I didn’t mean to be difficult, you just startled me.” And remember, conservation officers, are human.
They have good days and bad days, just like us. If an officer seems a bit too
harsh or aggressive, make an extra effort to diffuse the situation. If that
doesn’t work, be compliant and respectful.
Attitude
All law enforcement
officers use something often referred to as the attitude test. They have a fair
amount of discretion, and how far they decide to push an issue often hinges on
a subject’s attitude. If you are friendly or at least cooperative, they’re far
more likely to cut you a break, even if they identify some type of violation. A
good attitude might get you off with a verbal or written warning, whereas a
poor, uncooperative or combative attitude will only prompt the officer to look
harder for violations and charge you to the maximum extent on each. And
comments such as, “I pay your salary,” are not going to win you any lenience. If you're not doing anything wrong, you shouldn’t
have anything to worry about. Just remember another popular idiom that
ignorance of the law is no excuse. The onus of knowing the rules and
regulations lies with you. In fact,
being intimately familiar with the laws can sometimes come in handy, as even
conservation officers can make mistakes. A conservation officer once stopped
me as I headed out to the duck marsh. He informed me that because it was
muzzleloader season for deer, I was required to wear the requisite 500 square
inches of blaze orange while hunting. I politely offered that I didn’t believe
that was the case if I was hunting waterfowl from a blind over decoys. After
further calm and cordial conversation, he excused himself and made a radio call
to headquarters. He returned a few minutes later, allowed me to continue on my
way, and even wished me good luck.
Eyes and Ears
If you’re on the right
side of the law, you and the officer should consider one another allies rather
than adversaries. You can be an extra set of eyes and ears for them and let
them know if you see anything wrong. When I encounter a conservation officer,
he often gives me his business card, and if he doesn’t, I ask for it. I keep it
in my truck and don’t hesitate to call if I see something amiss. It has earned
me a couple of favors in the way of tips about where I might find good hunting.
Nobody’s Perfect
Certain topics are
timeless among deer hunters, like the best cartridge or action for deer, or
whether perennials are better than annuals for food plots. And if you bring up
the topic of conservation officers, someone is bound to share a story about a
negative encounter they had. It happens, but as we often tell non and
anti-hunters, you shouldn’t let the actions of one person tarnish your
impression of the group. I’ve
encountered conservation officers who might have seemed a bit overzealous and
perhaps overbearing on occasion. But most have been respectful and
professional. When you encounter a conservation officer, give him the benefit
of the doubt, just as you would want a non-hunter to treat you. Theirs is not
an easy job, but the easier you make it for them, the easier they’ll make it
for you.
