Montana evidence of sex law

[300stw]

Evidence Required of Game Animal’s

Sex (MCA 87-6-406)


• It is unlawful to destroy evidence of the

sex of a game animal so as to make the

determination of the sex of the game

animal uncertain.

• FWP recommends proof of sex

accompany the carcass from the field to

the point of processing.

I cut and pasted from the 2019 regulations, is this new this year? what does destroy mean? any other thoughts,,,,
maybe I been under a rock,,,,

 

[shoots-straight]

Just save the condom and turn it in.

 

[JLS]

Always been there. Destroy simply means remove or alter it so determination of sex is impossible.

 

[Schism]

Breaking spike antlers off an animal to make it look like a cow or doe would be one example.

 

[300stw]

I guess I always thought evidence of sex had to remain attached,,, that's what I have done for 40 years,,, so a ball in your pocket would suffice,,,,?

 

[MThuntr]

EDIT: Did they remove the portion that required proof of sex must be naturally attached? I can't find that statement

 

[marshman]

Not 100% sure but I do not believe it has to be attached to the animal, just accompanying the animal until processed.

 

[Hem]

Not 100% sure but I do not believe it has to be attached to the animal, just accompanying the animal until processed.

I always understood it as attached.

 

[Losing_Sanity]

I guess don't eat the mountain oysters...

 

[406LIFE]

Part of what FWP is doing is going back to MCA and seeing what it actually says, clarifying years of interpretation by the Commission and regs writers. While you do not have to leave it naturally attached, you cannot destroy it. If a warden requests, you'll have to take him back to the kill site.

Source FWP Region 2 Warden Sergeant and FWP HQ Legal.

 

[Addicting]

Suppose that’s one way to help control the grizzlies. Sure, I will take you back to it. But, you will have to fight the bear for it.

 

[Walkathon]

If the game warden is asking for proof of sex, show them pictures of your kids Just kidding, I've always left a nut attached to a hind quarter on my deer.

 

[dirtclod Az.]

Proof of Sex is me asleep after the fact.

 

[MTGomer]

Part of what FWP is doing is going back to MCA and seeing what it actually says, clarifying years of interpretation by the Commission and regs writers. While you do not have to leave it naturally attached, you cannot destroy it. If a warden requests, you'll have to take him back to the kill site.

Source FWP Region 2 Warden Sergeant and FWP HQ Legal.

More than a few times I’ve carefully carved around a nutsack or a penis in a blizzard or beneath a headlamp. I wish I had known this. Whack it off and call er good

 

[Hem]

More than a few times I’ve carefully carved around a nutsack or a penis in a blizzard or beneath a headlamp. I wish I had known this. Whack it off and call er good

Ditto to this^
I'm over that scenario.
From here on out...

 

[marshman]

More than a few times I’ve carefully carved around a nutsack or a penis in a blizzard or beneath a headlamp. I wish I had known this. Whack it off and call er good

More than a few times I’ve carefully carved around a nutsack or a penis in a blizzard or beneath a headlamp. I wish I had known this. Whack it off and call er good

Me too, that is why is got my attention when I read it in the Idaho regs.

 

[whiskeydog]

This is even more ambiguous than before. If they don’t care...I guess I no longer care either. I’ll just start using my “ grip and grin” off my phone as “evidence”

 

[cowboy]

Part of what FWP is doing is going back to MCA and seeing what it actually says, clarifying years of interpretation by the Commission and regs writers. While you do not have to leave it naturally attached, you cannot destroy it. If a warden requests, you'll have to take him back to the kill site.

Source FWP Region 2 Warden Sergeant and FWP HQ Legal.

This is going to be worse - not better than before. Ex: Shoot a spike or cow in branch antlered bull area only, pack out the meat and unless some warden wants to spend the rest of his day going for a hike, you'll be sent on your way. Not only that, the vast majority of the game check stations are manned with biologist and they could care less other than to gather whatever data they are looking for.

 

[406LIFE]

This is going to be worse - not better than before. Ex: Shoot a spike or cow in branch antlered bull area only, pack out the meat and unless some warden wants to spend the rest of his day going for a hike, you'll be sent on your way. Not only that, the vast majority of the game check stations are manned with biologist and they could care less other than to gather whatever data they are looking for.

I see what your saying. It would have to be changed in the statue, not something FWP can just do. Until them, they are trying to get original wording and remove the layers of years of summaries that have built up.

 

[BuzzH]

If a warden requests, you'll have to take him back to the kill site.

Source FWP Region 2 Warden Sergeant and FWP HQ Legal.

Absolutely not true...doesn't withstand the 5th amendment and IMO, the regulation shouldn't exist. Nobody is required to self incriminate under the law.

The Fifth Amendment protects individuals from being forced to incriminate themselves. Incriminating oneself is defined as exposing oneself (or another person) to "an accusation or charge of crime," or as involving oneself (or another person) "in a criminal prosecution or the danger thereof."[36] The privilege against compelled self-incrimination is defined as "the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself".

I returned to a kill sight this year, after a request from a Warden (first time in 39 years of hunting) because it was easier for me to do so than to be a butt about it, but it will be the last time I ever do so.