[Paddlewise] "hunting"

At 11:07 PM 7/29/98 -0400, you wrote:

>One way around such a law is to contend that no "hunting" is occuring. It
>would better be catagorized as a harvest. Hunting implies some difficulty
>in finding or tracking the hunted animal, followed by stalking to approach
>close enough to use your weapon. Since the whales being killed are used to
>boats approaching and they are a resident herd whose whereabouts are well
>known, no hunting is involved in the same way "hunting" is not used in
>reference to the round up and slaughter of beef cattle.
>
>Just so long as you stay away when the are "hunting" there should be no
>problem getting in close during a "harvest".
>Nick
>

	Problematizing the term "hunting" is a low form of Sophist rhetoric. This
is like arguing that there is no "pre-meditation" because the murderer
didn't have to think about what he/she was doing. 

	"Hunting" is a statutory term, defined and regulated by law. Statutorily
"the hunt" is underway the second the "hunting parties" leave their
residence with the intention of engaging in a lawful hunt. "Hunters" are
engaged in the hunt--for statutory purposes such as transporting
firearms--even while they're standing in line at the local Safeway waiting
to buy beer and jerky before heading to the boat. 

	Here's an example: Oregon permits carry of concealed firearms "by licensed
hunters and anglers while going to, engaged in, or returning from a hunting
or fishing expedition." (the statute verbatim) According to the staff
attorney for the Clackamas County Sheriff, the legal view is that ANY
person with a firearm and a hunting license is engaged in a hunt. . . short
of attending a PTA meeting. 

	As I say again: I'm opposed to whaling. I'm very opposed to whaling. But
you need to realize that you're dealing with Federal Indian Treaties and
that the "feds" don't mess around with Sophist arguments such as, "They
weren't actively seeking whales so they weren't 'hunting'." That argument
will get you tossed in jail fast. Also, you're likely to lose your boat. 

	I agree with your views, but your legal strategy will get you arrested,
convicted, and sentenced. Trust me on this one. Getting caught up in the
legal system really sucks. Just offhand I'd estimate you'd be charged with
a misdemeanor, lose your boat, get sentenced to a week or two in jail, two
years supervised probation, and court costs and fines will run you about
$3,000. Legally you have no defense whatever. The state has the statutory
authority to grant indian tribes hunting permits for Bald Eagles and whales
if that's what it wants to do. 

	Write your representatives and tell them how pissed off you are! I'll
endorse that action forever. 

______________________________
George Bergeron, Secretary '99
Oswego Heritage Council
http://www.europa.com/~heritage/
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