States' Bans on Tracking Dogs Defy Logic, Ethics

By Darren La Sorte, Manager, NRA Hunting Policy Published: 4/15/2011

LaSortesmall.jpgFor decades, NRA has battled to overturn laws denying the right to self-defense. The “fight or flight” mechanism is embedded in our DNA. Furthermore, I believe it is my ethical obligation to protect myself and my loved ones from harm. It is wrong for the government to deny me the means to fulfill this obligation.

To date, NRA has been successful in this battle. For instance, there are now 40 states that recognize the right to carry concealed firearms for self-defense. After Wisconsin’s resounding elections last November, it’s likely that it will become the 41st state later this year.

Most hunting laws that NRA seeks to repeal throughout the country can be described as unreasonable or unnecessary, but not as keeping us from complying with our ethical code. There is one glaring exception and that is the widespread existence of laws that bar hunters from using dogs to recover wounded game. It is unquestioned that hunters are obligated to do everything within their power to recover game animals that they have shot or arrowed. Of course, this should include the use of the best available tool—a dog’s nose. For states to deny us this is beyond comprehension, but many do.

I learned of the problem while hunting deer with a friend in northwest Kansas. His story truly disturbed me. He is one of the most dedicated and hardworking hunters I know. Having relentlessly pursued the same monster buck for two years, he finally achieved what he was sure was success when he arrowed the deer. All the evidence on the ground confirmed what he had seen. His arrow had found the “boiler room.”

His confidence began to waver when he followed the blood trail to the perimeter of what can only be described as one of the most vast and daunting thickets I have ever seen. As he showed it to me, I was sure that sunlight had never touched the ground in that impenetrable tangle of vegetation. It defined “safe haven.”

He did the right thing and stopped his pursuit. He had a pair of Jack Russell terriers at home who lived to hunt small game and he knew they’d adapt to the new task, go in, find his buck and make a racket, allowing him to machete his way to them and his deer. I’ve seen these little tracking machines do their blood trailing work in Africa, where they are the only game in town for the professional hunters, also known as guides.

After retrieving his two aces in the hole, he decided to stop at the local convenience store for a bite to eat before heading back out to the thicket. His dogs waited patiently in the bed of his truck. The local game warden happened by and asked my friend what he was doing taking his dogs out in the middle of deer season with his bow in tow. He described his predicament to the man he had known for years. To his utter shock, he listened to the agent threaten him with a citation and a suspended hunting license if he proceeded with his plans. He had no idea that doing the right thing—the ethical thing—was illegal in his home state.

Understandably, he pondered his options. It was what he considered a choice between civil disobedience and losing the license that allowed him to do what he loves or leaving a majestic animal to rot in the field. However painful, he took his dogs home and spent the next two days searching the thicket. Blood was nearly impossible to find in the vegetative chaos. During the ordeal, he might have fought his way to within a foot or two of the dead buck and never known it. He would have had to literally stumble over it in order to find it.

The lasting anger was still evident as he finished telling his story. I sparked it all when I asked him to tell me of any hunting laws that he thought should be changed. It’s a question I ask everyone I hunt with because it helps NRA do the lobbying work our members expect of us.

As is often the case with other bad laws in the hunting realm, prohibitions against the use of tracking dogs exist because the state fears that hunters will abuse the option if it is available. It’s much easier to ban the use of all dogs for any purpose while hunting big game than to wonder whether some law-breaker might be hunting a perfectly healthy animal with his dogs. Such bans make things easier for government agents but they certainly don’t make things right. The kind of mindset that leads to these policies is appalling.

For those untrusting government officials who believe hunters simply cannot help themselves when it comes to violating the letter of the law, there is an answer short of total prohibition. I’m the last one to advocate more red tape but, in certain cases, it is better than the alternative.

A state like Kansas could establish a phone number and website that hunters could use to report that there is a wounded animal in the field and that dogs are going to be employed to find it. If hunters who haven’t filed a report are found using dogs in the field, the failure could be used as a portion of the evidence indicating illegal hunting. If a particular hunter regularly reports into the hotline, wardens can investigate the situation to ensure the system is not being used as an excuse for illegal hunting.

Of course, government displaying a little trust in the people it should consider conservation heroes would be preferred over such a system, but it’s unfortunately not as common as it should be.

Some states that allow the use of tracking dogs require hunters to use certified trackers who usually do their work for a fee. While better than no allowance, this sort of requirement is not justified. Hunters should be able to use their own dogs if they believe they can help in the search. I’m not advocating putting certified trackers out of business. There are enough of us who don’t have dogs of our own to keep them busy. Even those with dogs would often be smart to voluntarily spend the money for the professionals. Deersearch.org has a group of volunteer handlers who help find wounded deer with special tracking dogs.

The use of leashes is also required in many of the states that permit tracking dogs. This is another unjustified mandate. Hunters should be free to choose the best approach for their circumstances. A leash may be the best way to go in most instances but a requirement would have made things very difficult for my friend in Kansas if he had been able to take his dogs into the thicket.

There are many unnecessary and unreasonable hunting laws that need to be changed, but those that prevent hunters from fulfilling their ethical duty—like using dogs to recover wounded game—are the most egregious. Rest assured, NRA-ILA will lead the effort to repeal them.

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Comments
Kansas is not advertising it but I beleive the wording "the use of dogs to track deer is prohibited" has been dropped from the regulations.

From trapperjohn on Monday, November 19, 2012 11:30 PM
In England and Europe, tracking dogs are the norm along with suppressors or moderators as they call them. It makes a lot of sense, Game is considered of great value there since meat is sold. We don't sell game here and its a good thing that we don't. But not using trained dog to track and retrieve wounded game is wasteful, gee you can hunt upland game with dogs. Seems to me that a lot of our laws on the books make no real sense. Now if it was up to me none of this stuff would be an issue, the game meat is just too valuable to waste like this.

From George Semel on Saturday, November 17, 2012 11:01 PM
Everyone has a different ethical view. The general rule is "The animal should not have to suffer more than it has to." If you plug a Duck while hunting waterfowl, he's still flapping and struggling in the water, you're obligated to end it's suffering. Laws helping us FULFILL our obligations would be appreciated. As to 1 shot, 1 kill . . . that would be Utopian, but nobody can do that with every single shot they take. And dogs are good for hunting anything except Buck, Moose and Elk. If I was hunting a Bear, I would want a couple dogs with me.

From Thomas Crawford on Wednesday, December 14, 2011 10:29 AM
Those politicians should try to live on what they can harvest from the outdoors before they go spouting off at the mouth like they know it all

From jim powell on Sunday, December 11, 2011 4:14 PM
Bobcat-how do you know what any old Indians used to harvest or retrieve game? All the old Indians I know of are DEAD! Now, being directly decended from a Cherokee Tribal Elder(Eastern Woodland Band/Deer Tribe) I can assure you that Native Americans used any and all means available to provide food for their families and tribes. This romantic notion of what Indians did,or did not do, has to stop, it's bunk. I'll use every means available today, firearms, archery, crossbow, a spear if I have to; to cleanly and humanely harvest any game I go after and convert it to a foodsource.

From porkchop6209 on Sunday, December 11, 2011 12:40 PM
The inability to retrieve downed game from private property is another such regulation - but property rights are and need to be protected. I'm not against the use of dogs to track downed game - and was very intrigued a few years about a certain breed of dachshund that is particularly adept at doing so. I'm just concerned that very general allowance of dogs afield will eventually run into trouble when the less ethical among us see it as an opportunity to run deer with their dogs. "Honest Ranger Smith! I thought I had already hit that deer!" Pietor: grow up. Hunters practice fair chase, regardless of the "ultramodern technology". It is not easy to collect game no matter what technology you hang on your belt. What gives man an unfair advantage against game is and has always been man's brain. Try yours out sometime. Jonathan: as a Hunter Safety Instructor, we teach new hunters to shoot for the vital organs as there is less likelihood of simple wounding; high likelihood of quick expiration for the animal. One shot, one kill to be true; however, the animal will rarely "drop in its tracks" after such a shot. Adrenaline alone will carry it tens of yards at a fast clip. Attempts to sever spines, shatter clavicles, etc. are foolhardy for those who aren't both "crack shots" and deer biologists (actually, it's even foolhardy for them, IMHO), and rarely do more than consign a deer to a slow death afield. I agree with not shooting at a running animal - but it shouldn't be done by the average hunter no matter what ammunition you choose. Doing so prevents most from assessing what is in front of and behind your target, violating one of the ten commandments of gun safety. It's a very poor practice. Speaking of which, you're spot on: practice, practice, practice with the firearm you choose to hunt with, dressed as you'll hunt, and in the posture you will be hunting in. Only when you can confidently hit your target practicing in that way will you be an ethical and proficient hunter. Dogs? Your choice if allowed by law, but I'll practice my marksmanship and tracking skills save the money...

From Bobcat on Thursday, November 03, 2011 11:09 AM
I agree that no dogs should be allowed during a hunt. I have seen footage of dogs tearing a poor Leopard to shreads, bears running whimpering with fear as the dogs start biting. As if your ultra-modern technology doesn't give you an already unfare advantage? You hunters should be real men and hunt a bear as the old indians use to do. I am sure it would be a different story for you hunters?

From Pieter Perold on Thursday, October 13, 2011 3:25 AM
Not all deer go down with a single bullet, even with a perfect shot since all deer will go into survival mode. What will the eco Nazi's think of next, prohibiting dogs from retreiving ducks or flushing pheasants?

From Jonathan Witt on Monday, August 22, 2011 4:41 PM
1 SHOT, 1 KILL! PRACTICE, PRACTICE, PRACTICE. WAIT FOR THE RIGHT SHOT AND ONLY THEN TAKE IT. I HAVE SEEN MANY HUNTERS EMPTY THEIR GUN AND SPOIL MORE MEAT THAN THEY HAVE GOOD MEAT LEFT. DON'T SHOOT AT RUNNING ANIMALS UNLESS YOU ARE USING THE PROPER SHOTGUN AMMO FOR THE GAME YOU ARE HUNTING. LIKE MOST THINGS TODAY COMMON SENSE WENT OUT THE DOOR.

From WAYNE E STAHLER II on Tuesday, August 09, 2011 9:36 AM
Darren, I just finished reading your article about using dogs to retrieve game. FYI, North Carolina just enacted a law that lets the regular hunter, not a "certified" tracker, locate a wounded animal with a dog's help. Session Law 2011-22 “Retrieval of Big Game” An act to authorize the retrieval of killed or wounded big game using a single dog on a leash. Allows a hunter to use a portable light source and a single dog on a leash to assist in retrieving a dead or wounded big game animal, and allows a hunter to dispatch a wounded big game animal using only a .22-caliber rimfire pistol, archery equipment, or a handgun otherwise legal for that hunting season. Pursuit and retrieval can occur between the hours of one-half hour after sunset and 11:00 p.m., if necessary, but such pursuit and retrieval may not be accomplished using a motorized vehicle. Status: Enacted I enjoy your articles. Mike Tierney/Life Member

From Mike Tierney on Tuesday, May 24, 2011 12:37 PM
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