Both very good points.
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Don't worry guys, I'm ok. It was a small dog....
Congrats on the dog for doing his job. Ban bears, it's for the children!!!
I talked to the State Vet's office and they said DOW have no jurisdiction, the dog was protecting livestock, that is his job. The animal was not harassing the bear for fun, his intent was to keep the bear from killing sheep. The DOW can not issue a citation. If the owner has any problems, the State Vet's office will step in and take care of it.
Read what you quoted again, specifically the part I bolded (and underlined). Pets are animals and thus real property.Quote:
9.) CAN I SHOOT A BLACK BEAR OR MOUNTAIN LION IF IT IS ATTACKING MY DOG OR MY
LIVESTOCK? Statute 33-3-106
• Black bears and mountain lions CAN NOT be destroyed when they are causing damage to personal property,
including pets.
• Black bears and mountain lions CAN be killed when it is NECESSARY to prevent them from inflicting death or injury
to LIVESTOCK, HUMAN LIFE, real property, or a motor vehicle. Any wildlife killed shall remain the property of
the state, and such killing shall be reported to the division within five days. “Real property” means land and generally
whatever is erected or growing upon or affixed to land. (Note: “Personal Property” means everything that is subject to
ownership, other than real estate. Personal property includes moveable and tangible things, such as animals, furniture
and merchandise.)
The dog is protecting the herd. It's a herding dog, that's what it does. Why is this an issue? On private property the owner has the right to protect it's animals.
What he was saying was that if the bear was coming onto the property to get the livestock, he should shoot the bear (legal) instead of have the dog who is protecting the livestock chase it off (supposedly illegal, according to DOW).
Of course it makes more sense to have the dog chase off the bear, since the bear is just doing what bears do and the dog is just doing what he's trained to do. No harm done, but DOW is giving him grief about it.
Bolded a different part for you.
Don't get me wrong, I agree with you. But when they specifically mention it as something that "animals" doesn't apply to, I see the rancher having a hard time arguing it.Quote:
9.) CAN I SHOOT A BLACK BEAR OR MOUNTAIN LION IF IT IS ATTACKING MY DOG OR MY
LIVESTOCK? Statute 33-3-106
• Black bears and mountain lions CAN NOT be destroyed when they are causing damage to personal property, including pets.
• Black bears and mountain lions CAN be killed when it is NECESSARY to prevent them from inflicting death or injury
to LIVESTOCK, HUMAN LIFE, real property, or a motor vehicle. Any wildlife killed shall remain the property of
the state, and such killing shall be reported to the division within five days. “Real property” means land and generally
whatever is erected or growing upon or affixed to land. (Note: “Personal Property” means everything that is subject to
ownership, other than real estate. Personal property includes moveable and tangible things, such as animals, furniture
and merchandise.)
Next time, shoot the bear, and run the DOW folks off the property. Problem solved.
Ok...so what he needed was some sort of spray stuff that draws a bear to it. Then when the bear comes around go to talk with the hippy. While talking with the hippe just spray them with the bear spray. Once the hippy has been dealt with let the dog run off the bear. :D
The difference is it does NOT apply to pets, dogs, etc. It DOES apply to livestock. Sheep also have the highest depredation rate of any livestock, as they fight back very little compared to a Mtn Lion of Blk Bear. Since sheep are livestock, and the bear poses a real danger to the sheep, game on, IMHO.