- POACHING may be illegal and in violation because:
Conservation and wildlife management laws.
Violations of hunting laws and regulations are normally punishable by law and, collectively, such violations are known as poaching.in season; usually the breeding season is declared as the closed season when wildlife species are protected by law. permit. baiting a field while hunting quail or other animals, using spotlights to stun or paralyze deer, or hunting from a moving vehicle, watercraft, or aircraft).
Endangered Species Act for the USA or the Migratory Bird Treaty Act of 1918 and similar laws/treaties. cattle rustling"), not poaching. is the illegal taking of wild plants or animals contrary to local and international
Poaching is the illegal taking of wild plants or animals contrary to local and international laws.
Violations of hunting laws and regulations are normally punishable by law and, collectively, such violations are known as poaching.
Possession of stolen goods - Corals collected Illegal
In the U.S. and most other countries, if the individual knew the goods were stolen then it is usually prosecuted as a misdemeanor or felony, depending on value of stolen goods.
If an individual knows about themselves having possession of stolen goods from another state, then, according to numerous federal laws, it is prosecuted as a federal crime. If the individual didn't know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted.
Though there are often exceptions, because it is not easy to prove or disprove simple knowledge.
- The poacher does not possess a valid license
- The poacher is illegally selling the animal or animal parts or plant for a profit. (THIS INCLUDES CRAIG'S LIST OR E-BAY)
- The animal is being hunted outside of legal hours.
- The hunter used an illegal weapon for that animal.
- The animal or plant is on restricted land.
- The right to hunt this animal is claimed by somebody.
- The type of bait is inhumane. (food unsuitable for an animal's health, i.e. peanut butter and jelly sandwiches, spaghetti, etc.)
- The means used are illegal (for example, baiting a field while hunting quail or other animals, using spotlights to stun or paralyze deer, or hunting from a moving vehicle, watercraft, or aircraft).
- The animal or plant is protected by law or that it has been listed as extinct or endangered
- The animal or plant has been tagged by a researcher.
Note that only wild animals can be poached. Stealing or killing domestic animals is considered to be theft ("Possession of stolen goods)
n. 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession.
v. to own, have title to, occupy, physically hold or have under exclusive control.
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