finally

Trip McNeely

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http://gf.nd.gov/news/tennessee-man-cited-guiding-without-license word on the street is this crap is becoming prevalent with spring snow hunting. esp. south central nd. would like to see a few more stings. these guys that run and gun like that are worthless human beings.


A Tennessee man has lost his hunting privileges for 18 months and was fined more than $4,000 for acting as a hunting outfitter in North Dakota without a license.

Robert “Adam” Whitten, 40, of Counce, Tenn., was charged Oct. 24, 2015, by district game warden Erik Schmidt, Linton, after Schmidt followed up on a complaint of unlawfully placed “No Hunting” signs on private property.

Through his investigation, Schmidt determined Whitten, who had acted as an outfitter in the past in Tennessee, was staying on a rented farmstead in southwestern Emmons County for most of the month of October. Prior to his arrival in North Dakota, Whitten took money from nonresident hunters for what he was advertising as a place to stay and access to 5,000 acres of hunting land for waterfowl and upland game.

In North Dakota it is illegal to act as a guide or outfitter without first securing a license through the North Dakota Game and Fish Department. Licensed outfitters in North Dakota are required to pass a written test, be certified in first aid, and carry liability insurance, among other requirements. The definition of outfitting in North Dakota includes providing facilities or services and receiving compensation from a third party for the use of land for the conduct of outdoor recreational activities including hunting.

Schmidt charged Whitten with two counts of outfitting without a license, both Class A misdemeanors. The maximum penalty for a Class A misdemeanors in North Dakota is a $3,000 fine and one year imprisonment.

Under a plea agreement approved by South Central District judge Thomas Schneider, Whitten was required to pay $3,325 in fines and court costs, with $1,000 suspended for a period of two years for the first count and $3,025 in fines and court costs with $1,000 suspended for a period of two years for the second count.

In addition to fines and fees, Whitten had his hunting privileges suspended for 18 months and was placed on unsupervised probation for one year. Because North Dakota is a member of the North American Wildlife Violator Compact, Whitten could potentially lose hunting privileges in other compact states.
 
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Up Y'oars

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Awesome! He now has more time to drink beer and go poaching.... which is what a guy from Tennessee probably does up here, anyway.
 

jdinny

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pretty sad when a guy it posting private land which is not his....for himself to make money off it.
 

KDM

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$150 bucks a day for just hunting or 300 bucks a day for hunting and lodging for say half the regular canada goose season (approximately 35 days) for only one guy is $5250 or $10500. If he had several clients or guided for the early goose season it gets worse. The bum got off easy IMO. He should have had to PAY BACK ALL THE MONEY HE TOOK IN FROM ILLEGALLY GUIDING ON TOP OF THE FINES!!!!!!!!! Even from these guestimates of his paydays, I suspect he still made money so the chances of him doing it again in another region of ND are above average IMO.
 

Trip McNeely

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like i said most i hear is second hand or word on the street kind of stuff but ive heard southern "guides" are booking there clients and making all payments in that state. then they bring them up here as there "buddies" and they are all on a "fun hunt" i ran into a few of these guys last year and it seemed pretty odd one gentleman who was from north carolina and happened to be doing the scouting was hunting with 5 guys from minnesota the next day. im guessing the hard part for the gnf is proving any if it. but i sure wish theyd hammer some of these assholes.
 


USMCDI

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like i said most i hear is second hand or word on the street kind of stuff but ive heard southern "guides" are booking there clients and making all payments in that state. then they bring them up here as there "buddies" and they are all on a "fun hunt" i ran into a few of these guys last year and it seemed pretty odd one gentleman who was from north carolina and happened to be doing the scouting was hunting with 5 guys from minnesota the next day. im guessing the hard part for the gnf is proving any if it. but i sure wish theyd hammer some of these assholes.

Agreed, I hate pheasants and that was a weak fine.
 

5575

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So I've gotta ask.
What's the difference in what he did and what local land owners here do all the time?
When I had an elk tag just about every land owner wanted to charge me for a "trespass fee".
And I know local farmer and ranch neighbors that have charged for bird hunters for years. One used to get $25K a year from a group from out east to have the place to themselves locked up nice and tight and they paid him for 5 years up front $$$.

Is it just if your from out of state that you get prosecuted? Because this happens all the time for birds, and big game here and its getting worse. What the difference between doing this and charging for a "hunting lease"? And believe me I hate the entire hunting lease thing..
 

KDM

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ND is one of the last places the "Pay to Play" crowd hasn't latched on to yet. YET being the key word here. However, I see MORE AND MORE Hollywood Hunting Shows being filmed in ND and it's only a matter of time before ND goes the way of Illinois and Kansas. When money gets involved not much else survives. Money Talks!!!!
 

MarbleEyez

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So I've gotta ask.
What's the difference in what he did and what local land owners here do all the time?
When I had an elk tag just about every land owner wanted to charge me for a "trespass fee".
And I know local farmer and ranch neighbors that have charged for bird hunters for years. One used to get $25K a year from a group from out east to have the place to themselves locked up nice and tight and they paid him for 5 years up front $$$.

Is it just if your from out of state that you get prosecuted? Because this happens all the time for birds, and big game here and its getting worse. What the difference between doing this and charging for a "hunting lease"? And believe me I hate the entire hunting lease thing..

He who has the land makes the rules..
 

gr8outdoors

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I know a guy who charges to shoot prairie dogs, but hey, if he likes his cows breaking legs in the holes this is business I guess!
 


5575

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In Canada hunting leases are illegal, something this state should consider before it's too late..
 

zoops

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In Canada hunting leases are illegal, something this state should consider before it's too late..

But still plenty of guides up there, gotta wonder how much goes on under the table? No doubt ND ain't what it used to be just 15 years ago in regards to land access.
 

jdinny

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So I've gotta ask.
What's the difference in what he did and what local land owners here do all the time?
When I had an elk tag just about every land owner wanted to charge me for a "trespass fee".
And I know local farmer and ranch neighbors that have charged for bird hunters for years. One used to get $25K a year from a group from out east to have the place to themselves locked up nice and tight and they paid him for 5 years up front $$$.

Is it just if your from out of state that you get prosecuted? Because this happens all the time for birds, and big game here and its getting worse. What the difference between doing this and charging for a "hunting lease"? And believe me I hate the entire hunting lease thing..

I guess one glaring difference is this guy didn't own the land. Unlawfully posts said land. Unlawfully runs hunters through said land and makes a profit . Awhile said. Landowners doesn't see a dime....... I'd say that a touch different.

- - - Updated - - -

I bet your butt would pucker a tad if someone made a dime on your expense. On your property?
 

5575

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Don't get me wrong, I'm glad they busted the guy. Not trying to back him in the least. Just saying thou if the guy that owned the property had done the same thing with the hunts I highly doubt he'd have gotten in any trouble.
 

Sparky2_1

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Im in the process of buying land in the central part of the state. Good waterfowl and decent numbers of Pheasant. I am going to be letting a few guys on that have kids and not charge them for the hunt. But if I catch anyone without written permission well lets just say that my German shepard may have some fun. So if someone comes in my yard and asks its a good chance they will be getting on if I am not hunting it that day. And I will not let it get over hunted.
 


MarbleEyez

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They should of threw the book at this guy IMO. Nothing irritates me more than out of state people thinking that they are "entitled" to something. And the same goes for "In-State" people. I've dealt with jack-holes from MN, Fargo, Bismarck, locally in my own town. I don't care if you are from MN, WI, SD, ND or Mar's.


There is a lot of people who do "Fee Hunting", but that's just part of it. There's farmers in the SW part of the state that strictly put in food plots for pheasants and sign an agreement with an outfitting company. When you get paid on a $25/Bird basis why wouldn't you? The people who complain about the fee hunting are the people from out of the area who fell "Entitled" to everything. The same people that just hop in the car and drive down and then are pissed because the land they hunted 3 years ago is now posted. It's called doing your homework, and most important, building relationships with people in the area. Everyone has this sense of "entitlement" and it's ridiculous. You build relationships with people and you will have all the land you want to hunt on.
 

johnr

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That would also be income, which by law requires a tax liability, and I would venture close to zero claim that income, hence being a tax cheat, which is as criminal as acting as a guide on non owned lands.

I have no dog in this fight, as I don't pay to hunt, or charge for land I don't own... I do bring a handle of whiskey to my friends who's land I do hunt, but drink it with them, same as I would do with anyone
 

Rowdie

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Posting other peoples land, and then trying to run hunters off of that land, not knowing who they are......Wow. I think this must have to walk with a limp dragging those iron balls around.
 

5575

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They should of threw the book at this guy IMO. Nothing irritates me more than out of state people thinking that they are "entitled" to something. And the same goes for "In-State" people. I've dealt with jack-holes from MN, Fargo, Bismarck, locally in my own town. I don't care if you are from MN, WI, SD, ND or Mar's.


There is a lot of people who do "Fee Hunting", but that's just part of it. There's farmers in the SW part of the state that strictly put in food plots for pheasants and sign an agreement with an outfitting company. When you get paid on a $25/Bird basis why wouldn't you? The people who complain about the fee hunting are the people from out of the area who fell "Entitled" to everything. The same people that just hop in the car and drive down and then are pissed because the land they hunted 3 years ago is now posted. It's called doing your homework, and most important, building relationships with people in the area. Everyone has this sense of "entitlement" and it's ridiculous. You build relationships with people and you will have all the land you want to hunt on.

If your talking about me, I am from and live in the SW part of the state. And we farm and ranch here as well in both ND and SD..
 

MarbleEyez

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If your talking about me, I am from and live in the SW part of the state. And we farm and ranch here as well in both ND and SD..

No, not directing this at you 5575! Just showing why some people choose to hop on board with some of the bigger outfitters in SW ND. And Johnr, as long as it stays under $600, they're good to go:cool:

I'm not for everyone hoping on with Outfitters and really not a fan of Fee hunting. But with that being said, I can see where it comes into play. When you have a large group of sportsmen who travel from long distances, why not spend the extra $300 and have land that you can go where you know you will at least have a chance at some birds.
 


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