Field & Stream does a good job outlining the history of the Open Fields Act, the history of this issue, and what’s at stake. It’s in three parts.
Part 1
Part 2
Part 3
In part 3 the author writes the following.
There’s simply no getting around the fact that Hollingworth is a poacher, by definition. He has admitted to, been charged, and/or convicted of the following:
- Chasing coots with a boat and shooting them with lead shot.
- Shooting deer at night from a vehicle (though he insists his buddy pulled the trigger).
- Shooting cliff swallows.
- Shooting beavers at night on public land.
- Baiting migratory game birds.
- Shooting over the limit on ducks.
Hollingsworth told me that he believes that there should be some game laws—but he also said private-property owners should be able to shoot a deer or turkey any time of the year, so long as they use common sense and are shooting it to eat it, and that baiting waterfowl should be legal on private land, too, provided hunters adhere to the bag limits.
All of a sudden, I wasn’t so sympathetic.
That said, no matter how many past violations Hollingsworth has or how inexcusable they are, it is still fair to ask whether the wardens overstepped their bounds in this case. Did they go too far in planting the hidden trail camera? I think they did. And did they really need (as Hollingsworth describes it) to surround his home with multiple officers just to serve a warrant for a “stolen” trail camera? I suspect they didn’t.
Good grief. Do you know how many bird species are included in the migratory bird act? More than 800. If a Woodpecker is tearing a tree apart on your property, and that tree, or group of trees, is (or are) necessary to prevent washes and fissures on your land, too bad. You can’t kill it. Chimney Finches or Chimney Swifts are protected. If one gets into your chimney and dies for whatever reason, you have to live with the smell of death in your house because you didn’t drive it out of there before it died.
If a Killdeer nests in your gravel road, you can’t move it under Federal law. I didn’t say not to kill Woodpeckers killing your trees. I said that under federal law, you cannot do it. These rules are stupid, concocted and promulgated by stupid and wicked men.
As for killing deer out of season, it would be nice for every man to be as well off as every other man, but that won’t happen in time and on earth. Thus, some people just have to do what they have to do to feed their families. I get the issue about modern game management techniques historically increasing herd size. I really do.
But the creature isn’t above the creator. And the creator gave man charge over the animal kingdom. I am opposed to anything that gives government more power, because controlling men are always abusive.