LD 1600
pg. 132
Page 131 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 133 of 360
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LR 2121
Item 1

 
is posed to make it necessary and prudent to provide guidance to
those in pursuit of wild animals and wild birds on the matter of
proper target identification.

 
2.__Target identification.__While hunting, a hunter may not
shoot at a target without, at that point in time, being certain
that it is the wild animal or wild bird sought.

 
A.__The target-determining process to be utilized is that
which a reasonable and prudent hunter would observe in the
same situation.__A reasonable and prudent hunter always
bears the risk of loss of legitimate prey to avoid the risk
of the destruction of human life.__A reasonable and prudent
hunter neither disregards the risk of causing the death of
another human being nor fails to be aware of that risk as a
consequence of misidentification.__A reasonable and prudent
hunter never bases identification upon sound alone or even
upon sound in combination with what appears to be an
appendage of the wild animal or wild bird sought.__A
reasonable and prudent hunter, independent of these target-
determining factors, bases identification upon obtaining an
essentially unobstructed view of the head and torso of the
potential target.__This visual sighting is the most critical
target-determining factor.__Visual sighting of the head and
torso may present itself intermittently or continuously.__If
presented intermittently, a reasonable and prudent hunter
does not make a target-identification decision until this
visual sighting exists at the point in time the hunter takes
aim and is making final preparation to shoot.__A reasonable
and prudent hunter additionally recognizes that these sound
and sight target-determining factors are affected by a
number of other considerations, including, but not limited
to, the distance to the target, surrounding or intervening
terrain and cover, lighting and weather conditions, the
hunter's own ability to hear and see, the hunter's own
experience and the proximity of other persons in the
hunter's immediate vicinity.

 
3.__Penalty.__A person who violates subsection 2 commits a
Class E crime.

 
§11223.__Aid to injured person and reporting hunting accident

 
1.__Duty.__A person who knows or has reason to know that that
person has inflicted injury or may have inflicted injury on
another person by the use of a firearm or bow and arrow shall:

 
A.__Make that person known to the victim;


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